text:
PART I
TITLE, COMMENCEMENT, INTERPRETATION AND REVOCATION
Title, extent and commencement
1
These Regulations may be cited as the Common Agricultural Policy (Wine) Regulations 1996, shall apply throughout the United Kingdom, and shall come into force on 1st April 1996.
Interpretation and revocation
2
1
In these Regulations, unless the context otherwise requires —
“analysis” has, in relation to England, Wales and Scotland, the same meaning as in section 53(1) of the Food Safety Act 1990 and, in relation to Northern Ireland, the same meaning as in Article 2(2) of the Food Safety (Northern Ireland) Order 1991 ;
“authorised officer” means any person (whether or not an officer of that authority) who is authorised for the purposes of these Regulations by an enforcement authority;
“the Commissioners” means the Commissioners of Customs and Excise;
“Community provision” means any provision of any Regulation of the European Communities which is referred to in Schedule 1, or of the Treaties relating to the accession to the European Communities, respectively, of the Hellenic Republic signed at Athens on 28th May 1979 , of the Kingdom of Spain and the Portuguese Republic signed, respectively, at Madrid and Lisbon on 12th June 1985 , and of the Kingdom of Sweden, the Republic of Austria and the Republic of Finland signed respectively at Stockholm, Vienna and Helsinki on 24th June 1994 , and where any such provision has been adapted by the European Economic Area Agreement, includes the adaptation to it effected thereby;
“controlled wine-sector product” means any wine-sector product the movement of which is for the time being prohibited pursuant to regulation 9;
“county” means in relation to England, a county established by section 1 of the Local Government Act 1972 and in relation to Wales, a new principal area established by section 20 of that Act and which is listed in Part I (counties) of Schedule 4 to that Act;
“county borough” means a new principal area in Wales established by section 20 of the Local Government Act 1972 and which is listed in Part II (county boroughs) of Schedule 4 to that Act;
“enforcement authority” means —
in relation to any part of the United Kingdom, the Commissioners or the Wine Standards Board;
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland or Wales, the Secretary of State;
in relation to Northern Ireland, the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland acting jointly;
in relation to the area of a local authority, the local authority;
“establishment” has the same meaning as in Article 1(3) of Council Regulation ( EEC ) No. 2392/89 , as amended, laying down general rules for the description and presentation of wines and grape musts ;
“the European Economic Area Agreement” has the same meaning as does “the Agreement” in section 6(1) of the European Economic Area Act 1993 ;
“examination” has, in relation to England, Wales and Scotland, the same meaning as in section 28(2) of the Food Safety Act 1990 and, in relation to Northern Ireland, the same meaning as in Article 2(2) of the Food Safety (Northern Ireland) Order 1991;
“food analyst” and “food examiner” respectively have, in relation to England, Wales and Scotland, the same meanings as in section 30(9) of the Food Safety Act 1990 and, in relation to Northern Ireland, the same meanings as in Articles 30(9) and 31(3) of the Food Safety (Northern Ireland) Order 1991;
“local administrative area” has the same meaning as in Article 1(3) of Council Regulation (EEC) No. 2392/89 , as amended, laying down general rules for the description and presentation of wines and grape musts;
“local authority” means —
as respects England and Wales, an authority (other than the council of a non-metropolitan district) which is a food authority for the purposes of the Food Safety Act 1990;
as respects Scotland, an authority which is a food authority for the purposes of the Food Safety Act 1990;
as respects Northern Ireland, a district council;
“manufacturing” means using wine or other wine-sector products, for the purpose of a trade or business (other than a catering business), in the composition, manufacture or preparation of any product;
“the Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food, in relation to Scotland or Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland acting jointly;
“relevant Community provision” means any Community provision referred to in column 1 or column 2 of Schedule 2 to these Regulations, the subject matter of which is described in column 3 thereof;
“retail sale” means any sale to a person buying otherwise than for the purpose of resale but does not include a sale to a caterer in the course of his catering business or to a manufacturer in the course of his manufacturing business;
“the Wine Standards Board” means the Wine Standards Board of The Vintners' Company;
“wine” and “wine-sector product” shall include aromatized wine.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation (EEC) No. 2048/89 laying down general rules on controls in the wine sector and, in relation to aromatized wines, in Council Regulation (EEC) No. 1601/91 , as amended, laying down general rules on the description and presentation of aromatized wines, aromatized wine-based drinks and aromatized wine-product cocktails .
3
In these Regulations any reference to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule so numbered in these Regulations.
4
The Common Agricultural Policy (Wine) Regulations 1995 are hereby revoked.
