text:
PART I
PRELIMINARY
Title and commencement
1
These Regulations may be cited as the Fresh Meat (Hygiene and Inspection) Regulations 1992 and regulations 4, 5, 6 and 9 shall come into force on 1st October 1992, and all other regulations thereof shall come into force on 1st January 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“animals” means the following food sources namely —
domestic animals of the following species: bovine animals (including buffalo of the species Bubalus bubalis and Bison bison), swine, sheep, goats and solipeds; and
farmed game;
“another member State” means a member State of the European Community other than the United Kingdom;
“appropriate Minister” means, as respects England, the Minister of Agriculture, Fisheries and Food, and as respects Scotland or Wales, the Secretary of State;
“carcase” means the whole body of a slaughtered animal after bleeding, evisceration and removal of the limbs at the carpus and tarsus, removal of the head, tail and udder and, in addition, in the case of bovine animals, sheep, goats, farmed game and solipeds, after flaying; and, in the case of swine, after bleeding and evisceration, whether or not the limbs at the carpus and tarsus and the head have been removed;
“cold store” means any premises, not forming part of a slaughterhouse, cutting premises, farmed game processing facility or a farmed game handling facility, used for the storage under temperature controlled conditions of fresh meat intended for sale for human consumption;
“contravention” in relation to any provision of these Regulations includes a failure to comply with that provision;
“country of destination” means the member State to which fresh meat is sent from another member State;
“cutting premises” means premises used for the purpose of cutting up fresh meat intended for sale for human consumption;
“cutting up” means —
cutting fresh meat into cuts smaller than half carcases cut into three wholesale cuts; or
removing bones from fresh meat;
“disinfect” means to apply hygienically satisfactory chemical or physical agents or processes with the intention of eliminating micro-organisms;
“examine in detail” means to examine by making multiple deep incisions into lymph nodes;
“farmed game” means wild land mammals which are reared and slaughtered in captivity, excluding —
mammals of the family Leporidae, or
wild land mammals living within an enclosed territory under conditions of freedom similar to those enjoyed by wild game;
“farmed game handling facility” means any building, premises or place, other than a slaughterhouse, used for the purpose of slaughtering farmed game, the flesh of which is intended for sale for human consumption;
“farmed game meat” means meat obtained from farmed game;
“farmed game processing facility” means premises, other than a slaughterhouse, used for the purpose of dressing farmed game the flesh of which is intended for sale for human consumption;
“final consumer” means a person who buys fresh meat —
for his own consumption;
for direct transport to, and consumption on, premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him; or
for cooking on premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him for sale as take-away food for consumption off those premises;
“fresh”, as applied to meat, means all meat, including chilled or frozen meat, which has not undergone any preserving process and includes meat vacuum wrapped or wrapped in a controlled atmosphere;
“health mark” means a mark applied in accordance with regulation 11 and of a kind and in the manner set out in Schedule 12;
“inspector” means an authorised officer who —
has any qualification specified in Schedule 22; and
is appointed as an inspector in accordance with regulation 8(2);
“lairage” means (except in regulation 17) that part of a slaughterhouse used for the confinement of animals awaiting slaughter there;
“licensed”, in relation to any slaughterhouse, cold store, cutting premises, farmed game handling facility or farmed game processing facility, means licensed by the appropriate Minister under regulation 4;
“livestock unit” means 1 bovine animal or soliped, 3 swine or deer or 7 sheep or goats;
“local authority” means —
as respects each London borough, district or non-metropolitan county, the council of that borough, district or county;
as respects the City of London (including the Temples), the Common Council; and
as respects Scotland, an islands or district council;
“low throughput” —
in relation to a farmed game processing facility means a throughput of not more than 1,800 farmed deer or farmed wild boar carcases each year at a rate not exceeding 36 each week;
in relation to a slaughterhouse means a throughput of not more than 600 livestock units each year at a rate not exceeding 12 each week;
in relation to cutting premises not forming part of a slaughterhouse licensed under regulation 4(2)(a)(i), means a production of not more than 3 tonnes of fresh meat each week;
“manure pit” means a pit which is used to collect or contain dry sheep manure and which is situated beneath a self-cleaning open mesh or grating-type floor in a sheep lairage;
“meat” means all parts of animals which are suitable for human consumption;
“mechanically recovered meat”, which includes mechanically separated meat, means finely comminuted meat obtained by mechanical means from flesh-bearing bones apart from —
the bones of the head;
the extremities of the limbs below the carpal and tarsal joints and, in the case of swine, the coccygeal vertebrae,
and intended for establishments approved in accordance with Article 6 of Council Directive 77/99/ EEC ;
“the Ministers” means the following Ministers acting jointly, namely the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales;
“occupier” means —
in relation to any person, other than a local authority, carrying on the business of a slaughterhouse, cutting premises or a cold store (either together or separately) or a farmed game processing or farmed game handling facility, that person or his duly authorised representative;
in relation to a slaughterhouse, cutting premises, cold store, farmed game processing facility or farmed game handling facility under the management of a local authority or a joint board constituted under the Public Health Act 1936 , that authority or board;
“offal” means fresh meat other than that of the carcase, whether or not naturally connected to the carcase;
“official veterinary surgeon” means a veterinary surgeon designated by the appropriate Minister;
“packaging”, in relation to fresh meat, means placing wrapped fresh meat into a receptacle and “package” shall be construed accordingly;
“premises” means any slaughterhouse, cutting premises, cold store, farmed game handling facility or farmed game processing facility;
“sell” includes offer or expose for sale or have in possession for sale or supply, otherwise than by sale, in the course of a business;
“slaughterhall” means that part of the slaughterhouse in which animals are slaughtered or the bodies or slaughtered animals are dressed;
“slaughterhouse” means any building, premises or place (other than a farmed game handling facility) for slaughtering animals, the flesh of which is intended for sale for human consumption, and includes any place available in connection therewith for the confinement of animals while awaiting slaughter there;
“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 oesophagus;
“wrapping”, in relation to the protection of fresh 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.
Exemption
3
These Regulations shall not apply to premises where fresh meat is —
a
used exclusively for the production for sale of meat products, meat prepara tions, minced meat or mechanically recovered meat; or
b
cut up or stored for sale from those premises to the final consumer; or
c
used exclusively for carcase competitions.
PART II
LICENSING OF SLAUGHTERHOUSES, CUTTING PREMISES, COLD STORES, FARMED GAME HANDLING FACILITIES AND FARMED GAME PROCESSING FACILITIES
Issue of licences
4
1
No person shall, at any time on or after 1st January 1993, use any premises as a slaughterhouse, cutting premises, cold store, farmed game handling facility or a farmed game processing facility unless those premises are currently licensed.
2
Without prejudice to paragraphs (10) and (11) below, the appropriate Minister on an application made to him under this regulation —
a
shall, subject to paragraph (7) below, license the premises to which the application relates as —
i
a slaughterhouse if he is satisfied that the premises comply with the requirements of Schedules 1 and 2 or, as a low throughput slaughterhouse if it was in operation on or before 31st December 1991 and complies with the requirements of Schedule 5, and (in either case) that the method of operation in those premises complies with the requirements of Schedules 7 to 10 and that there is no significant risk either that facilities for inspection under Schedule 10 will be denied or that any fresh meat or blood condemned under that Schedule will be used for human consumption;
ii
cutting premises if he is satisfied that the premises comply with the requirements of Schedules 1 and 3 or, as low throughput cutting premises if they comply with the requirements of Part I of Schedule 5, and (in either case) that the method of operation in those premises complies with the requirements of Part I of Schedule 7 and Schedule 11;
iii
a cold store if he is satisfied that the premises comply with the requirements of Schedules 1 and 4 and that the method of operation in those premises complies with the requirements of Part I of Schedule 7 and Schedule 14 and, as a cold store storing frozen meat if it complies with Schedule 15; and any licence issued in respect of a cold store may be subject to the condition that fresh meat shall be stored only in one or more specified storage chambers or that the cold store shall store only fresh meat which is packaged;
iv
a farmed game handling facility if he is satisfied that the premises and the method of operation in those premises comply with the requirements of Part I of Schedule 6 and paragraphs 3 to 5 of Schedule 8;
v
a farmed game processing facility if he is satisfied that the premises and the method of operation in those premises comply with the requirements of Part II of Schedule 6 or, as a low throughput farmed game processing facility if it was in operation before 31st December 1991 and complies with the requirements of Part III of Schedule 6, and (in either case) that the method of operation in those premises complies with the requirements of Schedules 7, 9 and 10, and that there is no significant risk either that facilities for inspection under Schedule 10 will be denied or that any farmed game meat or blood condemned under that Schedule will be used for human consumption; and
b
shall refuse so to license those premises if he is not so satisfied.
3
Each application for a licence under this regulation shall be made in writing to the appropriate Minister by the owner or occupier of, or a person proposing to occupy, the premises to which the application relates.
4
The appropriate Minister shall notify the local authority in writing of each such application.
