type: legislation

jurisdiction: UK

text:
PART I
PRELIMINARY
Title and commencement
1
These Regulations may be cited as the Wild Game Meat (Hygiene and Inspection) Regulations 1995 and shall come into force on 20th September 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“carcase”means the eviscerated, and in the case of birds plucked, body of any wild game, with or without the head and lower legs;
“cold store” means a cold store licensed under the Hygiene Regulations ;
“collection centre” means any building, premises or place where killed wild game is kept prior to being transported to a wild game processing facility;
“contravention”, in relation to any provision of these Regulations, includes a failure to comply with that provision, and “contravene” has a corresponding meaning;
“cutting up” means —
cutting meat of large wild game into pieces smaller than half carcases;
cutting meat of small wild game into pieces smaller than carcases; or
removing bones from wild game meat;
“disinfect” means to apply hygienically satisfactory chemical or physical agents or processes with the intention of eliminating micro-organisms;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“fresh meat” has the meanings given in the Hygiene Regulations;
“frozen”, in relation to wild game meat, means meat which has been reduced to a temperature of not more than -12°C;
“health mark” means a mark of a kind set out in Schedule 7 and applied in accordance with regulation 10 and that Schedule;
“hunter” means any person who kills, or organises the killing of, wild game for human consumption;
“the Hygiene Regulations” means —
the Fresh Meat (Hygiene and Inspection) Regulations 1995 ; or
the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;
“inspector” means a person who —
has been so appointed for the purposes of the Hygiene Regulations; and
is appointed in accordance with regulation 6(2);
“large wild game” means wild ungulates;
“licensed”, in relation to any wild game processing facility, means licensed by the Minister under regulation 3, and “ licence” has a corresponding meaning;
“occupier” means any person carrying on the business of a wild game processing facility or, in so far as the context requires, a cold store or a re-wrapping centre or his duly authorised representative and, in relation to an application in respect of any wild game processing facility for a licence under regulation 3, includes the owner of those premises, the person proposing to occupy those premises and the duly authorised representative of any such person;
“offal” means wild game meat other than that of the carcase, whether or not naturally connected to the carcase;
“ OVS ” means an official veterinary surgeon, being a veterinary surgeon designated by the Minister under regulation 6;
“packaging”, in relation to wild game meat, means placing wrapped wild game meat into a receptacle as well as the receptacle itself, and “package” shall be construed accordingly;
“ PIA ” means a plant inspection assistant, being a person who is authorised in accordance with regulation 9;
“potable water” has the same meaning as in the Food Safety (General Food Hygiene) Regulations 1995 ;
“premises” means any wild game processing facility;
“relevant EEA State” means an EEA State other than Iceland;
“re-wrapping centre” means any re-wrapping centre licensed under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995;
“small wild game” means wild mammals of the Leporidae family and wild birds intended for human consumption;
“third country” means a country which is not a relevant EEA State;
“veterinary officer” means a veterinary officer of the Minister of Agriculture, Fisheries and Food;
“viscera” means offal from the thoracic, abdominal and pelvic cavities, including the trachea and the oesophagus;
“wild game” means —
wild land mammals which are hunted (including wild mammals living within an enclosed area under conditions of freedom similar to those enjoyed by wild game); and
wild birds;
“wild game meat” means all parts of wild game which are suitable for human consumption and which have not undergone any preserving process other than chilling, freezing, vacuum wrapping or wrapping in a controlled atmosphere;
“wild game processing facility” means any establishment used for the purpose of dressing or cutting up wild game, the meat derived from which is intended for sale for human consumption; and
“wrapping”, in relation to the protection of wild game meat, means placing in material which comes into direct contact with such meat as well as the material itself.
2
Except in so far as the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
3
Nothing in these Regulations shall be construed as derogating from the provisions of the Animal Health Act 1981 or of any order made thereunder.
PART II
LICENSING OF WILD GAME PROCESSING FACILITIES
Issue of licences
3
1
No person shall use any wild game processing facility for the purpose of dressing or cutting up wild game, the meat derived from which is intended for consignment, or sale for consignment, to a relevant EEA State for human consumption, unless that wild game processing facility is currently licensed under these Regulations.
2
Without prejudice to paragraph (6) below, the Minister, on application made to him under this regulation, shall license the wild game processing facility to which the application relates if he is satisfied that —
a
where only wild game meat is handled, it complies with the requirements of Schedule 1 or the occupier of the premises has agreed a work plan with the Minister to carry out and complete works at the premises necessary to comply with those requirements on or before 31 December 1995, the method of operation in those premises complies with the requirements of Schedules 2 to 6 and there is no significant risk either that facilities for inspection under Schedule 4 will be denied or that any wild game meat condemned under those Schedules will be used for human consumption; or
b
where fresh meat and wild game meat are handled, it is an establishment licensed under the Hygiene Regulations and —
i
the method of operation in the establishment, in relation to wild game meat, complies, in so far as is necessary for the type of operations carried out in the establishment, with the requirements of Schedules 2 to 6 and there is no significant risk either that the facilities for inspection under Schedule 4 will be denied or that any wild game meat condemned under those Schedules will be used for human consumption; and
ii
wild game meat will be handled separately or at different times from fresh meat and measures will be taken to identify clearly the different types of meat;
and shall refuse to grant a licence if he is not so satisfied.
3
Each application for a licence under this regulation shall be made in writing to the Minister by the occupier of the premises to which the application relates.
4
The Minister shall notify the applicant in writing of his decision on the application and of his reasons for any refusal to grant a licence.
5
Any licence granted in respect of any premises under this regulation shall be subject to the condition that any significant alteration to the premises or the equipment or method of operation in those premises shall comply with the provisions of these Regulations.
6
In granting a licence in respect of any premises under this regulation the Minister may make that licence subject to conditions —
a
in respect of the type or species of wild game which may be processed there; and
b
as to the operations which may be carried out there.
7
Where the Minister has refused to grant a licence under this regulation or granted a licence subject to any condition imposed pursuant to paragraph (6) above, the notification under paragraph (4) above shall state the right of appeal to a Meat Hygiene Appeals Tribunal, for which provision is made in regulation 5, and the time within which an appeal shall be lodged.