5
In the application of Part III of these Regulations and Schedules 4 to 6, that Part and those Schedules shall be read in relation to any wine produced from grapes harvested —
a
before 1st September 1993, as if their contents were identical to those of the corresponding Part of, and Schedules to, the Common Agricultural Policy (Wine) Regulations 1993 ;
b
on or after 1st September 1993 and before 1st September 1994, as if their contents were identical to those of the corresponding Part of, and Schedules to, the Common Agricultural Policy (Wine) Regulations 1994 ;
c
on or after 1st September 1994 and before 1st September 1995, as if their contents were identical to those of the corresponding Part of, and Schedules to, the Common Agricultural Policy (Wine) Regulations 1995.
PART II
GENERAL PROVISIONS
Official functions and enforcement
3
1
Subject to the provisions of this regulation, local authorities, the Minister, the Commissioners and the Wine Standards Board are hereby designated as —
a
competent authorities for the purposes of the Community provisions, and
b
agencies for the purpose of the discharge, in relation to the wine sector, of the official functions of agencies (other than intervention agencies) under the Community provisions.
2
For the purposes of Article 4(2) of Council Regulation (EEC) No. 2048/89 laying down general rules on controls in the wine sector, the Minister of Agriculture, Fisheries and Food is hereby designated as the liaison authority for the United Kingdom.
3
Each local authority shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the retail sale of products within its area.
4
The Minister, the Commissioners and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to the importation and exportation of any wine-sector product to or from the United Kingdom.
5
The Minister and the Wine Standards Board shall secure the enforcement and execution of the relevant Community provisions in so far as they relate to any matter not mentioned in paragraphs (3) or (4) above.
6
Nothing in this regulation shall be taken as authorising the Wine Standards Board or the Commissioners or, in relation to Scotland only, the Minister or a local authority to institute proceedings for an offence.
Definition of medium dry
4
For the purposes of Article 14(7)(b) of Commission Regulation (EEC) No. 3201/90 , as amended, laying down detailed rules for the description and presentation of wines and grape musts , wine may be labelled and described as “medium dry” if it has a residual sugar content not exceeding 18 grams per litre where the total acidity content of that wine expressed as grams of tartaric acid per litre is not more than 10 grams per litre below its residual sugar content.
Geographical ascriptions for table wine
5
1
In pursuance of Article 72(2) of Council Regulation (EEC) No. 822/87 , as amended, on the common organization of the market in wine , the use of a geographical ascription for the designation of table wine produced in any part of the United Kingdom is prohibited unless —
a
that table wine is produced wholly from one or more of the varieties of vine specified in Schedule 3, and
b
that table wine is produced exclusively from grapes harvested in the geographical unit the name of which is used for the designation of that table wine.
2
Notwithstanding paragraph (1)(b) above, a geographical ascription may be used to designate a table wine obtained by the coupage of wines as permitted by Article 72(3) of Council Regulation (EEC) No. 822/87 , as amended, on the common organization of the market in wine.
3
In paragraph (1)(b) above “geographical unit” means a precisely demarcated area which —
a
is a part of the United Kingdom; and
b
satisfies the definition of “a geographical unit which is smaller than the Member State” in Article 4(1) of Council Regulation (EEC) No. 2392/89 , as amended, laying down general rules for the description and presentation of wines and grape musts .
4
No geographical ascription other than the name of a geographical unit as specified in this regulation shall be used on the labelling or advertising of a table wine produced in any part of the United Kingdom.
5
Notwithstanding paragraph (4) above, the expression “United Kingdom” may be used on the labelling or advertising of a table wine produced in any part of the United Kingdom, to describe the origin of that wine, in accordance with Article 2 of Council Regulation (EEC) No. 2392/89 , as amended, laying down general rules for the description and presentation of wines and grape musts.
Exemption relating to labelling requirements
6
The relevant Community provisions relating to the information required on labels of the products mentioned in Article 1 of Council Regulation (EEC) No. 2392/89 , as amended, laying down general rules for the description and presentation of wines and grape musts shall not apply to —
a
unlabelled products which are transported between two or more establishments or between vineyards and wine making plants, in either case belonging to the same undertaking and situated in the same local administrative area;
b
unlabelled quantities of grape musts and wines not exceeding 15 litres per batch and not intended for sale;
c
unlabelled quantities of grape musts and wines intended for the domestic consumption of the producer and his employees.
Exemption relating to planting and other prohibitions
7
The provisions of Article 13(1) of Council Regulation (EEC) No. 2389/89 , as amended, relating to the prohibition of the planting, field grafting and double-grafting of vine varieties not listed in the classification referred to in Article 1 of that Regulation shall not apply where the purpose of the planting is one of the purposes set out in the first sub-paragraph of Article 13(2) thereof.