5
Where a local authority has been notified under paragraph (4) of this regulation of an application for the licensing of any premises, it must, within 14 days after the receipt of such notification, submit to the appropriate Minister —
a
written notification that it is making arrangements for the appointment of an adequate number of official veterinary surgeons to supervise those premises under regulation 8; and
b
where appropriate, written representations relating to that application, a copy of which it shall send to the applicant.
6
Within 14 days after the receipt of a copy of any representations submitted by the local authority under paragraph (5) above the applicant may submit written observations on those representations to the appropriate Minister.
7
In determining whether or not to license any premises under paragraph (2) above the appropriate Minister shall have regard to —
a
any representations submitted by the local authority under paragraph (5) above; and
b
any observations submitted by the applicant under paragraph (6) above.
8
The appropriate Minister shall notify the applicant and the local authority in writing of his decision on each application for a licence under this regulation and of the reasons for any refusal to license such premises.
9
Any licence granted in respect of any premises under this regulation shall be subject to the condition that, save in accordance with regulations 10, 12 or 16, no significant alteration shall be made to —
a
the premises or the equipment in those premises otherwise than by way of repairs and maintenance; or
b
the method of operation in those premises
without the prior agreement in writing of the appropriate Minister who, in deciding whether or not to give his agreement, shall have regard to any views expressed by the local authority.
10
In granting a licence in respect of any premises under this regulation the appropriate Minister may make that licence subject to conditions in respect of the species of animal which shall be slaughtered or processed there or, in respect of low throughput premises, conditions in respect of the maximum limits of throughput or persons to whom meat from such premises shall be sold or supplied.
11
Where the appropriate Minister has granted any slaughterhouse, cutting premises, farmed game processing facility or cold store a temporary derogation in accordance with Council Directive 91/498/EEC in respect of one or more of the requirements specified in Schedules 1 to 6, those requirements shall not apply to such premises until 1st January 1996 or until any such earlier date as the appropriate Minister may specify.
12
A slaughterhouse or farmed game processing facility first in operation on or after 1st January 1992 shall not be licensed as a low throughput premises unless it has been approved in accordance with the procedure laid down in Article 16 of Council Directive 64/433/EEC as amended and consolidated by Council Directive 91/497/EEC .
13
Any notification under paragraph (8) above shall state the right of appeal to a Meat Hygiene Appeals Tribunal for which provision is made in regulation 6, and the time within which an appeal shall be lodged.
Revocation of licences
5
1
The appropriate Minister may revoke a licence granted by him under regulation 4 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 official veterinary surgeon or veterinary officer and after consultation with the local authority and the occupier —
a
any of the requirements of these Regulations is no longer being complied with; or
b
any of the requirements of these Regulations has not been complied with and no action has been taken to ensure that a similar breach does not occur in future; or
c
any condition attached to the licence in accordance with regulation 4(9) or (10) has not been complied with; or
d
any of the requirements specified in a temporary derogation by the appropriate Minister in accordance with Council Directive 91/498/EEC has not been complied with.
2
The appropriate Minister shall forthwith notify the occupier and the local authority of his decision under paragraph (1) above to revoke any licence granted under these Regulations, in respect of any premises, of the date on which the revocation is to take effect and of the reasons for such revocation.
3
Any notification under paragraph (2) above shall be given in writing.
4
Any notification under paragraph (2) above shall state the right of appeal to a Meat Hygiene Appeals Tribunal for which provision is made in regulation 6, and the time within which an appeal shall be lodged.
Appeals Tribunal
6
1
Where the appropriate Minister has refused to license any premises under regulation 4 or has revoked the licence of any premises under regulation 5 the owner or occupier of, or the person proposing to occupy the premises may, within 28 days of being notified of that decision in accordance with regulation 4(13) or 5(2), appeal to a Meat Hygiene Appeals Tribunal.
2
The provisions of Schedule 21 shall apply in respect of the constitution, appointment of members, remuneration of members and staffing of a Meat Hygiene Appeals Tribunals.
3
Where on an appeal under paragraph (1) above a Meat Hygiene Appeals Tribunal determines that the issue of a licence under regulation 4 should not be refused by the appropriate Minister, or reverses the decision of the appropriate Minister to revoke a licence under regulation 5, the appropriate Minister shall give effect to the determination of the Tribunal.
4
Without prejudice to sections 9 to 12 of the Act, where the appropriate Minister has refused a licence under regulation 4 or revoked the licence of any premises under regulation 5, a person who, immediately before such refusal or revocation had been using them as a slaughterhouse, cutting premises, cold store, farmed game handling facility or farmed game processing facility (as the case may be), 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.
Prohibition on the slaughter at a slaughterhouse or a farmed game handling facility of an animal not intended for human consumption
7
1
Subject to paragraphs (2) and (3) below, no person shall use any slaughterhouse or farmed game handling facility, or cause any such premises so to be used, for the slaughter of any animal not intended for human consumption or the dressing of the carcase of any such animal.
2
Paragraph (1) above shall not apply in respect of the use of a slaughterhouse for the slaughter of an animal not intended for human consumption —
a
where the animal has incurred an injury whilst in transit necessitating its slaughter; or
b
by reason of the provisions of regulation 21 of the Slaughter of Animals (Humane Conditions) Regulations 1990 or regulation 11 of the Slaughter of Animals (Humane Conditions) (Scotland) Regulations 1990 .
3
Paragraph (1) above shall not apply in respect of the use of a slaughterhouse for the slaughter of such an animal referred to in paragraph (2) above if —
a
the animal is slaughtered in a different room or at a different time from any animal intended to be slaughtered for human consumption; and
b
appropriate steps are taken to prevent the contamination of fresh meat in the slaughterhouse.
PART III
SUPERVISION AND CONTROL OF PREMISES
Supervision of premises
8
1
Every local authority shall, in relation to any premises, appoint for each such establishment one or more official veterinary surgeons, in each case to be an officer of that authority authorised to act in relation to the examination and seizure of meat, to provide the health certification of fresh meat in accordance with the provisions of regulation 15 and to be responsible for the following functions in relation to those premises, that is to say —
a
the ante-mortem health inspection of animals in accordance with Schedule 8;
b
the post-mortem health inspection of slaughtered animals in accordance with Schedule 10;
c
where appropriate, the examination of the fresh meat of swine and horses for trichinellosis in accordance with paragraphs 12 and 13 of Part IX of Schedule 10;
d
the health marking of fresh meat in accordance with Schedule 12; and
e
securing the observance of the requirements of Schedules 1, 2, 3, 4, 5, 6, 7, 9, 11, 13, 14, 15 and 17.
2
Every local authority shall, in relation to any premises, appoint such number of other persons to act as inspectors in relation to the functions specified in paragraph (1)(a) to (e) above as are 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 official veterinary surgeon and, in relation to the function specified in paragraph (1)(a) above shall only make an initial check on animals and assist with purely practical tasks.
Designation of official veterinary surgeons
9
1
The appropriate Minister may designate a veterinary surgeon as an authorised officer who is to act in the capacity of an official veterinary surgeon for the purposes of the Regulations.
2
Subject to paragraphs (3) and (4) below, the appropriate Minister may, at any time, revoke or suspend the designation of any person as an official veterinary surgeon if it appears to the appropriate Minister that such person is unfit to perform one or more of the functions of an official veterinary surgeon under these Regulations.
3
Where the appropriate Minister revokes or suspends a designation under paragraph (2) 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 of making representations in writing to the appropriate Minister with regard to the revocation or suspension or of being heard by a person appointed for the purpose by the appropriate Minister.
4
A notice given under paragraph (3) above shall inform the person to whom it is given of his right to make representations in writing, of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made and of his right 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 he may apply for an opportunity to be heard; and, in the event of the designated person making any representations (whether orally or in writing) to the appropriate Minister under this paragraph, the appropriate Minister shall reconsider whether that person is unfit to perform one or more of the functions of an official veterinary surgeon under these Regulations and shall reconsider, as soon as practicable, his decision to revoke or suspend the designation under paragraph (2) above in the light of those representations.
Powers of official veterinary surgeons and veterinary officers
10
1
Where it appears to an official veterinary surgeon that any of the requirements of these Regulations is no longer being complied with in respect of any premises he may, by notice in writing given to the occupier of the premises —
a
prohibit the use of any equipment or any part of the premises specified in the notice; or
b
require the rate of operation to be reduced to such an extent as is specified in the notice.
2
A notice given under paragraph (1) above shall specify the breach of the Regulations that has occurred and the action needed in order to remedy it and it shall be copied to the local authority and the appropriate Minister; and
a
such a notice shall be withdrawn by a further notice in writing given by an official veterinary surgeon to the occupier of the premises as soon as an official veterinary surgeon 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.
3
An official veterinary surgeon or a veterinary officer may subject any animal or any carcase or meat in any 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 official veterinary surgeon, veterinary officer or an inspector may, by notice in writing given to the occupier of any such premises, state that he requires to examine an animal, carcase or meat specified in the notice on the premises and once such notice is received the occupier shall detain any such animal, carcase or meat until such time as he is informed in writing, as soon as practicable, by the official veterinary surgeon or veterinary officer (as the case may be) that the result of any such examination has been obtained.