Revocation of licences
4
1
The Minister may revoke a licence granted by him under regulation 3 in respect of any premises and, where appropriate, require the withdrawal of the equipment for application of the health mark if, after an inspection of, or an inquiry into, the operation or structure of the premises and a report by an OVS or veterinary officer, he is satisfied that —
a
the conditions of hygiene at those premises are inadequate and the occupier has failed to take the necessary measures to make good the shortcomings within such period as the Minister may specify;
b
any requirement of these Regulations as to hygiene has not been complied with and inadequate or no action has been taken to ensure that a similar breach does not occur in future;
c
any agreement made by the occupier with the Minister to carry out and complete any works referred to in regulation 3(2)(a) has not been complied with;
d
any condition attached to the licence in accordance with regulation 3(5) or (6) has not been complied with; or
e
the premises no longer fall within these Regulations because the business carried on at the premises has ceased to include the consignment or sale for consignment to a relevant EEA State of wild game meat for human consumption.
2
The Minister shall forthwith notify the occupier in writing of his decision under paragraph (1) above to revoke any licence granted under these Regulations, of the date on which any revocation is to take effect and of the reasons for such revocation.
3
Any notification under paragraph (2) above must state the right of appeal to a Meat Hygiene Appeals Tribunal, for which provision is made in regulation 5, and the time within which an appeal must be lodged.
4
In paragraph (2) above “occupier”, in relation to a proposed revocation by virtue of paragraph (1) (e) above where the premises are vacant, means the last person known to the Minister to have carried on at the premises the business for which the licence was granted or his successor in respect of that business.
Appeals
5
1
Where the Minister has refused to license any premises or granted a licence with conditions under regulation 3, or revoked the licence of any premises under regulation 4, the occupier of those premises may, within 28 days of the date of the refusal, grant or revocation, appeal to a Meat Hygiene Appeals Tribunal.
2
The provisions of Schedule 12 shall apply in respect of the constitution, appointment of members, remuneration of members and staffing of a Meat Hygiene Appeals Tribunal.
3
Where on an appeal under paragraph (1) above a Meat Hygiene Appeals Tribunal determines that the grant of a licence should not have been refused, that unreasonable conditions have been attached to a licence or that a licence should not have been revoked, the Minister shall give effect to the determination of the Tribunal.
4
Without prejudice to sections 9 to 13 of the Act, where the Minister has refused to license any premises under regulation 3 or revoked the licence of any premises under regulation 4, a person who, immediately before such refusal or revocation, had been lawfully using those premises for the dressing or cutting up of wild game may continue to use them for that purpose, subject to any reasonable conditions imposed by the Minister for the protection of public health, until the time for appealing has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned.
PART III
SUPERVISION AND CONTROL OF PREMISES
Supervision of premises
6
1
The Minister may designate veterinary surgeons as OVSs and shall, in relation to any licensed premises, appoint one or more OVSs, in each case to be an authorised officer of the Minister authorised to act in relation to the examination and seizure of wild game meat, to provide the health certification of wild game meat and to be responsible for the following functions in relation to those premises —
a
the post mortem health inspection of wild game in accordance with Schedule 4;
b
the approval as fit, or the condemnation as unfit, for human consumption of wild game meat in accordance with Schedule 5;
c
where appropriate, the examination of the meat of wild boar for trichinellosis;
d
the health marking of wild game meat in accordance with Schedule 7;
e
securing the observance of the requirements of Schedules 1, 2, 3, 6, 8 and 9; and
f
the carrying out of any necessary training, and the supervision, of PIAs .
2
The Minister shall, in relation to any licensed premises, appoint such number of other persons to act as inspectors in relation to the functions specified in paragraphs (1) (a) to (f) above as appears to him to be necessary for the proper performance of those functions.
3
An inspector appointed under paragraph (2) above shall act under the supervision and responsibility of an OVS.
4
In considering whether it is necessary to appoint any inspector or inspectors in relation to any licensed premises processing small wild game, the Minister shall have regard to the availability in those premises of any PIAs.
5
A veterinary surgeon designated as an OVS under regulation 8 of the Hygiene Regulations shall, in relation to any cold store or re-wrapping centre to which he is appointed under those Regulations and which handles wild game meat, be responsible for ensuring that the requirements of Schedules 8 and 9 to these Regulations are observed and that the health mark is applied in accordance with Schedule 7 to these Regulations in those establishments.
6
An inspector appointed under regulation 8 of the Hygiene Regulations may, in relation to any cold store or re-wrapping centre to which he is appointed under those Regulations and which handles wild game meat, act as an inspector in relation to securing the observance of Schedules 8 and 9 to these Regulations, and the application of the health mark in accordance with Schedule 7 to these Regulations, in those establishments.
Revocation and suspension of designations of OVSs
7
1
Subject to paragraphs (2) and (3) below, the Minister may, at any time, revoke or suspend the designation of any person as an OVS if it appears to the Minister that such person is unfit to perform one or more of the functions of an OVS under these Regulations.
2
Where the Minister revokes or suspends a designation under paragraph (1) above, he shall, as soon as possible, give to the person whose designation has been revoked or suspended a notice in writing of the reasons for the revocation or suspension and shall afford him an opportunity to make representations in writing to the Minister with regard to the revocation or suspension or to be heard by a person appointed for the purpose by the Minister.
3
A notice given under paragraph (2) above shall inform the person to whom it is given of his rights to make representations in writing and to be heard, of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations or an application for an opportunity to be heard may be made; and, in the event of the designated person making any representations (whether orally or in writing) to the Minister under this paragraph, the Minister shall reconsider whether that person is unfit to perform one or more of the functions of an OVS under these Regulations and shall reconsider, as soon as practicable, his decision to revoke or suspend the designation under paragraph (1) above in the light of those representations.
Powers of OVSs and veterinary officers
8
1
Where it appears to an OVS that in respect of any licensed premises to which he is appointed —
a
any of the requirements of these Regulations as to hygiene is being breached;
b
adequate health inspection in accordance with these Regulations is being hampered; or
c
the requirements of regulation 15(3) have not been complied with,
he may, by notice in writing given to the occupier of the premises —
i
prohibit the use of any equipment or any part of the premises specified in the notice; or
ii
require the rate of operation to be reduced to such an extent as is specified in the notice,
and the occupier shall comply with the notice.
2
A person who is aggrieved by a decision of an OVS pursuant to paragraph (1) above may appeal to a magistrates' court or, in Scotland, to the sheriff in accordance with section 37(3) to (5) of the Act.
3
A notice given under paragraph (1) above shall specify the breach of the Regulations that has occurred, the action needed in order to remedy it and the details specified in section 37(6) of the Act, and —
a
such a notice shall be withdrawn by a further notice in writing given by an OVS, or by an inspector acting under the authority of an OVS, to the occupier of the premises as soon as an OVS or such inspector is satisfied that such action has been taken; and
b
so long as such a notice is in effect, the licence in respect of the premises shall be treated as being altered by the addition of the requirements specified in the notice and the other provisions of the licence shall be subject to those requirements.