Powers of authorised officers
8
1
An authorised officer may, on producing, if so required, some duly authenticated document showing his authority, at any reasonable time enter any land or vehicle (other than any land or a vehicle used solely as a dwelling), for the purpose of ascertaining whether any offence under these Regulations has been or is being committed or whether any offence under the Common Agricultural Policy (Wine) Regulations 1993, 1994 or 1995 has been committed.
2
An authorised officer who has entered any land or vehicle in accordance with paragraph (1) above may, for the purpose specified in that paragraph or for the purpose of securing evidence of any such offence which he has reason to believe is or may be being, or has been or may have been, committed —
a
inspect any materials or articles found in or on that land or vehicle;
b
subject to paragraph (5) below, examine any register, record or appropriate document —
i
which any person is required to keep under any relevant Community provision, or
ii
which is in the possession or under the control of any person,
and may take copies of any such register, record or document, or of any entry in any such register, record or document and where any such register, record or document is kept by means of a computer, have access to, and inspect the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that register, record or document and require such register, record, document or entry to be produced in a form in which it may be taken away;
c
subject to paragraph (5) below, seize and retain any such register, record, document or entry which he has reason to believe may be required as evidence in proceedings under these Regulations;
d
undertake stock counts of products and of anything which may be used in the preparation of products; and
e
purchase or take samples of any product and of anything which may be used for the preparation of any product.
3
An authorised officer who has procured a sample of any product may analyse or examine that sample or have that sample analysed or examined.
4
An authorised officer entering any land or vehicle by virtue of this regulation may take with him such other persons as he considers necessary.
5
An authorised officer shall not be entitled under paragraph (2)(b) or (c) above to examine, copy, seize or retain any record or document so far as —
a
it is in England or Wales and comprises —
i
an item subject to legal privilege within the meaning of section 10 of the Police and Criminal Evidence Act 1984 ,
ii
excluded material within the meaning of section 11 of that Act, or
iii
special procedure material within the meaning of section 14 of that Act,
b
it is in Scotland and comprises an item subject to legal privilege within the meaning of section 40 of the Criminal Justice (Scotland) Act 1987 ,
c
it is in Northern Ireland and comprises —
i
an item subject to legal privilege within the meaning of article 12 of the Police and Criminal Evidence (Northern Ireland) Order 1989 ,
ii
excluded material within the meaning of article 13 of that Order, or
iii
special procedure material within the meaning of article 16 of that Order.
Control on movement
9
1
Where an authorised officer inspects any wine-sector product he may prohibit its movement if he has reason to believe that an offence has been, is being or is likely to be committed in respect of it by contravention of, or failure to comply with, any relevant Community provision referred to in columns 1 or 2 of Part I, II , III , V or IX of Schedule 2 and that there is or is likely to be a risk to public health in relation to that product or there has been or is likely to be any fraudulent treatment of that product.
2
An officer who exercises the power conferred by paragraph (1) above shall, without delay, give to the person who appears to him to be in charge of the wine-sector product concerned notice in writing —
a
specifying the wine-sector product in relation to which the power has been exercised;
b
stating that the wine-sector product may not be moved without the written consent of an authorised officer;
c
specifying the Community provision in respect of which he has reason to believe that an offence has been, is being or is likely to be committed; and
d
specifying whether he considers that it would be practicable for steps to be taken to persuade him to cease to have reason for that belief and, if so, what those steps should be.
3
Where a notice described in paragraph (2) above is given by an authorised officer of the Wine Standards Board that notice shall also contain information of the recipient’s right, contained in regulation 11, to have the giving of that notice reviewed, and as to how that right may be exercised, and of the effect of exercising that right.
4
If the person to whom the officer gives the notice does not appear to him to be the owner of the wine-sector product concerned or an agent, contractor or employee of the owner, the officer shall use his best endeavours to bring the contents of the notice additionally to the attention of such a person as soon as possible.
5
An authorised officer may affix to any wine-sector product in relation to which the power conferred by paragraph (1) above has been exercised, or to any container in which the wine-sector product is packed, labels warning of the exercise of the power.
6
An authorised officer who is satisfied that the steps specified in the notice under paragraph (2)(d) above have been taken shall thereupon remove the prohibition on movement imposed pursuant to paragraph (1) above.
Consent to movement
10
1
An authorised officer may, at any time, give written consent to the movement of a controlled wine-sector product.
2
An authorised officer shall, upon request, give written consent to the movement of a controlled wine-sector product if he, or another authorised officer, has been given a written undertaking to the effect that —
a
the wine-sector product will be moved to a place approved by an authorised officer; and
b
the wine-sector product will not be moved from that place without the written consent of an authorised officer.