4
A veterinary officer may at any time give to an official veterinary surgeon such reasonable directions as he may consider necessary so as to ensure that the duties and functions of such a person under the Regulations are being complied with and the official veterinary surgeon shall comply with those directions; where such a direction is given in writing, a copy shall be sent to the appropriate local authority.
5
A person who is aggrieved by a decision of an official veterinary surgeon pursuant to paragraph (1) above may appeal to a magistrates' court or, in Scotland, to the sheriff.
Inspection and health marking
11
1
The local authority shall arrange for —
a
ante-mortem health inspections and post-mortem health inspections to be carried out at every slaughterhouse in accordance with Schedules 8 and 10 respectively; and
b
post-mortem health inspections to be carried out at every farmed game processing facility in accordance with Schedule 10.
2
Where fresh meat has been passed as fit for human consumption following ante-and post-mortem health inspections it shall be marked in accordance with the requirements of Schedule 12 only if it complies with the requirements of these Regulations, and no other meat shall be so marked.
3
No person shall remove, or cause or permit to be removed, from a slaughterhouse or a farmed game processing facility any blood intended for human consumption or any carcase or part of a carcase or any offal until it has been inspected in accordance with these Regulations and, in the case of fresh meat passed as fit for human consumption after inspection, until it has been marked in accordance with paragraph (2) above.
4
The health mark shall be applied by an official veterinary surgeon or by an inspector under the supervision and responsibility of an official veterinary surgeon and the equipment issued by the local authority for applying the health mark shall be used only by such persons; and no other person shall apply the health mark or possess or use the equipment for applying the health mark except that the occupier of any cutting premises or cold store who is acting under the supervision of an official veterinary surgeon may apply the health mark to cuts of meat or affix to meat that is packaged, a label on which the health mark is printed, and the equipment for applying the health mark and any labels on which the health mark is printed shall be kept securely in the room referred to in sub-paragraphs 1(r) of Schedule 2, 1(g) of Schedule 3 and 1(aa) of Part II of Schedule 6 or the facilities referred to in sub-paragraphs 1(o) of Part I of Schedule 5 and 1(y) of Part III of Schedule 6.
5
No person shall use any mark so resembling a health mark used in accordance with Schedule 12 in such a way as to be likely to suggest that the product has been produced in accordance with these Regulations.
Control of times of slaughter, cutting up and admission or despatch of animals or products from premises
12
1
Subject to the provisions of this regulation a local authority may —
a
determine the days on which, and the hours in those days between which —
i
animals may be admitted to, or slaughtered in, any slaughterhouse or farmed game handling facility; and
ii
where this is considered necessary to protect public health
aa
the bodies of farmed game may be admitted to a farmed game processing facility;
bb
fresh meat may be admitted to, or despatched from, any premises;
cc
fresh meat may be cut up in any cutting premises; and
b
vary the days and hours so determined.
2
In determining, or varying, the days or hours referred to in paragraph (1) above a local authority shall have regard to —
a
the need to secure adequate inspection and supervision for the purposes of these Regulations;
b
the need to provide for continuous inspection for the purposes of these Regulations where this is necessary to maintain the flow of production and to avoid disruption of essential trade requirements; and
c
the need to avoid demands on that authority’s resources which are dispropor tionate to the size of the business conducted at the premises in question.
3
Before determining, or varying, the times of operations in any premises under paragraph (1) above the local authority shall consult the occupier of those premises or any other person who operates the premises with the occupier’s consent.
4
The local authority shall give written notice of any determination or variation of the times of operation to the occupier of those premises and to any other person who has been consulted in accordance with paragraph (3) above.
5
Any such determination or variation shall have effect in accordance with paragraph (10) below at the expiration of one month, beginning with the date of the said notice, unless an objection is made under paragraph (6) below before the determination or variation to which it relates has come into effect.
6
A person who has been given notice in accordance with the provisions of paragraph (4) above may make objection to the local authority in writing that in determining or varying the times of operation at any premises the authority have not had proper regard to the factors set out in paragraph (2) above, or that due to a change of circumstance the authority should vary in accordance with those factors the times of operation previously determined or varied by them, whereupon the local authority shall reconsider the determination or variation having regard to those factors.
7
The local authority shall give written notice of any further determination or variation or, where there is none, of their decision to maintain their previous determination or variation to the occupier of the premises concerned, and to any other person who operates the premises with the occupier’s consent.
8
Any such further determination or variation or any such decision shall not have effect in accordance with paragraph (10) below or at all before the expiration of 21 days beginning with the date of the said notice and, where an appeal is made to a magistrates' court or, in Scotland, to the sheriff under paragraph (9) below, before the further determination or variation or decision to which it relates has come into effect, that further determination or variation or decision shall continue not to have effect until the expiration of fourteen days beginning with the date of the dismissal by the magistrates' court or, in Scotland, the sheriff of that appeal.
9
A person who has been given notice in accordance with paragraph (7) above may appeal to a magistrates' court or, in Scotland, to the sheriff on the ground that in determining or varying, or in refusing to vary, the times of operation at any premises, the local authority have not had proper regard to the factors set out in paragraph (2) above.
10
Subject to paragraph (11) below, so long as any notice of determination or variation is in effect, the licence in respect of the slaughterhouse or farmed game handling facility shall be treated as being altered by the addition of the requirements specified in that notice and the other provisions of the licence shall be subject to those requirements.
11
The provisions of paragraph (10) above shall not apply in relation to any animal whose immediate slaughter is necessary by reason of any injury, or other emergency affecting that animal or by reason of the provisions of regulation 21 of the Slaughter of Animals (Humane Conditions) Regulations 1990, or regulation 11 of the Slaughter of Animals (Humane Conditions) (Scotland) Regulations 1990.
Notice of slaughter
13
1
Subject to paragraph (2) below and to other provisions of these Regulations, no person shall slaughter, or cause to be slaughtered, in any slaughterhouse or farmed game handling facility any animal intended for sale for human consumption unless he has not less than 24 hours before the time of slaughter or, in the case of farmed game slaughtered in a farmed game handling facility, not less than 72 hours before the time of slaughter, informed the local authority within whose area the place of slaughter is situated of the day and time on, and of the place at, which the slaughter will take place.
2
Where —
a
it is the regular practice in any slaughterhouse or farmed game handling facility to slaughter animals at fixed times on fixed days and written notice of this practice has been given to and accepted by the local authority this shall, as respects any animal slaughtered in accordance with such practice, be regarded as adequate compliance with the requirement in paragraph (1) above;
b
by reason of injury or by reason of the provisions of regulation 21 of the Slaughter of Animals (Humane Conditions) Regulations 1990 or regulation 11 of the Slaughter of Animals (Humane Conditions) (Scotland) Regulations 1990, it is necessary that an animal should be slaughtered without delay, the provisions of paragraph (1) above shall be deemed to be satisfied if the local authority is informed of the slaughter as soon as reasonably possible, whether before or after the slaughter takes place.
PART IV
CONDITIONS FOR THE MARKETING OF FRESH MEAT
General Conditions
14
1
No person shall, at any time on or after 1st January 1993, sell or offer for sale for human consumption any fresh meat unless —
a
it has been obtained from licensed premises which are supervised in accordance with regulation 8 above;
b
it comes from an animal which has been subjected to an ante-mortem health inspection in accordance with regulation 19 or Schedule 8 or, in the case of the bodies of farmed game coming from a farmed game handling facility, Schedule 20 and paragraphs 3 to 5 of Schedule 8 and following such inspection has been passed as fit for slaughter for human consumption;
c
it has been prepared under hygienic conditions in accordance with the requirements of Schedule 7;
d
it comes from the body of an animal which has been subjected to a post-mortem health inspection in accordance with Schedule 10 and which has shown no evidence of disease or other abnormal condition, except for traumatic lesions incurred shortly before slaughter or localised malformations or pathological changes, and it is established that these do not render unfit for human consumption those parts of the carcase or offal not affected by such lesions, malformations or changes;
e
it has been given a health mark in accordance with the requirements of Schedule 12;
f
it is accompanied during transportation by a commercial document or by a health certificate in accordance with regulation 15 below;
g
it has been stored after the post-mortem health inspection under hygienic conditions in licensed premises;
h
if it is wrapped or packaged, it has been wrapped or packaged under hygienic conditions in accordance with the requirements of Schedule 13;
i
if it is frozen, it has been frozen in accordance with the requirements of Schedule 15;
j
if it has been transported from any licensed premises, it has been transported under hygienic conditions in accordance with the requirements of Schedule 17; and
k
if it is mechanically recovered meat, it has been handled in accordance with Council Directive 77/99/EEC .