4
An OVS, in relation to any premises to which he is appointed, or a veterinary officer, may subject any killed wild game or wild game meat in any licensed premises to such examinations (including the taking and analysis of samples) as he may reasonably consider to be necessary for the protection of public health; and an OVS, a veterinary officer or an inspector may, by notice in writing given to the occupier of any such premises, state that he requires to examine on the premises any killed wild game or wild game meat specified in the notice, and once such notice is received the occupier shall detain any such game or meat until such time as he is informed in writing by the OVS, veterinary officer or inspector (as the case may be) that the result of any such examination has been obtained.
5
A veterinary officer may at any time give to an OVS such reasonable directions as he may consider necessary to ensure that the duties and functions of such a person under these Regulations are being complied with, and the OVS shall comply with those directions.
Authorisation of PIAs
9
1
The Minister may, in relation to any licensed premises processing small wild game, authorise persons employed at those premises to act as PIAs to perform the function specified in Schedule 4 in relation to small wild game.
2
No person shall act as a PIA unless that person is authorised under paragraph (1) above and supervised by an OVS.
3
Subject to paragraphs (4) and (5) below, the Minister may at any time revoke or suspend the authorisation of any person as a PIA if it appears to him, on the basis of a report by a veterinary officer or an OVS, that —
a
such person is unfit to perform the functions specified in Schedule 4 or has failed to perform such functions in accordance with these Regulations; or
b
such person ceases to be employed at the premises in relation to which he was authorised to act.
4
Where the Minister revokes or suspends an authorisation granted under paragraph (1) above, he shall, as soon as possible, give to the person whose authorisation has been revoked or suspended notice in writing of the reasons for such revocation or suspension and shall afford him an opportunity to make representations in writing to the Minister with regard to the revocation or suspension or to be heard by a person appointed for the purpose by the Minister.
5
A notice given under paragraph (4) above shall inform the person to whom it is given of his rights to make representations in writing and to be heard and of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations or an application for an opportunity to be heard may be made; and, in the event of that person making any representations (whether orally or in writing) to the Minister under this paragraph, the Minister shall reconsider whether that person is unfit to act or has failed to perform his functions as a PIA under these Regulations and shall reconsider, as soon as practicable, his decision to revoke or suspend the authorisation under paragraph (3) above in the light of those representations.
Inspection and health marking
10
1
The Minister shall arrange for post-mortem health inspections to be carried out at all licensed premises in accordance with Schedule 4.
2
Where wild game meat has been passed as fit for human consumption in accordance with Part I of Schedule 5 following post-mortem health inspection and complies with the requirements of these Regulations, the health mark shall be applied to it in accordance with the requirements of Schedule 7, and no other meat shall be so marked.
3
Meat derived from unskinned large wild game shall not bear the health mark.
4
No person shall remove, or cause or permit to be removed, from any licensed premises any carcase, part of a carcase or offal intended for consignment or sale for consignment to a relevant EEA State for human consumption unless it has been inspected in accordance with these Regulations.
5
The health mark shall be applied by persons acting under the responsibility of an OVS, and no other person shall apply the health mark or possess or use the equipment for applying the health mark.
6
The equipment for applying the health mark and any labels, wrapping or seals on which the health mark is printed shall be kept under the responsibility of the OVS.
7
No person shall use any mark so resembling a health mark, or in such a way, as to be likely to suggest that the product has been produced in accordance with these Regulations.
Notice of operation of licensed premises
11
1
Subject to paragraph (3) below, no person shall operate any licensed premises to produce wild game meat intended for consignment or sale for consignment to a relevant EEA State for human consumption unless he has notified the Minister, in accordance with paragraph (2) below, of the day on which, times between which and place at which they are to be operated.
2
The notification referred to in paragraph (1) above shall be given to the Minister not less than 72 hours before the commencement of such operation except where the Minister has agreed with the person required to give such notice that he will accept notice of a shorter duration, in which case such person shall give to the Minister notice of such agreed duration.
3
Where it is the regular practice in any licensed premises to operate at fixed times on fixed days and written notice of the practice has been given to and accepted by the Minister, this shall, as respects any operation in accordance with such practice, be regarded as adequate compliance with the requirements in paragraphs (1) and (2) above.
PART IV
CONDITIONS FOR THE MARKETING OF WILD GAME MEAT
General conditions
12
1
Subject, where appropriate, to paragraphs (3) and (4) below, no person shall consign, or sell for consignment, to a relevant EEA State wild game meat for human consumption unless —
a
it has been obtained from licensed premises which are supervised in accordance with regulation 6 or from a cold store or re-wrapping centre;
b
it comes from wild game which —
i
has been killed by hunting;
ii
does not come from a region subject to restrictions pursuant to Council Directives 72/461/ EEC , 91/494/EEC and 91/495/EEC ;
iii
immediately after killing has been prepared in accordance with paragraph 1 of Schedule 3 and transported to licensed premises under satisfactory hygiene conditions within a reasonable time and at such temperatures that the inspections required by Schedule 4 can be carried out; and
iv
has been handled under hygienic conditions in accordance with Schedules 3 and 6;
c
it comes from the body of a wild game animal which has been subjected to a post-mortem health inspection in accordance with Schedule 4 and approved as fit for human consumption in accordance with Part I of Schedule 5;
d
in the case of small wild game, a representative sample of such killed game from the same source or batch (as described in paragraph 2(a) of Schedule 3) has undergone an inspection in accordance with Schedule 4;
e
it has been given a health mark in accordance with Schedule 7 and, where appropriate, Schedule 13;
f
it is accompanied during transportation from licensed premises, from a cold store or from a re-wrapping centre, by a commercial document or by a veterinary health certificate in accordance with regulation 13 below;
g
it has been stored after the post-mortem health inspection in licensed premises under hygienic conditions in accordance with paragraph 2(g) of Schedule 3 or in a cold store or re-wrapping centre under conditions equivalent to those set out in that provision;
h
if it is wrapped or packaged, it has been wrapped or packaged under hygienic conditions in accordance with Schedule 8; and
i
where it is being or has been transported to licensed premises or to a cold store or re-wrapping centre, it is being or has been transported under hygienic conditions in accordance with Schedule 9.