3
A consent given by an authorised officer under this regulation shall —
a
specify the wine-sector product to which it relates; and
b
state that the wine-sector product continues to be controlled.
4
An authorised officer of the Wine Standards Board who has been requested to give a consent under this regulation, and who refuses to do so, shall communicate that refusal in writing together with written notice of the right, contained in regulation 11, to have that refusal reviewed, and explaining how that right may be exercised and the effect of exercising that right.
Review of prohibitions etc. on movement of wine-sector products
11
1
This regulation applies where an authorised officer of the Wine Standards Board —
a
has given to a person who appears to him to be in charge of a wine-sector product a notice under regulation 9(2); or
b
has refused to give consent to the movement of a controlled wine-sector product under regulation 10.
2
A person to whom the notice or refusal has been given may make a written request to the Secretary to the Wine Standards Board for him to review the giving of the notice or refusal.
3
Where a request for the review of a notice or refusal is received by the Secretary to the Wine Standards Board he shall review the notice or refusal and communicate his decision on the review within fourteen days from his receipt of the request.
4
Where a person is dissatisfied with the decision of the Secretary to the Wine Standards Board on a review he may make a written request to the Chairman of the Wine Standards Board for a further review by the Wine Standards Board of the giving of the notice or refusal.
5
On such a request the Wine Standards Board shall, if satisfied that the decision of the authorised officer to give the notice or refuse consent was not justified, cause the notice to be withdrawn or, as the case may be, give consent to the movement of the controlled wine-sector product concerned.
6
The procedure and quorum for a meeting of the Wine Standards Board considering a request under this regulation shall be such as it determines.
Authorised officer acting in good faith
12
1
An authorised officer shall not be personally liable in respect of any act done in the execution or purported execution of these Regulations and within the scope of his employment, if —
a
in relation to an act done by him, he did that act in the honest belief that these Regulations required or empowered him to do it, and
b
in relation to an act of a person accompanying him and acting under his instructions, he honestly believed that these Regulations empowered him to instruct that person to do it.
2
A person accompanying an authorised officer shall not be personally liable in respect of any act done by him in the execution or purported execution of these Regulations, if —
a
he did that act on the instructions of the authorised officer, and
b
he honestly believed that these Regulations empowered the authorised officer to give him those instructions.
3
Nothing in paragraph (1) above shall be construed as relieving an enforcement authority from any liability in respect of the acts of its authorised officers.
4
Where an action has been brought against an authorised officer in respect of an act done by him in the execution or purported execution of these Regulations and the circumstances are such that he is not legally entitled to require the enforcement authority to indemnify him, the authority may, nevertheless, indemnify him against the whole or part of any damages and costs or in Scotland of any damages and expenses which he may have been ordered to pay or which he may have incurred, if that authority is satisfied that he honestly believed the act complained of was within the scope of his employment and that his duty under the Regulations required or entitled him to do it.
Power to require analysis or examination
13
1
Subject to paragraph (3) below, the court before which any proceedings are brought for an offence under these Regulations may, if it thinks fit for the purposes of the proceedings, cause any article which is the subject of the proceedings and, if it has already been analysed or examined, is capable of being further analysed or examined, to be sent to a food analyst or food examiner, who shall make such analysis or examination as is appropriate and transmit to the court a certificate of the result thereof, and the costs of the analysis or examination shall be paid by the prosecutor or the person charged as the court may order.
2
Subject to paragraph (3) below, if in a case in which an appeal is brought no action has been taken under paragraph (1) of this regulation as respects a particular article, the provisions thereof shall apply as respects that article in relation to the court by which the appeal is heard.
3
Paragraphs (1) and (2) above shall not apply to proceedings in Scotland.
4
Any certificate of the results of an analysis or examination, which —
a
in the course of proceedings in England, Wales or Northern Ireland is transmitted by a food analyst or food examiner under this regulation, or
b
in the course of proceedings in Scotland under these Regulations is produced by a party to the proceedings,
shall be signed by that food analyst or food examiner, but the analysis or examination may be made by any person acting under the direction of the person by whom the certificate is signed.
5
In any proceedings under these Regulations, the transmission to the court under this regulation or production by one of the parties —
a
of a document purporting to be a certificate given by a food analyst or food examiner; or
b
of a document supplied to him by the other party as being a copy of such a certificate, shall be sufficient evidence of the facts stated in it unless any party to the proceedings requires that the person by whom the certificate is signed be called as a witness.