2
No person shall sell or offer for sale for human consumption —
a
without prejudice to paragraph 7 of Schedule 12, fresh meat which has been treated with natural or artificial colouring matters;
b
fresh meat which has been treated with ionizing or ultra-violet radiation;
c
fresh meat from male swine used for breeding or cryptorchid or hermaphrodite swine unless such meat has undergone one of the treatments specified in Council Directive 77/99/EEC and such meat bears a special mark in accordance with the requirements of Schedule 12;
d
fresh meat from uncastrated male swine of a carcase weight (excluding the limbs at the carpus and tarsus and the head) exceeding 80 kgs unless —
i
an inspector has tested such meat for pronounced sexual odours and declared it not to have such odours; or
ii
without prejudice to the requirement in Part IX of Schedule 10 for boar meat with pronounced sexual odours to be declared unfit where an inspector has detected such meat to have pronounced sexual odours, such meat has undergone one of the treatments specified in Council Directive 77/99/EEC and such meat bears a special mark in accordance with the requirements of Schedule 12;
e
fresh meat from animals to which tenderisers have been administered.
3
Subject to paragraph (4) below, no person shall consign or sell for consignment to another member State for human consumption —
a
fresh meat obtained from animals slaughtered in accordance with regulation 19(2) below;
b
fresh meat produced, cut up or stored in premises to which the appropriate Minister has granted a temporary derogation while that derogation is in force;
c
fresh meat produced in a low throughput slaughterhouse or in a low throughput farmed game processing facility; or
d
fresh meat cut up in any low throughput cutting premises.
4
Paragraph (3) above shall not apply to meat forming part of travellers' luggage and intended for their personal consumption and meat sent as small packages to private persons.
5
Sub-paragraphs (1) and (2) shall not apply to fresh meat imported from other member States or third countries, save that fresh meat imported from those countries shall be handled in accordance with these Regulations.
6
Sub-paragraphs (1) and (2) above shall not apply to fresh meat which is obtained, cut up or stored prior to 1st January 1993 provided it is handled after that date in accordance with these Regulations and, except in the case of fresh meat obtained, cut up or stored in a premises which was, immediately before 1st January 1993, approved under regulation 4 of the Fresh Meat (Hygiene and Inspection) Regulations 1987, it is not consigned or sold for consignment to another member State.
Transport documentation
15
1
The occupier of premises licensed under these Regulations shall ensure that fresh meat (other than slaughtered farmed game transported from a farmed game handling facility to a slaughterhouse or farmed game processing facility in accordance with sub-paragraph 1(g) of Part I of Schedule 6) shall be accompanied during transportation from the premises by —
a
in the case of fresh meat intended for consignment to another member State and which —
i
is obtained from a slaughterhouse 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 health certificate referred to in Schedule 16;
b
in the case of fresh meat intended for consignment to another member State which is not covered by sub-paragraph (1)(a) above by the health certificate referred to in Schedule 16 until 30th June 1993; and from 1st July 1993, 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 from which the meat is to be transported;
iii
the date of issue of the document and a number enabling it to be identified;
iv
a description of the product transported; and
v
the total quantity despatched;
c
in any other case, from 1st July 1993, by an invoice or delivery note containing the information set out in sub-paragraph (1)(b) above.
2
Any person who receives fresh meat direct from any licensed premises shall keep the invoice or delivery note referred to in sub-paragraph (1)(b) or (c) for a period of at least one year from the date of receipt.
PART V
ADMISSION TO AND DETENTION IN SLAUGHTERHOUSES AND FARMED GAME PROCESSING FACILITIES OF ANIMALS AND CARCASES
Alternative accommodation for dirty or dead animals
16
1
An official veterinary surgeon, or an inspector acting under the supervision of an official veterinary surgeon, may require the accommodation or alternative methods of operation and facilities referred to in sub-paragraphs 1(d) of Schedule 2 and 1(n) of Part II of Schedule 5 to be used for —
a
the slaughtering and dressing of any animal which is brought into a slaughterhouse and which is known to be, or suspected of being, diseased or injured;
b
the dressing of any slaughtered and bled animal which is brought into a slaughterhouse in accordance with regulation 19 below
and so long as any requirement to use alernative accommodation in such circumstances, or to prohibit the entry of a dirty animal in the circumstances set out in paragraph (2) below, is in effect, the licence in respect of the premises shall be treated as being altered by the addition of that requirement and the other provisions of the licence shall be subject to that requirement.
2
An inspector or official veterinary surgeon may require the detention in a lairage, or may prohibit the slaughter of, any animal which in his opinion is so dirty as to be likely to prevent hygienic dressing operations if it is taken into the slaughterhall at that slaughterhouse.
3
In the case of a slaughtered and bled animal which is brought into a slaughterhouse or farmed game processing facility in accordance with regulation 19 or sub-paragraph (1)(g) of Part 1 of Schedule 6, an inspector or official veterinary surgeon may give notice that in his opinion any such animal is so dirty as to be likely to prevent hygienic dressing operations if it is taken into the slaughterhall at that slaughterhouse or the dressing room at that farmed game processing facility, and if such notice is given the occupier of the premises shall not take the animal in.
4
When an animal has been required to be detained in a lairage by an inspector or official veterinary surgeon under paragraph (2) above, the occupier of the slaughterhouse or farmed game handling facility shall, if the inspector or official veterinary surgeon requires, clean the animal and present it to an official veterinary surgeon for an ante-mortem inspection to be carried out in accordance with Schedule 8.
5
No person shall, unless directed by an official veterinary surgeon or a veterinary officer, remove from a slaughterhouse an animal intended for slaughter for human consumption.
Period of time for keeping an animal in a lairage
17
1
Without prejudice to the provisions of the Movement and Sale of Pigs Order 1975 no person shall keep or permit to be kept in any lairage for a period exceeding 72 hours any animal intended for slaughter unless —
a
the official veterinary surgeon gives his consent to such animal being kept in a lairage for a period exceeding 72 hours, which consent shall only be given in exceptional circumstances; and
b
such animal is isolated from all other animals in respect of which no such consent has been given.
2
In this regulation “lairage” means any covered part of a slaughterhouse used for the confinement of animals awaiting slaughter there, but does not include any field, pasture or other open lairage forming part of any slaughterhouse or otherwise.
Conditions on the admission of diseased or injured animals
18
No person shall bring into, or permit to be brought into, a slaughterhouse any animal which he knows or suspects to be diseased or injured unless —
a
he has already ensured that such animal is accompanied by a written declaration signed by the owner or person in charge of the animal containing the information specified in Schedule 18 and that declaration is handed to an inspector or an official veterinary surgeon on its arrival at the slaughterhouse; and
b
on arrival at the slaughterhouse the animal is either —
i
slaughtered without delay; or
ii
taken without delay under the direction of an inspector or the official veterinary surgeon to that part of the lairage provided for the isolation of such animals.
Conditions on the admission of dead or slaughtered animals
19
1
No person shall bring into, or permit to be brought into, or to remain in, a slaughterhouse the body of an animal which has died unless it died in transit to the slaughterhouse and is removed from the slaughterhouse immediately following the carrying out of any necessary examination performed under the Animal Health Act 1981.
2
No person shall bring into, or permit to be brought into, a slaughterhouse the slaughtered body of an animal, unless —
a
it has been bled;
b
the animal has undergone an ante-mortem inspection by a veterinary surgeon in accordance with paragraphs 3 to 5 of Schedule 8;
c
the animal has been slaughtered as a result of an accident or because it is suffering from a serious physiological or functional disorder;
d
the body of the animal has not been dressed;
e
the body of the animal is accompanied to the slaughterhouse by the veterinary certificate referred to in Schedule 19, to be handed on arrival at the slaughterhouse to an inspector or official veterinary surgeon; and
f
the body of the animal is transported to the slaughterhouse in a container or vehicle under hygienic conditions and, if it cannot be delivered to the slaughterhouse within one hour of slaughter, it is transported there in a container or vehicle under hygienic conditions in which the ambient tempera ture is between 0°C and +4°C.
3
Paragraph (2) above shall not apply to the slaughtered and bled body of farmed game which comes from a farmed game handling facility in accordance with Part I of Schedule 6.
PART VI
ADMINISTRATION, PENALTIES AND ENFORCEMENT
Records of inspections
20
Every local authority shall keep in respect of each licensed premises, where appropriate, a record, for the purpose of compliance with the provisions of Council Directive 91/497/EEC , of the results of —
a
ante-mortem health inspections;
b
post-mortem health inspections; and
c
water testing
and the local authority shall supply to the appropriate Minister copies of any such records kept by them as the appropriate Minister may from time to time require; and shall retain any such record for a period of 3 years from the date of the inspection to which it relates.
Duties of occupier
21
1
The occupier of any licensed premises shall —
a
keep a record adequate to show the number of animals received into, and the amounts of fresh meat despatched from, the premises during each week;
b
take all practicable steps to secure compliance by any person employed by him or by any person invited on to the premises, with the provisions of these Regulations;
c
ensure that an official veterinary surgeon, inspector or a 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 he shall carry out checks on the general hygiene of conditions of production in his establishment to ensure —
i
that equipment and, if necessary, fresh meat, comply with the requirements of these Regulations;
ii
that a record in permanent form, which shall be made available to the official veterinary surgeon or inspector upon request, is kept in respect of the matters specified in sub-paragraph (i) above for a period of at least two years;
iii
the proper application of the health mark, as provided for in regulation 11(4) above, including any labels on which the health mark is printed;
iv
that the official veterinary surgeon, inspector or the appropriate Minister is notified immediately when any information at the occupier’s disposal reveals a serious health risk; and
v
in the event of a serious health risk, the withdrawal of fresh meat which has been obtained under or stored in similar conditions (as the case may be) and is likely to present the same risk.