2
Subject where appropriate to paragraphs (3) and (4) below, no person shall consign, or sell for consignment, to a relevant EEA State for human consumption —
a
wild game meat which has been condemned as unfit for human consumption in accordance with Part II of Schedule 5;
b
wild game meat which has been treated with ionising or ultra-violet radiation;
c
wild game meat which has been treated with colourings other than those used for health marking;
d
wild game meat obtained from animals which have ingested substances which are likely to make the meat dangerous or harmful to human health;
e
offal of large wild game declared fit for human consumption unless it has undergone appropriate treatment in accordance with Council Directive 77/99/EEC , as amended and updated by Council Directive 92/5/EEC ;
f
unskinned or unplucked and uneviscerated small wild game which has been frozen or which has not been handled and stored separately from fresh meat and skinned or plucked wild game meat; or
g
unskinned large wild game unless —
i
it meets the requirements of paragraph (1)(b)(i) and (ii) above;
ii
it has undergone a visual inspection by an inspector;
iii
such viscera as originally accompanied the game to the premises have undergone post-mortem inspection in a licensed premises;
iv
it is accompanied by the veterinary health certificate set out in Schedule 10;
v
it has been cooled to a temperature of between —
aa
-1°C and +7°C and kept at that temperature during transportation to a wild game processing facility, which transportation must have taken place within 7 days of the post-mortem inspection referred to in (iii) above; or
bb
-1°C and +1°C and kept at that temperature during transportation to a wild game processing facility, which transportation must have taken place within 15 days of the post-mortem inspection referred to in (iii) above.
3
Paragraphs (1) and (2) above shall not apply to killed wild game or parts thereof carried by travellers in their private vehicle and intended for their personal consumption, or wild game meat sent as small packages to private persons, provided that in either case only 10 small wild game or a single large wild game animal is involved and that the meat does not come from a country or part of a country from which such trade is prohibited.
4
Paragraph (1) above shall not apply to wild game meat imported from a relevant EEA State or third countries, save that wild game meat so imported shall be handled in accordance with these Regulations.
Transport documentation
13
1
The occupier of any licensed premises, cold store or re-wrapping centre shall ensure that wild game meat intended for consignment to a relevant EEA State shall be accompanied during transportation from the premises by —
a
in the case of wild game meat which —
i
is obtained from licensed premises, a cold store or a re-wrapping centre situated in a region or area subject to a prohibition or restriction under the Animal Health Act 1981; or
ii
will be transported through a third country in a sealed vehicle,
the veterinary health certificate set out in Schedule 11; and
b
in any other case, by an invoice or delivery note containing the following information:
i
the name and address of the consignor and the consignee;
ii
the approval number of the premises, cold store or re-wrapping centre from which the wild game meat is to be transported;
iii
the date of issue of such delivery note or invoice and a number enabling it to be identified;
iv
a description of the product transported;
v
the total quantity despatched;
vi
in the case of frozen wild game meat, the month and year of freezing; and
vii
the information provided for in paragraph 1 of Schedule 7.
2
The occupier of any licensed premises shall ensure that unskinned large wild game carcases intended for consignment to a relevant EEA State are accompanied during transportation from the premises by —
a
in the case of an unskinned large wild game carcase which —
i
is obtained from licensed premises situated in a region or area subject to a prohibition or restriction under the Animal Health Act 1981; or
ii
will be transported through a third country in a sealed vehicle,
the veterinary health certificate set out in Schedule 11; and
b
in any other case, by the veterinary health certificate set out in Schedule 10.
PART V
ADMINISTRATION, PENALTIES AND ENFORCEMENT
Records of inspections
14
1
The Minister shall keep in respect of individual licensed premises, where appropriate, a record of the results of post-mortem health inspections for the purpose of compliance with the provisions of Council Directive 92/45/EEC .
2
The Minister shall retain any record of such an inspection until the end of the period of 1 year commencing with the date of the inspection to which it relates.
Duties of occupier
15
1
The occupier of any licensed premises shall —
a
keep, and retain for a period of at least one year from its date, a record adequate to show the source and quantity of killed wild game and wild game meat received into, and despatched from, the premises during each week;
b
take all practicable steps to secure compliance by any of his employees or by any person invited on to the premises with the provisions of these Regulations;
c
ensure that any OVS, inspector or veterinary officer is provided with adequate facilities so as to enable him to carry out his duties under these Regulations and that he is given such reasonable assistance and access to records as he may from time to time require for that purpose;
d
take all necessary measures to ensure that, at all stages of production, the requirements of these Regulations are complied with and carry out checks (including any microbiological checks that the Minister may require) on the general hygiene of conditions of production in his establishment to ensure that all equipment, machinery, instruments, fittings, facilities and wild game meat, comply with the requirements of these Regulations;
e
take all necessary measures to ensure —
i
that a record in permanent form, which shall be made available to the OVS or inspector upon request, is kept in respect of the matters specified in sub-paragraph (d) above for a period of at least one year from the date of such record;
ii
the proper application of the health mark, as provided for in regulation 10(2), including any labels, wrapping or seals on which the health mark is printed;
iii
that the OVS or inspector is notified immediately when any information at the occupier’s disposal reveals a serious health risk; and
iv
in the event of a serious health risk, the withdrawal of wild game meat which has been obtained under or stored in similar conditions (as the case may be) and is likely to present the same risk; and
f
ensure that wild game meat is transported in accordance with Schedule 9.
2
The occupier of any licensed premises shall arrange or establish, in consultation with the OVS, a staff training programme to train staff to comply with hygiene requirements appropriate to the operations that they perform in those premises.
3
Where the occupier of any licensed premises has informed the Minister that a specified number of PIAs are, or will be made, available at those premises, he shall ensure that such PIAs —
a
are present at the times notified to him by the OVS appointed in respect of those premises; and
b
carry out the functions specified in Schedule 4 as directed by such OVS.
Offences and penalties
16
1
If any person contravenes —
a
regulation 8(1); or
b
regulation 11(1),
he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
if any person contravenes —
a
any other provision of these Regulations; or
b
a condition imposed by the Minister under regulation 5(4),
he shall be guilty of an offence and shall be liable —
i
on summary conviction, to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years, or both.
3
Neither paragraph (1) nor paragraph (2) above applies to anything done or omitted by the Minister.