PART III
0QUALITY WINES PRODUCED IN SPECIFIED REGIONS
Interpretation of Part III
14
1
In this Part —
“Regulation 823/87” means Council Regulation (EEC) No. 823/87 , as amended, laying down special provisions relating to quality wines produced in specified regions ;
“quality wines psr” has the meaning assigned to it by Article 1(2) of Regulation 823/87;
“specified regions” means, unless the context otherwise requires, English Vineyards and Welsh Vineyards as defined in regulation 15.
2
Other expressions used in this Part have, in so far as the context admits, the same meanings as in Regulation 823/87.
Specified regions
15
1
Subject to paragraph (2) below, the specified regions in the United Kingdom for the purposes of Article 3 of Regulation 823/87 are —
a
English Vineyards, comprising the areas of the counties described in Part I of Schedule 4, and
b
Welsh Vineyards, comprising the areas of the counties or, as the case may be, county boroughs, subject to any alteration of boundaries under Part IV of the Local Government Act 1972 , described in Part II of Schedule 4.
2
There shall be excluded from the areas described in Part I and Part II of Schedule 4 any land situated at an altitude of more than 220 metres above sea level.
Vine varieties
16
For the purposes of Article 4 of Regulation 823/87, the list of vine varieties of the species Vitis vinifera suitable for producing quality wines psr in the specified regions is specified in Schedule 5.
Minimum natural alcoholic strength
17
The minimum natural alcoholic strength for quality wines psr produced in the specified regions shall be 6%.
Authorisation under Article 6(3) of Regulation 823/87
18
Notwithstanding the provisions of the second indent of Article 6(1) of Regulation 823/87, which requires the processing of grapes into must and the processing of that must into wine as well as the production of such wine within the specified region where the grapes used were harvested, a quality wine psr may be produced in an area in immediate proximity to a specified region.
Maximum yield
19
For the purposes of Article 11 of Regulation 823/87, the maximum yield for each hectare of land cultivated with vines for producing quality wines psr in the specified regions shall be 100 hectolitres.
Analytical test
20
For the purposes of Article 13 of Regulation 823/87 —
a
the analytical test to establish whether any wine is eligible for designation as quality wine psr shall comprise a measurement of each of the factors specified in Schedule 6 in relation to that wine; and
b
wine shall be so eligible only where it meets each standard specified in that Schedule.
PART IV
OFFENCES AND PENALTIES
Offences and penalties
21
1
If any person contravenes, or fails to comply with, regulation 5 or any of the relevant Community provisions referred to in column 1 or 2 of Parts I, II, III, V or IX of Schedule 2, he shall be guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
2
If any person —
a
contravenes, or fails to comply with, any of the relevant Community provisions referred to in column 1 or 2 of Parts IV, VI , VII or VIII of Schedule 2, or
b
discloses to any other person any information obtained by him in pursuance of his duties under these Regulations, unless the disclosure is made in, or for the purposes of, the performance by him or any other person of any functions under these Regulations, or in pursuance of a Community obligation,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Movement of a controlled wine-sector product
22
1
Any person who, knowing a wine-sector product to be a controlled wine-sector product —
a
moves it, or
b
causes it to be moved,
without the written consent of an authorised officer shall be guilty of an offence.
2
Any person who, knowing a wine-sector product to be a controlled wine-sector product —
a
removes from it, or
b
causes to be removed from it,
a label which has been affixed under regulation 9(5) shall be guilty of an offence.
3
Any person who fails to comply with an undertaking given by him for the purposes of regulation 10 shall be guilty of an offence.
4
It shall be a defence for a person charged with any offence under this regulation to prove that —
a
when the power conferred by regulation 9(1) was exercised, no offence had been, was being or was likely to be committed in respect of the wine-sector product concerned; and
b
there was a reasonable excuse for the act or omission in respect of which he is charged.
5
A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Obstruction
23
Any person who —
a
intentionally obstructs an authorised officer acting in the execution of these Regulations; or
b
fails to give to any such officer any assistance or information or to provide any facilities which that officer may reasonably require of him for the purposes of his functions under these Regulations,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Offences by officers of bodies corporate
24
1
Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or be attributable to any neglect on the part of, any director, manager, secretary or a similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Defence of due diligence
25
In any proceedings for an offence under regulation 21 or 23(b) it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
6th March 1996
Lindsay
Parliamentary Under Secretary of State, Scottish Office
6th March 1996


type: legislation

jurisdiction: UK

text:
PART I
PRELIMINARY
Citation, commencement and application
1
1
These Regulations may be cited as the Insurance Companies (Reserves) Regulations 1996 and shall come into force on 23rd December 1996.
2
These Regulations shall have effect in respect of any financial year of a company ending on or after 23rd December 1996.