2
The occupier of an approved premises shall arrange or establish a staff training programme to enable staff to comply with hygiene appropriate to the operations on those premises.
Offences and penalties
22
1
If any person contravenes or fails to comply with any provision of these Regulations he shall be guilty of an offence and shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
2
No prosecution for an offence under these Regulations 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
23
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 —
a
section 3 (presumption that food is intended for sale for human consumption);
b
section 20 (offences due to fault of other person);
c
section 21 (defence of due diligence);
d
section 33 (obstruction, etc of officers);
e
section 36 (offences by bodies corporate).
Information to be provided by the local authorities
24
Every local authority shall provide the appropriate Minister with such information relating to the execution of its duties under these Regulations as he may from time to time require.
Enforcement
25
These Regulations, except regulations 4, 5, 6 and 9 shall be executed and enforced by the local authority within its area and regulations 4, 5, 6 and 9 shall be executed and enforced by the appropriate Minister.
Revocations
26
The regulations specified in Schedule 23 are hereby revoked to the extent specified in relation thereto in Column 3 of that Schedule.
Amendments
27
1
After regulation 4 in the Food Hygiene (Docks, Carriers, etc) Regulations 1960 , there shall be inserted the following —
4A
These Regulations shall not apply to premises to which the Fresh Meat (Hygiene and Inspection) Regulations 1992 apply.
2
In the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 for sub-paragraph (b) of the definition of “food business” in regulation 2 there shall be substituted the following —
b
so much of any trade or business as consists of the handling of food at any premises or place, other than a market or stall, to which the General Regulations apply or which is listed in regulation 4 of the Docks and Carriers Regulations or any premises to which the Fresh Meat (Hygiene and Inspection) Regulations 1992 apply;
.
3
In the Food Hygiene (General) Regulations 1970 for sub-paragraph (b) of regulation 3(2) there shall be substituted the following —
b
at any premises or place to which the Food Hygiene (Docks, Carriers, etc) Regulations 1960, or the Fresh Meat (Hygiene and Inspection) Regulations 1992, apply;
.
4
In the Fresh Meat and Poultry Meat (Hygiene, Inspection and Examinations for Residues) (Charges) Regulations 1990 , for the definition of “health inspection and control exercise” in regulation 2(1) there shall be substituted the following —
“health inspection and control exercise” means an inspection or supervisory function carried out by a food authority at any slaughterhouse, cutting premises or cold store under the Fresh Meat (Hygiene and Inspection) Regulations 1992; except in so far as such functions relate to farmed game meat;
.
5
In the Food Premises (Registration) Regulations 1991 , for sub-paragraph (e) of regulation 3(2) there shall be substituted —
e
as premises in respect of which a licence is required under regulation 4(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1992;
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th August 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
Cumberlege
Parliamentary Under Secretary of State for Health
20th August 1992
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
21st August 1992
Wyn Roberts
Minister of State for Wales
21st August 1992


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Social Security Act 1990 (Commencement No. 5) Order 1992.
Appointed day
2
The day appointed for the coming into force of paragraph 2 of Schedule 4 to the Social Security Act 1990 (occupational and personal pension schemes: employer to make good deficiencies on winding up), and section 14 of that Act in so far as it relates to it, shall be 29th June 1992.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
26th June 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Costs in Criminal Cases (General) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
2
In these Regulations a regulation or Part referred to by number means a regulation or Part so numbered in the Costs in Criminal Cases (General) Regulations 1986 .
Amendment of the Costs in Criminal Cases (General) Regulations 1986.
2
After Part III there shall be inserted the following new Part: —
PART IIIA
FEES OF COURT APPOINTEES
13A
Subject to the following provisions of this Part, Part III of these Regulations shall apply, with any necessary modifications, to the determination of the proper fee or costs of a court appointee.
13B
1
For the purposes of this Part of the Regulations: —
a
the reference to “solicitor” in regulation 6(3)(a) and any reference to “applicant” in Part III shall be construed as including a reference to a court appointee;
b
any reference to “costs” in Part III shall be construed as including a reference to the proper fee or costs of a court appointee; and
c
the words after paragraph (b) in regulation 7(1) shall be omitted.
13C
In this Part of the Regulations “court appointee” means a person appointed by the crown court under section 4a of the criminal procedure (insanity) act 1964 to put the case for the defence.
Mackay of Clashfern, C
19th February 1992


text:
Citation
1
This Order may be cited as the Environmental Protection Act 1990 (Commence-ment No. 11) Order 1992.
Provisions coming into force on 14th February 1992
2
The following provisions of the Environmental Protection Act 1990 shall come into force on 14th February 1992 —
sections 45 and 149 to 151, in so far as they enable orders or regulations to be made;
section 143(1), (5) and (6), in so far as they extend to England and Wales.
Provisions coming into force on 1st April 1992
3
The following provisions of the Environmental Protection Act 1990 shall come into force on 1st April 1992 —
section 45(1) and (3) to (12) (in so far as not already in force);
section 45(2), in so far as it extends to Scotland;
sections 46 and 47;
section 48(1) to (6), (8) and (9);
section 52(1), (3) to (7) and (9) to (11);
section 53;
sections 55 and 56;
section 73(1) to (5);
sections 149 to 151 (in so far as not already in force);
section 162(1) in so far as it relates to paragraphs 3 and 19 of Schedule 15;
section 162(2) in so far as it relates to the following repeals in Schedule 16 —
in Part II, the repeals of the following sections —
sections 12, 13 and 14(1) to (5) and (7) to (11) of the Control of Pollution Act 1974 , save in so far as they relate to industrial waste in England and Wales;
section 15 of that Act;
the repeals relating to the Civic Government (Scotland) Act 1982 ;
in Part IX, the repeals relating to the Dogs Act 1906 , the Civic Government (Scotland) Act 1982 and the Local Government Act 1988 ;
section 162(3).
Michael Heseltine
One of Her Majesty’s Principal Secretaries of State
13th February 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Fund-holding Practices) (Amendment) Regulations 1992 and shall come into force on 1st April 1992.
2
In these Regulations, “the Application Regulations ” means the National Health Service (Fund-holding Practices)(Application and Recognition) Regulations 1990 and “the principal Regulations ” means the National Health Service (Fund-holding Practices)(General) Regulations 1991 .
Amendment of regulation 5 of the Application Regulations
2
In regulation 5 of the Application Regulations (grant of recognition as a fund-holding practice), for paragraph (1) there shall be substituted the following paragraph: —
1
A relevant Regional Health Authority shall grant recognition as a fund-holding practice if it is satisfied —
a
that the conditions specified in regulation 6 are fulfilled; and
b
that the practice does not include both —
i
a member who practises in a partnership where the total number of patients on the lists of patients of the medical practitioners in the partnership exceeds 7,000, and
ii
a member who practises in another such partnership.
.
Amendment of regulation 6 of the Application Regulations
3
In regulation 6 of the Application Regulations (conditions for obtaining recognition), in paragraph (a) for “9,000” in both places where the figure occurs, there shall be substituted “7,000”.
Amendment of regulation 8 of the Application Regulations
4
In regulation 8 of the Application Regulations (appeals to the Secretary of State) —
a
in paragraph (8),
i
after sub-paragraph (a) there shall be inserted “and”, and
ii
sub-paragraphs (c) and (d) shall be omitted; and
b
after paragraph (8) there shall be added the following new paragraph: —
9
Where the Secretary of State has determined an appeal in accordance with this regulation, he shall —
a
send to each member of the practice making the appeal and to the relevant Regional Health Authority notice in writing of his decision; and
b
include in the notice a statement of the reasons for his decision.
.
Amendment of regulation 3 of the principal Regulations
5
In regulation 3 of the principal Regulations (conditions for continuing recognition) —
a
in paragraph (2) —
i
in sub-paragraph (j) for “patient of a member of the practice”, there shall be substituted “an individual who is on the list of patients of a member of the practice”,
ii
for sub-paragraph (l) there shall be substituted the following sub-paragraph: —
l
the allotted sum is applied as required by regulations 16 and 17 and is not applied for purposes other than those specified in regulations 16, 17, 19 and 20;
,
iii
after sub-paragraph (m) there shall be inserted the following sub-paragraph: —
n
where the members of a fund-holding practice employ a person or purchase any services, they first satisfy themselves that the employee has such qualifications, training and experience as are necessary for that employment or, as the case may be, that the provider of the services is suitably competent to provide those services.