4
No prosecution for an offence under any of the provisions mentioned in paragraphs (1) and (2) above shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
Application of various sections of the Act
17
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to the Regulations —
section 2 (extended meaning of “sale” etc. );
section 3 (presumptions that food intended for human consumption);
section 9 (inspection and seizure of suspected food) with the modification that it shall apply to an authorised officer of an enforcement authority as it applies to an authorised officer of a food authority;
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 33 (obstruction, etc. of officers);
section 36 (offences by bodies corporate), subject to the modification that a reference to a body corporate shall include a Scottish partnership and a reference to a director shall include a partner in a Scottish partnership; and
section 44 (protection of officers acting in good faith).
Enforcement
18
These Regulations shall be enforced and executed by the Minister of Agriculture, Fisheries and Food in relation to England and the Secretary of State in relation to Scotland and Wales.
Wild game meat from Northern Ireland, the Isle of Man and the Channel Islands
19
1
No person shall consign or sell for consignment to a relevant EEA State for human consumption wild game meat produced in a place to which this regulation applies unless it was produced at premises in that place in accordance with legislative provisions having effect in that place and corresponding to regulation 3 and paragraph 1 of Schedule 7.
2
The places to which this regulation applies are Northern Ireland, the Isle of Man and the Channel Islands.
Amendments
20
1
At the end of sub-paragraph (b) (v) of the definition of “food business” in regulation 2(1) of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 there shall be added —
vi
to which the Wild Game Meat (Hygiene and Inspection) Regulations 1995 apply.
.
2
At the end of regulation 3(2)(b) of the Food Hygiene (General) Regulations 1970 there shall be added —
v
the Wild Game Meat (Hygiene and Inspection) Regulations 1995.
.
3
At the end of regulation 3(2) of the Food Premises (Registration) Regulations 1991 there shall be added —
g
as a wild game processing facility in respect of which a licence is required under regulation 3 of the Wild Game Meat (Hygiene and Inspection) Regulations 1995.
.
4
In the Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992 —
a
for regulation 1(2) there shall be substituted the following —
2
Any reference in these Regulations to a Chairman or Secretary shall be a reference to the Chairman or Secretary appointed for the purposes of: —
a
regulation 6 of, and Schedule 21 to, the Fresh Meat (Hygiene and Inspection) Regulations 1995;
b
regulation 6 of, and Schedule 15 to, the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995; or
c
regulation 5 of, and Schedule 12 to, the Wild Game Meat (Hygiene and Inspection) Regulations 1995.
; and
b
in regulation 2, after the words “or the revocation of the licence of any premises” there shall be substituted the following —
under —
a
regulation 4 or 5, as the case may be, of the Fresh Meat (Hygiene and Inspection) Regulations 1995;
b
regulation 4 or 5, as the case may be, of the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995; or
c
regulation 3 or 4, as the case may be, of the Wild Game Meat (Hygiene and Inspection) Regulations 1995.
.
5
In the Meat (Hygiene, Inspection and Examination for Residues) (Charges) Regulations 1995 —
a
in regulation 2(1), in the definition of “PIA salary costs”, after “Poultry Meat Regulations” there shall be inserted —
or regulation 9 of the Wild Game Meat (Hygiene and Inspection) Regulations 1995
;
b
at the end of regulation 2(1) after the definition of “slaughterhouse” there shall be added —
“wild game” means —
wild land mammals which are hunted (including wild mammals living within an enclosed area under conditions of freedom similar to those enjoyed by wild game); and
wild birds.
;
c
in regulation 9, after “game” there shall be inserted “and wild game”; and
d
after paragraph (b) of Schedule 2 there shall be added —
c
the Wild Game Meat (Hygiene and Inspection) Regulations 1995.
.
6
In the Fresh Meat (Hygiene and Inspection) Regulations 1995 —
a
in regulation 2(1), for the definitions of “wild game”, “wild game meat” and “large wild game”, there shall be substituted the following —
“wild game”, “wild game meat”, “large wild game” and “small wild game” have the meanings given to them by regulation 2(1) of the Wild Game Meat (Hygiene and Inspection) Regulations 1995;
;
b
in regulation 22, after the words “section 3 (presumption that food is intended for sale for human consumption);” there shall be inserted the following paragraph —
section 9 (inspection and seizure of suspected food) with the modification that it shall apply to an authorised officer of an enforcement authority as it applies to an authorised officer of a food authority;
; and
c
in paragraph 2 of Schedule 14, after sub-paragraph (d) there shall be added —
e
wild game meat is kept at a temperature which must not at any time exceed -12°C if frozen or, if chilled, +4°C in the case of small wild game and +7°C in the case of large wild game.
.
7
In the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 —
a
in regulation 2(1), for the definition of “small wild game” there shall be substituted the following —
“small wild game” and “wild game meat” have the meanings given to them by regulation 2(1) of the Wild Game Meat (Hygiene and Inspection) Regulations 1995;
;
b
in regulation 20(2)(a), for “or 19(3)” there shall be substituted, “19(3) or 25”;
c
in regulation 24, after the words “section 3 (presumption that food is intended for sale for human consumption);” there shall be inserted the following paragraph —
section 9 (inspection and seizure of suspected food) with the modification that it shall apply to an authorised officer of an enforcement authority as it applies to an authorised officer of a food authority;
; and
d
in Schedule 12, after paragraph 3 there shall be added —
4
Wild game meat derived from small wild game shall be chilled or frozen and kept at a temperature which must not at any time exceed +4°C if chilled or -12°C if frozen.
.
8
In regulation 3 of the Food Safety (General Food Hygiene) Regulations 1995 , after paragraph 2(k) there shall be added —
1
the Wild Game Meat (Hygiene and Inspection) Regulations 1995.
.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
8th August 1995
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
15th August 1995
Raymond Robertson
Parliamentary Under Secretary of State, Scottish Office
9th August 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
10th August 1995


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Sutton) (Amendment No. 2) Order 1995 and shall come into force on 16th June 1995.
Interpretation
2
In this Order, unless the context otherwise requires —
“the principal Order ” means the Road Traffic (Special Parking Area) (London Borough of Sutton) Order 1994 ;
“the transferred areas” means the areas referred to in the Schedule to this Order; and
“the special parking area” means the special parking area designated by article 3(1) of the principal Order.
Amendment of the principal Order
3
1
The principal Order shall have effect as if the transferred areas were included in the special parking area.
2
Article 4 (modification of the Road Traffic Regulation Act 1984) and article 5 (modification of the Road Traffic Act 1991) of the principal Order shall apply in relation to the transferred areas as they apply in relation to the special parking area and references in those articles to “the special parking area” and to “a special parking area” shall be taken to include the transferred areas.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
16th May 1995


text:
Citation and commencement
1
These Regulations may be cited as the Amusement Machine Licence Duty Regulations 1995 and shall come into force on 1st November 1995.