Interpretation
2
1
In these Regulations, unless the context requires otherwise —
“the 1994 Regulations ” means the Insurance Companies Regulations 1994 ;
“the 1996 Regulations ” means the Insurance Companies (Accounts and Statements) Regulations 1996 ;
“ the Act ” means the Insurance Companies Act 1982;
“accounting class” refers to the accounting classes set out in regulation 3(1) (interpretation) of the 1996 Regulations;
“accounted for” means reported pursuant to the 1996 Regulations;
“assessable mutual” means a mutual association —
where the insurance business carried on by the association is limited to the provision of insurance to its members; and
whose articles of association, rules or bye laws provide for the calling of additional contributions from members to meet claims;
“business categories corresponding to an accounting class” means the business categories specified in regulation 10(1) of the 1996 Regulations corresponding to the same general business classes;
“business group” means a group comprising descriptions of general business determined in accordance with regulation 6(1) below;
“business group maximum” has the meaning given in Part III of Schedule 1 to these Regulations;
“claim” means a claim against a company under a contract of insurance;
“claims management costs” refers to those claims management costs required by the shareholder accounts rules (note (4) to the profit and loss account format) to be included in claims incurred other than those which, whether or not incurred through the employment of the company’s own staff, are directly attributable to particular claims;
“company” means an insurance company;
“consequential loss risks” means risks falling within general business class 16 comprising risks of the persons insured sustaining loss attributable to interruptions of the carrying on of business carried on by them or to reduction of the scope of business so carried on;
“contract of insurance” includes a contract of reinsurance;
“credit insurance business” means all insurance business falling within general business class 14 that is not reinsurance business;
“direct business” refers to insurance business other than reinsurance business;
“equalisation reserve” means a reserve to be maintained under section 34A of the Act;
“facultative business” refers to facultative reinsurance business;
“financial year” means a period of account;
“general policy” means a policy evidencing a contract the effecting of which constitutes the carrying on of general business of a relevant description;
“gross premiums earned” in respect of a financial year means such proportion of gross premiums written as is attributable to risks borne by the company during that financial year;
“gross premiums written” means the amounts required by Schedule 9A to the Companies Act 1985 and Schedule 9A to the Companies (Northern Ireland) Order 1986 to be shown in the profit and loss account of an insurance company at general business technical account item I.l.(a);
“the last financial year” means the financial year which last ended before the date on which accounts and statements of the company relating to that financial year are required to be deposited with the Secretary of State pursuant to section 22 of the Act;
“maximum reserve” means the aggregate value of the business group maxima as calculated in accordance with Part III of Schedule 1 to these Regulations;
“net claims incurred” in respect of a financial year means claims arising from incidents occurring during that financial year (including direct claims handling expenses), net of reinsurance and other recoveries but excluding claims management costs;
“net claims paid” in respect of a financial year means claims paid during that financial year (including direct claims handling expenses), net of reinsurance and other recoveries but excluding claims management costs, regardless of whether incidents giving rise to such claims occurred during that financial year or any prior financial year;
“net operating expenses” means the net amount paid in a financial year in respect of commissions, other acquisition expenses, administrative expenses, reinsurers' commissions and profit participations;
“net premiums earned” and “net premiums written” mean, respectively, gross premiums earned, net of reinsurance premiums earned and gross premiums written, net of reinsurance premiums payable under reinsurance ceded;
“nuclear installation” means any installation prescribed by the Nuclear Installations Regulations 1971 ;
“nuclear matter” and “nuclear reactor” have the same meanings as in the Nuclear Installations Act 1965 ;
“nuclear risks” means risks falling within any class of general business and arising in connection with the construction or use of any nuclear reactor or nuclear installation or the carriage of any nuclear matter;
“Part II business” and “Part III business” mean, respectively, business to which Part II and Part III of these Regulations applies;
“Part II company” and “Part III company” mean, respectively, a company to which Part II and Part III of these Regulations applies;
“proportional reinsurance treaty” means a reinsurance treaty under which in return for a proportion of the premium a pre-determined proportion of each claim payment by the cedant under policies subject to the treaty is recoverable from the reinsurer; and “non-proportional reinsurance treaty” shall be construed accordingly;
“reinsurance” and “reinsurer” include retrocession and retrocessionaire respectively;
“reinsurance recoveries” means amounts in respect of claims receivable by a company from a reinsurer under a contract of reinsurance;
“the shareholder accounts rules” means the rules contained in Schedule 9A to the Companies Act 1985 and Schedule 9A to the Companies (Northern Ireland) Order 1986 for the preparation of accounts by insurance companies;
“technical provisions” means the items required by Schedule 9A to the Companies Act 1985 and Schedule 9A to the Companies (Northern Ireland) Order 1986 to be shown in the balance sheet of an insurance company at liabilities items C.1 to 6; and
“unit of account” means the unit of account known as the ECU.