; and
b
in paragraph (3) —
i
for “In this regulation”, there shall be substituted “For the purposes of this regulation”,
ii
in sub-paragraph (a) after head (v) there shall be inserted the following: —
“or (vi) he provides or has provided any services to that body;”,
iii
for sub-paragraph (b), there shall be substituted the following sub-paragraph: —
b
a member of a fund-holding practice shall be treated as having a particular connection with a person if —
i
he is a close relative of the person,
ii
he is a partner of the person,
iii
he is in the employment of the person, or
iv
he provides or has provided any services to the person;
.
Amendment of regulation 4 of the principal Regulations
6
For regulation 4 of the principal Regulations (additions to existing fund-holding practices), there shall be substituted the following regulation: —
Additions to existing fund-holding practices
4
1
Subject to paragraph (2), where a medical practitioner (whether or not he is a member of another fund-holding practice) wishes to become a member of an existing fund-holding practice —
a
he and the members of the existing fund-holding practice shall apply to the relevant Regional Health Authority for recognition as a fund-holding practice in accordance with the Application Regulations; but
b
regulations 4 and 5(2) of the Application Regulations (time of application and grant of recognition as a fund-holding practice) shall not apply in the case of that application.
2
Paragraph (1) shall not apply to a medical practitioner who becomes a partner of a member of a fund-holding practice as a result of the grant of an application made by the medical practitioner to a Family Health Services Authority under regulation 5 of the National Health Service (General Medical Services) Regulations 1992 (application for inclusion in the medical list or to succeed to a vacancy) .
3
Where a medical practitioner becomes a partner of a member of a fund-holding practice as a result of the grant of an application mentioned in paragraph (2), he shall, on giving notice in writing to that effect to the relevant Regional Health Authority, be a member of that fund-holding practice notwithstanding that he did not join in the making of an application under regulation 3 of the Application Regulations.
.
Amendment of regulation 5 of the principal Regulations
7
In regulation 5 of the principal Regulations (withdrawal of a member of a fund-holding practice), for paragraph (1) there shall be substituted the following paragraph —
1
Where —
a
a member of a fund-holding practice withdraws from the practice; and
b
the conditions specified in regulation 3(2) continue to be fulfilled in relation to the practice, of the practice shall not be affected by the withdrawal.
.
Amendment of regulation 9 of the principal Regulations
8
In regulation 9 of the principal Regulations (consequences of renunciation of recognition), in paragraph (2), for “regulation 4(2)(d), (e), (f), (g), (h) and (l)”, there shall be substituted “regulation 3(2)(d), (e), (f), (g), and (h)”.
Amendment of regulation 14 of the principal Regulations
9
In regulation 14 of the principal Regulations (appeals to the Secretary of State) in paragraph (2), for “Regulation 8(2) to (8) of the Application Regulations”, there shall be substituted “Regulation 8(2) to (9) of the Application Regulations”.
Amendment of regulation 17 of the principal Regulations
10
In regulation 17 of the principal Regulations (payment for goods and services), for paragraph (1) there shall be substituted the following paragraph: —
1
The members of a fund-holding practice shall apply the allotted sum so as to secure the purchase of such of the goods and services, other than general medical services, referred to in paragraph (2) as are necessary for the proper treatment of individuals on the lists of patients of the members of the practice.
.
Amendment of regulation 19 of the principal Regulations
11
In regulation 19 of the principal Regulations (payment of salaries) after paragraph (2), there shall be inserted the following new paragraph: —
3
The members of a fund-holding practice may apply the allotted sum for the purpose of paying fees to persons engaged to provide services which are necessary for the proper treatment of individuals who are on the lists of patients of the members of the practice, provided that such persons are engaged to provide those services at the practice premises.
.
William Waldegrave
One of Her Majesty’s Principal Secretaries of State
10th March 1992


text:
1
These Regulations may be cited as the Limited Partnerships (Unrestricted Size) No. 3 Regulations 1992, and shall come into force on 30th April 1992.
2
So much of the Limited Partnerships Act 1907 as provides that a limited partnership shall not consist of more than twenty persons does not apply to a partnership which is, and is carrying on business as, a member firm of The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited. N. Hamilton Parliamentary Under-Secretary of State,
N. Hamilton
Parliamentary Under-Secretary of State,
Department of Trade and Industry
24th April 1992


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Housing (Preservation of Right to Buy) (Amendment) Regulations 1992 and shall come into force on 17th August 1992.
2
These Regulations shall not apply in a case where a notice under section 122(1) of the Housing Act 1985 as it applies where the right to buy is preserved (tenant’s notice claiming to exercise the right) was served before 17th August 1992.
Amendment
2
Schedule 4 to the Housing Act 1985 (the qualifying period for right to buy and discount), as it applies in the circumstances described in section 171A(1) of that Act (cases in which right to buy is preserved), is amended by substituting —
a
“qualifying person” for “secure tenant” in paragraph 5A(a) ; and
b
“paragraph 7A” for “paragraph 7A and to” in paragraph 7(1) .
3
The Housing (Preservation of Right to Buy) Regulations 1989 , are amended in both paragraph 47 of Part I of Schedule 1 (modification to Schedule 4 to the Housing Act 1985 where the right to buy is preserved) and Schedule 2, where it sets out the provision of paragraph 7(4) of Schedule 4 as it applies where the right to buy is preserved, by —
a
omitting —
“the Countryside Commission for Scotland”,
“the Highlands and Islands Development Board”,
“the Nature Conservancy Council”; and
b
inserting at the appropriate places —
“a National Health Service trust constituted under section 5 of the National Health Service and Community Care Act 1990” ,
“the Countryside Council for Wales”,
“Highlands and Islands Enterprise”,
“the National Rivers Authority”,
“the Nature Conservancy Council for England”,
“Scottish Natural Heritage”.
Michael Howard
Secretary of State for the Environment
15th July 1992
David Hunt
Secretary of State for Wales
15th July 1992


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Cambrian Mountains) Designation (Amendment) Order 1992 and shall come into force on 30th June 1992.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Cambrian Mountains) Designation Order 1986 .
Amendments of the principal Order
3
1
The principal Order shall be amended in accordance with the provisions of paragraphs (2) to (7) of this article.
2
In article 2(1) (interpretation)
a
there shall be inserted immediately after the definition of “hay meadow” the following definition–
“heather” means vegetation consisting of Calluna vulgaris, Erica tetralix or Erica cinerea;
;
b
the definition of “the Schedule” shall be deleted.
3
In article 3 (designation of environmentally sensitive area) for “Plas Crug, Aberystwyth, Dyfed, SY23 1NG” there shall be substituted “Trawsgoed, Aberystwyth, Dyfed, SY23 4HT”.
4
In article 4 (a) and (b) (requirements to be included in agreement) for “the Schedule” there shall be substituted “Schedule 1 to this Order”.
5
In article 5(a) (provision as to breach of the requirements to be included in agreement) the word “civil” shall be omitted.
6
For article 6 (rates of payment under agreement) there shall be substituted the following article–
Rates of payment under agreement
6
1
Subject to paragraphs (2) below, payments made by the Secretary of State under an agreement shall be at the rate of–
a
£30 per annum for each hectare of semi-natural rough grazings to which the agreement relates;
b
£50 per annum for each hectare of hay meadow to which the agreement relates; and
c
£70 per annum for each hectare of broadleaved woodland to which the agreement relates.
2
Where an agreement includes the additional provisions specified in Schedule 2 to this Order, payments made by the Secretary of State shall be at the rate of–
a
£41 per annum for each hectare of semi-natural rough grazings which includes heather and which under the agreement is subject to the additional provisions specified in paragraph 1 of Schedule 2 to this Order;
b
£105 per annum for each hectare of land which is broadleaved woodland and which under the agreement is subject to the additional provisions specified in paragraph 2 of Schedule 2 to this Order.
3
Subject to paragraph (4) below, where an agreement includes one or more of the conservation plan operations specified in Schedule 3 to this Order, 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.
4
The payments under paragraph (3) above shall not exceed a maximum of £4,000 per agreement.
.
7
For the Schedule to the principal Order there shall be substituted the Schedules set out in the Schedule to this Order.
Saving
4
Nothing in article 3 of this Order affects an agreement entered into on or before 29th June 1992.
David Hunt
Secretary of State for Wales
3rd June 1992
We consent,
Gregory Knight
T. E. Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
8th June 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Buckinghamshire National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the South Buckinghamshire 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 South Buckinghamshire National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be–
a
to own and manage hospital accommodation and services provided at Oakengrove, Shrubbery Road, High Wycombe, Bucks HP13 6PS.
b
to manage community health services provided from Oakengrove, Shrubbery Road, High Wycombe, Bucks HP13 6PS and to own the associated premises.
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 1993.
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 Wycombe Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as 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 Wycombe 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 Wycombe Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Council Tax (Discount Disregards) Order 1992 and shall come into force on 31st March 1992.
2
For the purposes of this Order, “ the Act ” means the Local Government Finance Act 1992 and “prescribed educational establishment” means a body specified in Part I or Part II of Schedule 2 to this Order.