Revocation
2
The Gaming Machine Licence Duty Regulations 1988 are hereby revoked.
Display of licence
3
The holder of an amusement machine licence shall display it at all times in a prominent position in the premises to which it relates.
Spare amusement machines
4
1
A spare or broken down amusement machine shall not be treated by virtue of section 26(3) of the Betting and Gaming Duties Act 1981 as provided for play on any premises where —
a
the machine is of the same type for duty purposes as those licensed on the premises; and
b
there is a licence in force in respect of at least two other machines; and
c
either —
i
the machine is kept in a place to which persons resorting to those premises have no access, or
ii
the machine is installed so that it cannot be played at the same time as those licensed on the premises, but this regulation shall not apply to more than one machine at any premises other than an arcade.
2
In this regulation, “arcade” means premises used wholly or mainly for the playing of games by means of machines.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
10th October 1995


text:
1
This Order may be cited as the A4 Trunk Road (Great West Road, Hounslow) (Prohibition of U-Turns) Order 1995 and shall come into force on 3rd May 1995.
2
In this Order —
“central reserve” means that part of Great West Road which separates its two carriageways for the safety and guidance of vehicular traffic using that road; and
“Great West Road” means that length of the A4 trunk road in London Borough of Hounslow known as Great West Road.
3
No person shall cause or permit any vehicle proceeding in Great West Road to make a U-Turn through the gap in the central reserve opposite the eastern arm of Greencroft Road so as to proceed in the opposite direction.
Signed by authority of the Secretary of State for Transport
P. J. Bevis
A Grade 6 Officer Highways Agency London Office
24th April 1995


text:
1
This Order may be cited as the A41 Trunk Road (Watford Way/Hendon Way, Barnet) Temporary Prohibition of Traffic Order 1995 and shall come into force on the 27th November 1995.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the roads, or lengths of road, mentioned in the schedule to this Order should be prohibited because works are being or are proposed to be executed on or near those roads or lengths of road.
3
During the period starting at 00.01 hours on 27th November 1995 for a period of six months or when those works have been completed, whichever is the sooner, the prohibitions specified in article 4 below shall have effect.
4
Subject to the provisions of article 5 below, no person shall cause or permit any vehicle to enter or proceed in the lengths of road specified in the schedule to this Order.
5
1
The prohibitions specified in article 4 above shall apply only during such times and to such extent as shall from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The prohibitions specified in article 4 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
24th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Warwickshire Mental Health National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 6th October 1995.
2
In this Order —
“the Authority” means the Warwickshire Health Authority;
“the Trust” means the South Warwickshire Mental 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 10th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th October 1995 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
4th September 1995


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Stornoway (Ferry Terminal) Harbour Revision Order 1995 and shall come into force on 31st March 1995.
Interpretation
2
1
In this Order —
“the Commission” means the Stornoway Pier and Harbour Commission;
“deposited plans and sections” means the plans and sections signed on behalf of the Secretary of State and marked “Plans and sections referred to in the Stornoway (Ferry Terminal) Harbour Revision Order 1995”, of which copies have been deposited at the office of the Secretary of State for Scotland at New St Andrew’s House, Edinburgh EH1 3DG and with the Stornoway Pier and Harbour Commission, Amity House, Esplanade Quay, Stornoway, Isle of Lewis, PA87 2XS;
“level of high water” means the level of mean high-water springs;
“limits of deviation” means the limits of deviation shown on the deposited plan;
“tidal work” means so much of any work as is on, under or over tidal waters or tidal lands below the level of high water;
“works” means the works authorised by this Order or, as the case may require, any part thereof, and includes any work constructed pursuant to article 5 below.
2
This Order shall be read as if the words “or thereabouts” were inserted after each distance mentioned in article 3 below.
3
Unless the context otherwise requires —
a
any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order;
b
map reference points specified in this Order are Ordnance Survey National Grid reference points.
PART II
WORKS
Power to construct etc. , works
3
1
Subject to the provisions of this Order, the Commission may in the parish of Stornoway, in the Western Isles Islands Area and in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plans and sections construct, execute and maintain the works hereafter described, together with all necessary and proper works and conveniences connected with or incidental thereto, that is to say:
Work No.1
A storage area of irregular shape, constructed by infilling partly on the foreshore and partly on land adjacent thereto, commencing at a point at NB 42535 32592 and extending in a generally south-easterly direction for a distance of 104.5 metres to a point at NB 42606 32517 and there terminating, having a maximum width of 74 metres and a minimum width of 31 metres and surrounded on its seaward face by a rock armoured slope;
Work No.2
A vehicle marshalling area of predominantly rectangular shape, constructed by infilling partly on the foreshore and partly on the seabed adjacent thereto, commencing at a point at NB 42384 32668 and extending in a generally south-easterly direction for a distance of 179.5 metres to a point at NB 42513 32541 and there terminating having an average width of 98 metres and surrounded on its seaward face by a rock armoured slope;
Work No.3
A pier of partly solid and partly open construction with concrete deck, commencing at a point on the south-western face of Work No.2 at NB 42379 32600 and extending in a generally southerly direction for a distance of 152 metres to a point at NB 42350 32449 and there terminating;
Work No.4
An adjustable steel link bridge lying to the west of Work No.3 commencing at a point at NB 42360 32602 connected by a hinge to the south-western face of Work No.2 and extending in a generally southerly direction for a distance of 42 metres to a point at NB 42352 32561 and there terminating, to form a link between a vessel and Work No.2 and including machinery for lifting and lowering the end adjoining the vessel, the width of the bridge being 10 metres;
Work No.5
A fixed structure of solid construction for guiding the adjustable end of and supporting the mechanism for lifting and lowering the steel link bridge (Work No.4), commencing at a point at NB 42345 32572 and extending in a generally southerly direction for a distance of 10 metres to a point at NB 42343 32562 and there terminating, having a width of 7 metres;
Work No.6
A fixed structure of irregular shape, of partly solid and partly open construction to facilitate berthing and mooring of vessels commencing at a point at NB 42345 32419 and extending in a generally southerly direction for a distance of 10 metres to a point at NB 42343 32410 and there terminating, having a maximum width of 20 metres;
Work No.7
Demolition of that part of the existing No.1 Wharf comprising a pier of open construction with concrete deck together with the existing steel link bridge and all associated structures shown hatched black on Sheet No.2 of the deposited plans.