2
For the purposes of these Regulations, business is accounted for on an accident year basis in respect of a financial year if, in the accounts and statements required to be deposited with the Secretary of State pursuant to section 22 of the Act, it is accounted for using Forms 21, 22 and 23 prescribed by the 1996 Regulations, and business is accounted for on an underwriting year basis if it is accounted for using Forms 24 and 25 prescribed by those Regulations.
3
In these Regulations, references to a numbered class of general business are references to the class so numbered in Part I of Schedule 2 to the Act.
Scope
3
1
Part II of these Regulations makes provision for the purposes of section 34A of the Act (general business: equalisation reserve) in relation to business other than credit insurance business; and Part III makes provision for the purposes of that section in relation to credit insurance business.
2
In relation to Part II —
a
any business to which that Part applies is hereby prescribed for the purposes of section 34A(1) as a description of general business; and
b
for the purposes of section 34A(3) (companies to which section 34A does not apply), there is hereby prescribed any company which is an assessable mutual.
3
In relation to Part III —
a
any business to which that Part applies is hereby prescribed for the purposes of section 34A (1) as a description of general business; and
b
for the purposes of section 34A(3) there is hereby prescribed any company other than —
i
a UK company; and
ii
a non-EC company.
PART II
BUSINESS OTHER THAN CREDIT INSURANCE BUSINESS
Application: Part II
4
1
Subject to paragraph (2) below, this Part of these Regulations applies to every company to which Part II of the Act applies —
a
whose head office is in the United Kingdom;
b
whose business in the United Kingdom is restricted to reinsurance; or
c
whose head office is not in a member State.
2
This Part of these Regulations does not apply to any company which is an assessable mutual.
3
This Part of these Regulations applies to general business falling within any of the following sub-paragraphs —
a
business in accounting class 6 and corresponding proportional reinsurance treaty business categories;
b
direct, facultative and proportional reinsurance treaty consequential loss risks;
c
business in accounting classes 3 and 4 and corresponding reinsurance treaty business categories;
d
nuclear risks; and
e
non-proportional reinsurance treaty business categories corresponding to business in accounting class 6 and non-proportional reinsurance treaty consequential loss risks.
4
For the purposes of paragraph (3) above, any business falling within sub-paragraph (d) shall be treated as if it did not fall within sub-paragraph (a), (b), (c) or (e).
Equalisation reserve: Part II
5
1
Subject to paragraph (2) below, a Part II company shall maintain an equalisation reserve in respect of Part II business in accordance with regulations 6 to 10 below.
2
Regulations 6 to 10 below shall not apply —
a
in respect of any Part II business where net premiums written in a financial year of a company in respect of all that business are —
i
less than 1,500,000 units of account; or
ii
less than 4 per cent. of net premiums written in that financial year in respect of all its general business and less than 2,500,000 units of account,
and the company has no equalisation reserve to be brought forward from the previous financial year; and
b
in respect of Part II business carried on outside the United Kingdom by a company whose head office is not in the United Kingdom.
Business groups
6
1
For the purposes of applying this Part of these Regulations, a Part II company shall classify its Part II business into separate business groups comprising —
a
business group A — business falling within sub-paragraph (a) of paragraph (3) of regulation 4 above;
b
business group B — business falling within sub-paragraph (b) of that paragraph;
c
business group C — business falling within sub-paragraph (c) of that paragraph;
d
business group D — business falling within sub-paragraph (d) of that paragraph; and
e
business group E — business falling within sub-paragraph (e) of that paragraph.
2
The company shall further divide its business falling within each business group into business accounted for on an accident year basis and business accounted for on an underwriting year basis.
Transfers to and from the equalisation reserve
7
1
At the end of each financial year, a Part II company shall make transfers to the equalisation reserve and transfers from the equalisation reserve in accordance with paragraphs (2) to (6) below.
2
The company shall calculate —
a
the aggregate value of transfers to be made to the equalisation reserve in accordance with Part I of Schedule 1 to these Regulations; and
b
the aggregate value of transfers to be made from the equalisation reserve in accordance with Part II of Schedule 1 to these Regulations.
3
Subject to paragraph (5) below, if the aggregate value of transfers to be made to the equalisation reserve exceeds the aggregate value of transfers to be made from the equalisation reserve, the company shall transfer an amount equal to the excess to the equalisation reserve.