Persons in detention
2
1
Under paragraph 1(6) of Schedule 1 to the Act, a person is to be disregarded for the purposes of discount on a particular day if —
a
on the day he is imprisoned, detained or in custody under the Army Act 1955 , the Air Force Act 1955 or the Naval Discipline Act 1957 , and
b
the conditions prescribed in paragraph (2) below are fulfilled.
2
The conditions prescribed for the purposes of paragraph 1(6) of Schedule 1 to the Act are that, where the person is in custody under arrest —
a
he is not in custody under open arrest; and
b
the custody forms part of a continuous period exceeding 48 hours during which he is under arrest.
3
A person is to be treated as in custody under open arrest for the purposes of paragraph (2)(a) if he is so treated for the purposes of Queen’s Regulations for the Navy, Army or Air Force.
The severely mentally impaired
3
1
The condition prescribed for the purposes of paragraph 2(1)(c) of Schedule 1 to the Act is that the person in question is entitled to one of the qualifying benefits listed in paragraph (2) below.
2
The qualifying benefits for the purposes of paragraph (1) are —
a
an invalidity pension under section 33, 40 or 41 of the Social Security Contributions and Benefits Act 1992 ;
b
an attendance allowance under section 64 of that Act;
c
a severe disablement allowance under section 68 of that Act;
d
the care component of a disability living allowance under section 71 of that Act, payable at the highest rate under section 72(4)(a) or at the middle rate under section 72(4)(b) of that Act;
e
an increase in the rate of his disablement pension under section 104 of that Act (increase where constant attendance needed);
f
a disability working allowance under section 129 of that Act for which the qualifying benefit is one falling within subsection (2)(a)(i) or (ii) of that section, or is a corresponding Northern Ireland benefit;
g
an unemployability supplement under Part I of Schedule 7 to that Act;
h
a constant attendance allowance under —
i
article 14 of the Personal Injuries (Civilians) Scheme 1983 ; or
ii
article 14 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (including that provision as applied, whether with or without modifications, by any other instrument);
i
an unemployability allowance under —
i
article 18(1) of the Personal Injuries (Civilians) Scheme 1983 , or
ii
article 18(1) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (including that provision as applied, whether with or without modifications, by any other instrument).
Students, etc.
4
For the purposes of paragraph 4 of Schedule 1 to the Act —
“apprentice” has the meaning given by paragraph 1 of Schedule 1 to this Order;
“student” means a person, other than a student nurse for the purposes of paragraph 4 of Schedule 1 to the Act who is to be regarded as —
a foreign language assistant, by paragraph 2 of Schedule 1 to this Order;
a person undertaking a full time course of education, by paragraphs 3 and 4 of that Schedule; or
a person undertaking a qualifying course of education, by paragraph 5 of that Schedule.
“student nurse” has the meaning given by paragraph 7 of Schedule 1 to this Order;
“youth training trainee” has the meaning given by paragraph 8 of Schedule 1 to this Order.
Prescribed Educational Establishments
5
1
For the purposes of paragraph 5 (2) of Schedule 1 to the Act the information prescribed to be contained in a certificate is —
a
the name and address of the prescribed educational establishment by whom the certificate is issued;
b
the full name of the person to whom it is issued;
c
his date of birth (where this is known to the establishment and where the person falls within paragraph (c) of the definition of student in article (4) above);
d
a statement certifying that he is following or has followed a course of education as a student or, as the case may be, a student nurse;
e
the date when the person became a student at the establishment and the date when his course has come or is expected to come to an end.
2
For the purposes of paragraph 5(4) of Schedule 1 to the Act, the bodies prescribed for the definition of “institution” are those defined as prescribed educational establishments, in the case of students, in Part I of Schedule 2 to this Order, and in the case of student nurses, in Part II of that Schedule.
Patients in homes
6
1
For the purposes of paragraph 7 of Schedule 1 to the Act, “hostel” means —
a
a bail hostel or probation hostel approved under section 49(1) of the Powers of Criminal Courts Act 1973 , or
b
a building or part of a building —
i
which is solely or mainly used for the provision of residential accommoda tion in other than separate and self-contained sets of premises, together with personal care, for persons who require such personal care by reason of old age, disablement, past or present alcohol or drug dependence or past or present mental disorder, and
ii
which is not a residential care home, nursing home or mental nursing home for the purposes of that paragraph.
2
For the definition of residential care home in paragraph 7 of Schedule 1 to the Act, there is substituted the following definition —
“residential care home” means —
an establishment in respect of which registration is required under Part I of the Registered Homes Act 1984 or would be so required but for section 1(4) or (5)( j) of that Act;
a building or part of a building in which residential accommodation is provided under section 21 of the National Assistance Act 1948 ; or
a building or part of a building in which residential accommodation is provided and which is run by the Abbeyfield Society, or a body corporate or unincorporate which is affiliated to that Society
Michael Heseltine
Secretary of State for the Environment
9th March 1992
David Hunt
Secretary of State for Wales
9th March 1992


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Mackerel (Specified Sea Areas) (Prohibition of Fishing) (No. 2) Order 1992 and shall come into force on 1st December 1992.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length” in relation to a boat means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No 2930/86 defining characteristics for fishing vessels ;
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition and exceptions
2
1
Subject to paragraph (2) below, fishing for mackerel ( Scomber scombrus ) —
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits,
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1993.
2
The prohibition in paragraph (1) above shall not apply —
a
to any fishing boat whose length exceeds 10 metres,
b
to any fishing boat which is used wholly for fishing with rod and line or by handline,
c
to fishing within that part of the sea area ICES Statistical Division Vb which lies outside British fishery limits, or
d
to fishing within that part of the sea area ICES Statistical Sub-area II which lies within British fishery limits.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Revocation
4
The Mackerel (Specified Sea Areas) (Prohibition of Fishing) Order 1992 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
John Gummer
Minister of Agriculture, Fisheries and Food
20th November 1992.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
19th November 1992
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
24th November 1992
Arran
Parliamentary Under Secretary of State, Northern Ireland Office
19th November 1992


text:
1
This Order may be cited as the Value Added Tax (Flat-rate Scheme for Farmers) (Percentage Addition) Order 1992, and shall come into force on 1st January 1993.
2
The percentage referred to in section 37B(4) of the Value Added Tax Act 1983 shall be 4 per cent.
Irvine Patnick
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
16th December 1992


text:
1
This Order may be cited as the Public Trustee (Fees) (Amendment) Order 1992 and shall come into force on 1st April 1992.
2
The Public Trustee (Fees) Order 1985 shall be amended in accordance with the following provisions of this Order and in those provisions a Part or article referred to by number means the Part or article so numbered in the said Order of 1985.
3
In article 17(4), for the words from “in respect of the first £20,000” to the words “less than £25:” there shall be substituted the following —
in respect of the first £30,000 1·5 per cent. in respect of any excess over £30,000 up to £150,000 1·25 per cent. in respect of any excess over £150,000 up to £375,000 0·75 per cent. in respect of any excess over £375,000 up to £2,500,000 0·5 per cent. in respect of any excess over £2,500,000 0·2 per cent.
but so that the fee payable shall not be less than £30:
.
4
In the definition of “appropriate valuation date” in article 17(5), —
a
for “1 July 1984” in sub-paragraph (a) there shall be substituted “1st July 1987”; and
b
for “1 July 1987” in sub-paragraph (b) there shall be substituted “30th September 1991”.
5
Part VIII shall be omitted.
Thomas Sackville
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury.
Dated 9th March 1992
I hereby signify my sanction
Mackay of Clashfern, C.
Dated 11th March 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Pensions and Injury Benefit) (Amendment) Regulations 1992 and shall come into force on 1st November 1992, but —
a
regulations 9 and 17(2)(b) shall have effect as from 1st June 1989,
b
regulations 3 to 5, 7, 8, 11 to 16 and 18 shall have effect as from 17th May 1990,
c
regulations 2 and 17(1) shall have effect as from 28th February 1991,
d
regulation 17(2)(a) shall have effect as from 1st July 1992, and
e
regulations 6, 10 and 19 shall have effect as from 1st September 1992.
2
In these Regulations “the Pensions Regulations ” means the Police Pensions Regulations 1987 and “the Injury Benefit Regulations ” means the Police (Injury Benefit) Regulations 1987 .
Policeman’s deferred pension
2
Regulation B5 of the Pensions Regulations is amended by deleting paragraph (5).
Limitation on award to widow living apart from her husband and widow’s requisite benefits pension
3
Regulation C8(1) of the Pensions Regulations is amended by substituting for the word “woman” the word “widow”.
Termination of widow’s award on remarriage
4
Regulation C9(3) of the Pensions Regulations is amended by substituting —
a
for the words “a woman and a man” the words “a widow and a person”; and
b
for the words “she were married to him” the words “the widow were married to that person”.
Child’s special gratuity
5
Regulation D3(1) of the Pensions Regulations is amended by substituting for the words after “satisfied and” the words “he does not leave a widow entitled to a gratuity under regulations C2 and C3.”.