2
The Commission may within the limits of deviation reconstruct, renew and alter temporarily or permanently the works.
Power to deviate
4
Subject to the provisions of this Order, in the construction or execution of the works the Commission may deviate laterally from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation, and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards and to any extent downwards.
Subsidiary works
5
Subject to the provisions of this Order, the Commission, for the purposes of or in connection with the works authorised by article 3 above, may within the limits of deviation construct, execute and maintain all such subsidiary or incidental works and conveniences as may be necessary or expedient for or in connection with those works.
Tidal works not to be executed without approval of Secretary of State
6
1
A tidal work shall not be constructed, reconstructed, executed, renewed or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, reconstructed, executed, renewed or altered in contravention of this article —
a
the Secretary of State may by notice in writing require the Commission at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition, and if, on the expiration of 30 days from the date when the notice is served upon the Commission it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may himself remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Commission.
Survey of tidal works
7
The Secretary of State may at any time if he deems it expedient order a survey and examination of a tidal work or of the site upon which it is proposed to construct and execute the work and any expenditure incurred by him in such survey and examination shall be recoverable from the Commission.
Lights on tidal works during construction
8
1
The Commission shall at or near a tidal work during the whole time of the construction, reconstruction, execution, renewal, or alteration thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation, as the Secretary of State shall from time to time direct.
2
If the Commission fails to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Permanent lights on tidal works
9
1
After the completion of a tidal work the Commission shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for preventing danger to navigation, as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Commission fails to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
10
1
Where a tidal work is abandoned or suffered to fall into decay the Secretary of State may by notice in writing require the Commission at its own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Commission, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure by him in so doing shall be recoverable from the Commission.
Provision against danger to navigation
11
1
In the case of injury to or destruction or decay of a tidal work or any part thereof the Commission shall forthwith notify the Commissioners of Northern Lighthouses and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as the Commissioners of Northern Lighthouses shall from time to time direct.
2
If the Commission fails to notify the Commissioners of Northern Lighthouses as required by this article or to comply in any respect with a direction given under this article it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Period for completion of works
12
If the works are not completed within 10 years from the coming into force of this Order or such extended time as the Secretary of State may on the application of the Commission allow, then on the expiration of that period or such extended time (as the case may be) the powers by this Order granted to the Commission for constructing and maintaining the works shall cease except as to so much thereof as shall then be completed.
PART III
SAVING
Crown rights
13
1
Nothing in this Order shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular and without prejudice to the generality of the foregoing, nothing herein contained shall authorise the Commission to take, use, enter upon or in any manner interfere with, any land or hereditament (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) or any rights of whatsoever description —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to terms and conditions.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
30th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Stockport Acute Services National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 17th December 1995.
2
In this Order —
“the Authority” means the Stockport Health Authority;
“the Trust” means the Stockport Acute Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 10th May 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 17th December 1995 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
20th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Tameside and Glossop Acute Services National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 8th August 1995.
2
In this Order —
“the Authority” means the West Pennine Health Authority;
“the Trust” means the Tameside and Glossop Acute Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 13th March 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th August 1995 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 July 1995


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (Newham and Barking and Dagenham) Red Route Experimental Traffic Order 1995, and shall come into force on 25th September 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting 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.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, The A406 Trunk Road (South Woodford to Barking Relief Road, Redbridge, Newham, Barking and Dagenham) (Prescribed Routes) Order 1989 [Article 6 only] is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in The A406 Trunk Road (South Woodford to Barking Relief Road, Redbridge, Newham, Barking and Dagenham) (Prescribed Routes) Order 1989 [Article 6 only] only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
4th July 1995


text:
Citation and commencement
1
This Order may be cited as the Princess Royal Hospital National Health Service Trust (Establishment) Amendment Order 1995 and shall come into force on 26th January 1995.
Amendment of NHS Trust Establishment Order
2
In Article 4 of the Princess Royal Hospital National Health Service Trust (Establishment) Order 1992 for “4 non–executive” there shall be substituted “5 non– executive” and for “4 executive” there shall be substituted “5 executive”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
16th January 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Highlands of Scotland Tourist Board Scheme Amendment Order 1995 and shall come into force on 31st August 1995.
2
In this Order “the scheme” means the Highlands of Scotland Tourist Board Scheme 1995 .
Amendment of the scheme
2
In paragraph 4 of the scheme (membership of the Board) —
a
for sub-paragraph (3)(b) there shall be substituted —
b
persons, not exceeding 10 in number, to be nominated by the council for the local government area of Highland to be persons representative of that council on the Board;
; and
b
after sub-paragraph (3) there shall be inserted —
4
Each member of the Board shall have one vote.
.
3
In paragraph 5 of the scheme (membership of controlling body), after sub-paragraph (2) there shall be inserted —
3
Each member of the controlling body shall have one vote.
4
The appointment of a member of the controlling body of the Board by the Secretary of State under sub-paragraph (1) shall terminate 28 days after the date of the first general meeting of the Board.
.
4
In paragraph 6 of the scheme (proceedings of the Board), after sub-paragraph (3) there shall be inserted —
4
The decision of the Board or of the controlling body of the Board on any matter shall be decided by a majority of members present and voting thereon.
5
In the case of an equality of votes the member presiding at the meeting of the Board or as the case may be of the controlling body of the Board shall have a second or casting vote except where the matter which is the subject of the vote is one to which sub-paragraph (6) applies, in which case the decision shall be by lot.
6
This sub-paragraph applies —
a
to the appointment of a person to be a member of the Board;
b
to the appointment of a member to be a member of the controlling body of the Board; and
c
to the appointment of a member to any particular office or committee.
.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
24th August 1995


text:
Commencement and citation
1
This Order may be cited as the A23 Trunk Road (Croydon) Red Route (Clearway) Experimental Traffic Order 1995, and shall come into force on 22nd October 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting 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.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
6th October 1995


text:
Citation
1
This Order may be cited as the Humberside Fire Services (Combination Scheme) Order 1995 and shall come into force on the day after the day on which it is made.
Combination scheme
2
The combination scheme set out in the Schedule to this Order, which shall be known as the Humberside Fire Services Combination Scheme, shall have effect.
Blatch
Minister of State
Home Office
4th December 1995


text:
Citation and commencement
1
This Order may be cited as the London Docklands Development Corporation (Alteration of Boundaries) Order 1995 and shall come into force on 31st December 1995.
Interpretation
2
In this Order —
“ the authority ” means the council of the London borough of Newham;
“ the development area ” means the area designated as an urban development area by the London Docklands Development Corporation (Area and Constitution) Order 1980 as altered by the London Docklands Development Corporation (Alteration of Boundaries) Order 1994 ;
“ the development corporation ” means the London Docklands Development Corporation;
“ the excluded area ” means the area shown on the maps bounded externally by a red line;
“the maps” means the four maps respectively labelled “Map 1”, “Map 2”, “Map 3” and “Map 4” which are collectively entitled “Maps referred to in the London Docklands Development Corporation (Alteration of Boundaries) Order 1995”, one set of which, signed by an Under Secretary in the Government Office for London, has been deposited and is available for inspection at the offices of each of the Secretary of State for the Environment, the London Docklands Development Corporation and the councils of the London boroughs of Newham, Southwark and Tower Hamlets; and
“the 1990 Act ” means the Town and Country Planning Act 1990 .
Alteration of development area
3
Subject to the following provisions of this Order, the boundaries of the development area shall be altered so as to exclude the excluded area and, as regards any matter arising after the date of the coming into force of this Order, any reference in an enactment to the development area shall be a reference to that area as it has been altered by this Order.
Transitional provisions in connection with article 3
4
The development corporation may continue to exercise the powers conferred on it by section 136 of the Local Government, Planning and Land Act 1980 —
a
to hold, manage, reclaim and dispose of —
i
any land in the excluded area owned by it at the date of the coming into force of this Order; and
ii
any other property owned by it, at that date, in connection with any land in the excluded area;
b
without prejudice to paragraph (a), where the freehold interest of any land in the excluded area is owned by the development corporation, to acquire, hold, manage, reclaim and dispose of a leasehold interest in such land;
c
to discharge any obligation, exercise any right, power or privilege or assign any benefit under any agreement entered into by it in connection with the excluded area before the date of the coming into force of this Order; and
d
to commence, defend or carry on any proceedings in connection with any matter arising under or in relation to any such agreement as is mentioned in paragraph (c) above and to take such further steps as may be expedient in connection with any such proceedings;
and such powers shall be exercised as if the excluded area continued to form part of the development area.
Liability for compensation
5
1
Where a right to compensation arises, in consequence of the acquisition or vesting of any land within the excluded area by or in the development corporation under Part XVI of the Local Government, Planning and Land Act 1980 (urban development), the development corporation shall be liable for any compensation which is payable.
2
Where a right to compensation arises under Part I of the Land Compensation Act 1973 (compensation for depreciation caused by use of public works) in relation to any land within the excluded area, in consequence of any action taken by the development corporation in the development area, the development corporation shall be liable for any compensation which is payable.
Transitional provisions in connection with planning functions
6
1
Subject to articles 7 and 8, this article applies as respects any planning functions which were transferred to the development corporation by the London Docklands Development Corporation (Planning Functions) Order 1990 and in respect of which the development corporation ceased, by virtue of the preceding provisions of this Order, to be the local planning authority responsible for exercising those functions.
2
Anything which before the date of the coming into force of this Order was in the process of being done by, to or in relation to the development corporation in connection with any of the functions mentioned in paragraph (1) above may be continued after that date by, to or in relation to the authority.
Transitional provisions in connection with planning applications
7
1
This article applies as respects any application for planning permission or approval of reserved matters or for any other approval, consent or determination under the 1990 Act, or the Planning (Listed Buildings and Conservation Areas) Act 1990 , or under any order or regulations made or having effect under either of those Acts —
a
which, before the date of the coming into force of this Order, was duly made to the development corporation and which has not been determined on or before that date, and
b
in respect of which the development corporation ceases, by virtue of the preceding provisions of this Order, to be the local planning authority responsible for determining the application.
2
Except where the development corporation transmits the application to the authority for determination in accordance with paragraph (3), the development corporation shall have in relation to an application the same powers and duties as it would have had if this Order had not come into force.
3
The development corporation shall transmit to the authority for determination —
a
any application which it has resolved with the agreement of the applicant to transmit to the authority; and
b
any other application which it has not determined before 25th February 1996.
4
Subject to paragraph (5), where the development corporation transmits an application to the authority for determination, the application shall be accompanied by a copy of any representation received by the development corporation concerning the application and shall be treated as received by the authority from the applicant on the day on which it is transmitted to the authority.
5
Where notices, certificates, publicity or consultations have been, or are in the process of being, given or carried out in relation to an application before the day on which it is transmitted to the authority, paragraph (4) shall not be construed as requiring further notices, certificates, publicity or consultations solely because the application is treated as received by the authority from the applicant on that day.
6
Where an appeal is made to the Secretary of State under section 78 of the 1990 Act or section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in relation to an application to which this article applies, the authority shall be the local planning authority for the purposes of the appeal.
Liability for compensation in connection with planning functions and planning obligations
8
1
Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 of the 1990 Act or section 28 or 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in consequence of action taken in relation to land within the excluded area by the development corporation, the development corporation shall be liable for any compensation which is payable.
2
Where the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of a matter arising before the date of the coming into force of this Order, which relates to land within the excluded area, the development corporation shall be liable to pay any compensation arising from the order or notice.
3
A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act in relation to land within the excluded area which identifies the development corporation as the local planning authority by whom the obligation is enforceable shall be enforceable by the authority.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,Department of the Environment
29th November 1995


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Confiscation Orders) Order 1995 and shall come into force on 1st January 1996.
2
Part I of Schedule 4 to the Criminal Justice Act 1988 (offences in respect of which magistrates' courts may make confiscation orders) shall be amended by the addition to the offences there listed of the following offences —
a
an offence under section 107(1), (2) or (3) of the Copyright, Designs and Patents Act 1988 ;
b
an offence under section 198(1) or (2) of the Copyright, Designs and Patents Act 1988;
c
an offence under section 92(1), (2) or (3) of the Trade Marks Act 1994 .
3
Accordingly, the table of offences set out in Part I of Schedule 4 to the Criminal Justice Act 1988 is amended by the addition, at the end, of the following:
COPYRIGHT, DESIGNS AND PATENTS ACT 1988 (c. 48) Section 107(1), (2) and (3) Criminal liability for making or dealing with infringing articles &c. Section 198(1) and (2) Criminal liability for making, dealing with or using illicit recordings. TRADE MARKS ACT 1994 (c. 26) Section 92(1), (2) and (3) Offences relating to the unaurhorised use of trade marks, &c. in relation to goods.
4
The amendments made by article 2 above do not apply in relation to offences committed before the day on which this Order comes into force.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
5th December 1995