Lump sum death grant
6
The Pensions Regulations are amended by inserting after regulation E3 —
Widows and widowers
Lump sum death grant
E3A
1
On the death of a person while serving as a regular policeman a lump sum death grant becomes payable unless an election under regulation G4 not to pay pension contributions had effect at the time of the death.
2
The grant is payable whether or not any pension or gratuity is payable under Part C.
3
The amount of the grant is twice that of the deceased’s pensionable pay, expressed as an annual rate —
a
at the time of the death, or
b
if he was then absent from duty without pay, immediately before that absence began.
4
The grant is to be paid —
a
to any widow who qualifies for it, or
b
if there is no such widow, to the personal representatives.
5
A widow qualifies for the grant unlesss at the time of the death —
a
the widow and the deceased were separated by an order or decree of a competent court, and
b
the deceased was not required by such an order to contribute, and was not in fact regularly contributing, to the support of the widow or to the widow for the support of a child of the widow's.
.
Gratuity in lieu of widow’s pension
7
Regulation E4(2) of the Pensions Regulations is amended by substituting for the word “woman” the word “widow”.
Increase of widow’s pension or child’s allowance during first 13 weeks
8
Regulation E8(3) of the Pensions Regulations is amended by substituting for sub- paragraphs (a) and (b) the words “did not leave a widow entitled to a pension which was payable for a continuous period of 13 weeks”.
Pensionable pay and average pensionable pay
9
Regulation G1 of the Pensions Regulations is amended —
a
in paragraph (1), by substituting for the words “The pensionable pay” the words “Subject to paragraph (1A), the pensionable pay” and deleting the proviso; and
b
by inserting after paragraph (1) —
1A
For the purposes of paragraph (1), in the case of a person by whom contributions became payable after 31st May 1989 either —
a
for the first time, or
b
following any period in respect of which they were not payable,
except where regulation 4 of the Retirement Benefit Schemes (Tax Relief on Contributions) (Disapplication of Earnings Cap) Regulations 1990 applies his pay shall be taken not to include any excess, in any tax year, over the figure which is the permitted maximum for that year for the purposes of section 594(2) and (3) of the Income and Corporation Taxes Act 1988 (that is to say, the figure specified for the year by an order made by the Treasury under section 590C(6) of that Act).
.
Pension contributions payable by regular policeman
10
Regulation G2(1) of the Pensions Regulations is amended by substituting for the words after “less than” the words “11% of his pensionable pay.”.
Policeman with guaranteed minimum for the purposes of the Social Security Pensions Act 1975
11
Regulation J1 of the Pensions Regulations is amended —
a
in paragraph (4A)(a), and
b
in paragraph (5A),
by inserting after the words “regulation E1(1)(c)” the words “or under Part C”.
Glossary of expressions
12
Schedule A to the Pensions Regulations is amended —
a
by inserting after the definition of “home police force” —
“husband” includes wife;
; and
b
by inserting after the definition of “transfer” —
“widow”, except in regulation J1, includes widower;
“wife” includes husband.
.
Widow’s ordinary pension
13
1
Paragraph 1 of Part I of Schedule C to the Pensions Regulations is amended by inserting after sub-paragraph (2) —
2A
Where a pension becomes payable under regulation C1 to a man —
a
the pension or notional pension referred to in sub-paragraph (1)(a) shall be taken to be that which would be payable if no account were taken of any pensionable service before 17th May 1990, and
b
sub-paragraph (1)(b) has effect with the substitution for “5th April 1978” of “16th May 1990”.
.
2
Paragraph 3 of Part I of Schedule C to the Pensions Regulations is amended by inserting after the words “(flat rate award)” the words “; but a man may make an election under this paragraph only if the amount so determined would not exceed the amount calculated in accordance with paragraph 1”.
Widow’s accrued pension
14
1
Paragraph 1 of Part III of Schedule C to the Pensions Regulations is amended by inserting after sub-paragraph (1) —
1A
Where a pension becomes payable under regulation C4 to a man, the amount of the deceased’s deferred pension shall for the purposes of sub-paragraph (1) be taken to be what it would be if no account were taken of any pensionable service before 17th May 1990.
.
2
Paragraph 3 of Part III of Schedule C to the Pensions Regulations is amended by inserting after sub-paragraph (3) —
4
A man may make an election under this paragraph only if the amount determined in accordance with regulation E10 would not exceed the amount calculated in accordance with paragraph 1 above.
.
Widow’s pension in case of post-retirement marriage
15
Part IV of Schedule C to the Pensions Regulations is amended by inserting after paragraph 3 —
4
Where a pension becomes payable under regulation C5(3) to a man, paragraphs 2(a)(ii) and 3 above have effect with the substitution for “5th April 1978” of “16th May 1990”.
.
Widow’s requisite benefit pension
16
Paragraph 1 of Part V of Schedule C to the Pensions Regulations is amended by inserting after the words “5th April 1978” the words “; but where the pension is payable to a man this paragraph has effect with the substitution for “5th April 1978” of “16th May 1990””.
Special cases
17
1
Part I of Schedule J to the Pensions Regulations (personal awards) is amended by deleting paragraph 8.
2
Part VI of Schedule J to the Pensions Regulations (pensionable pay and contributions etc. ) is amended —
a
in paragraph 4(2) by inserting after the words “of the same rank” the words “and with the same length of service in that rank”; and
b
by inserting after paragraph 4 —
Earnings cap: former members of Royal Ulster Constabulary
5
1
This paragraph applies in the case of a regular policeman by whom contributions were payable under the Royal Ulster Constabulary pensions legislation for a period that included 31st May 1989.
2
For the purposes of regulation G1 (1A) (earnings cap) contributions that were payable as mentioned in sub-paragraph (1) shall be treated as having been payable under regulation G2.
.
Death gratuity
18
Regulation 3(2) of the Injury Benefit Regulations is amended by inserting after sub-paragraph (a)(iii) —
iv
“widow” includes “widower”; and
.
Abatement of certain gratuities
19
Regulation 7(2)(a) of the Injury Benefit Regulations is amended by inserting after the words “or E3” the words “and of any death grant paid under regulation E3A”.
Transitional provision
20
1
Regulations C1 to C4, C5(3), C6, C7 and C8(2) of the Pensions Regulations apply to a widower only where the death occurred after 16th May 1990.
2
Where before 1st November 1992 a widower both —
a
was granted a special pension under regulation E1 of the Pensions Regulations (“the dependant’s pension”), and
b
became entitled by virtue of regulations 1(1) and 12 above to a special award under regulation C2 of the Pensions Regulations (“the special award”),
he shall be treated as not having become entitled to the special award until 1st November 1992 or until the end of the period for which the dependant’s pension was payable, whichever is the earlier.
3
Where before 1st November 1992 —
a
a pension payable to a widower under regulation J1(4A) of the Pensions Regulations (guaranteed minimum) was commuted for a gratuity under regulation J1(6A) (“the gratuity”), and
b
he became entitled by virtue of regulations 1(1) and 12 above to an award under Part C of the Pensions Regulations (“the Part C award”),
the Part C award shall be reduced by the amount of the gratuity.
4
The reduction required by paragraph (3) shall be made —
a
by deduction from any gratuity comprised in the Part C award, and
b
if or to the extent that it cannot be made in that way, by deduction from the arrears of any pension comprised in the Part C award.
5
Where —
a
before 1st November 1992 a transfer value became payable under regulation F9 or F10 of the Pensions Regulations, and
b
its amount would have been greater if rights to awards to a widower arising by virtue of regulations 1(1) and 12 above had been included in the accrued rights (within the meaning of Section 1 of Part IV of Schedule F to the Pensions Regulations),
an additional transfer value of the appropriate amount is payable.
6
The appropriate amount is the difference between the amount of the transfer value as originally calculated and the greater amount mentioned in paragraph (5)(b).
7
Where before 1st November 1992 —
a
a widower became entitled by virtue of regulations 1(1) and 18 above to a gratuity, and
b
a gratuity was paid to a child or dependent relative,
under regulation 5(3) of the Injury Benefits Regulations, the widower shall be treated as not having become entitled to a gratuity.
Elections in respect of protected benefits
21
1
This regulation applies to a person —
a
to whom a protected benefit is being paid or may become payable, and
b
who is placed in a worse position than he would have been in if an amendment made to the Pensions Regulations or to the Injury Benefit Regulations by these Regulations (“the relevant amendment”) had not applied in relation to the protected benefit.
2
A protected benefit is one which is being paid or may become payable by a police authority, under the Pensions Regulations or the Injury Benefit Regulations, to or in respect of a person who, having served as a member of a police force, ceased to serve as one, or died, before 1st November 1992.
3
A person to whom this regulation applies may, by giving written notice to the police authority within 3 months after 1st November 1992, elect that the relevant amendment is not to apply in relation to the protected benefit.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd September 1992
We consent
Tim Wood
Tim Boswell
Two of the Lords Commissioners of Her Majesty’s Treasury
30th September 1992