4
Subject to paragraph (5) below, if the aggregate value of transfers to be made from the equalisation reserve exceeds the aggregate value of transfers to be made to the equalisation reserve, the company shall transfer from the equalisation reserve an amount equal to such excess, or the amount of the equalisation reserve brought forward from the previous financial year (in this regulation referred to as the “previous year’s equalisation reserve”), whichever is the lower.
5
If the value of the previous year’s equalisation reserve together with the aggregate value of transfers to be made to the equalisation reserve, less the aggregate value of transfers to be made from the equalisation reserve, exceeds the maximum reserve calculated in accordance with Part III of Schedule 1 to these Regulations, the company shall transfer such an amount as is necessary to make the equalisation reserve equal to the maximum reserve.
Transfers of business by insurance company
8
1
If a Part II company transfers to another body all its rights and obligations under any general policies (whether by novation or pursuant to a transfer approved by the Secretary of State under Schedule 2C to the Act) , Schedule 1 to these Regulations shall apply to that company at the end of the financial year in which such transfer takes place with the following modifications.
2
For the purposes of calculating amounts to be transferred to the equalisation reserve (pursuant to Part I of Schedule 1 below) and the business group maxima applicable to the company’s business (pursuant to Part III of that Schedule), net premiums written in respect of policies which were the subject of the transfer shall be excluded.
3
If all the company’s rights and obligations under all general policies falling within a business group have been transferred, the business group maximum for that business group shall be zero.
Transfers of business to insurance company
9
1
If a Part II company acquires from another body (the“transferor”) all the transferor’s rights and obligations under any general policies (whether by novation or pursuant to a transfer approved by the Secretary of State under Schedule 2C to the Act), Schedule 1 to these Regulations shall apply to that company at the end of the financial year in which such acquisition takes place with the following modifications.
2
Where consideration payable in respect of the acquisition is accounted for by the company as an adjustment to premiums —
a
for the purposes of calculating amounts to be transferred to the equalisation reserve (pursuant to Part I of Schedule 1 below) and the business group maxima applicable to the company’s business (pursuant to Part III of that Schedule), net premiums earned or net premiums written, as the case may require, shall be adjusted by any amounts in respect of such consideration; and
b
for the purposes of calculating amounts to be transferred from the equalisation reserve (pursuant to Part II of Schedule 1 below), net premiums earned or net premiums written, as the case may require, shall include any amounts in respect of such consideration.
3
Where consideration payable in respect of the acquisition is accounted for by the company as an adjustment to claims —
a
for the purposes of calculating amounts to be transferred from the equalisation reserve (pursuant to Part II of Schedule 1 below), net premiums earned or net premiums written, as the case may require, shall be such amount as would have been calculated had such consideration been accounted for by the company as an adjustment to premiums; and
b
for the purposes of calculating amounts to be transferred from the equalisation reserve (pursuant to Part II of Schedule 1 below), net claims incurred or net claims paid, as the case may require, shall be calculated as if such adjustment had not been made.
4
For the purposes of paragraphs (2) and (3) above, consideration payable in respect of the acquisition shall be apportioned between business groups (and within each business group between business accounted for on an accident year basis and business accounted for on an underwriting year basis) according to the business groups within which the general policies which are the subject of the acquisition fall.
5
For the avoidance of doubt, an adjustment to premiums or claims for the purposes of paragraphs (2) and (3) above may, in either case, be by way of addition or deduction, as appropriate.
6
In any financial year following that of the acquisition, Schedule 1 to these Regulations shall apply with the following modifications.
7
Where any consideration payable in respect of the acquisition was accounted for by the company as an adjustment to premiums, for the purposes of calculating amounts to be transferred from the equalisation reserve pursuant to Part II of Schedule 1 below, net premiums earned shall include an appropriate amount in respect of the consideration for the transfer.
8
Where consideration payable in respect of the acquisition was accounted for by the company as an adjustment to claims, for the purposes of calculating amounts to be transferred from the equalisation reserve pursuant to Part II of Schedule 1 below, net premiums earned shall be taken to be such amount as would have been calculated had the consideration been accounted for by the company as an adjustment to premiums.
Transfers from equalisation reserve where net premiums written fall below specified limits
10
1
This regulation applies to a Part II company where —
a
the company has carried on Part II business for no less than five financial years and net premiums written in respect of all that business in two or more of the four financial years preceding the last financial year are less than the amounts specified in regulation 5 (2)(a)(i) or (ii) above, as the case may be; or
b
the company has carried on Part II business for less than five financial years and the average net premiums written in respect of all that business in those years is less than the amounts specified in regulation 5 (2)(a)(i) or (ii) above, as the case may be; and
c
the company has an equalisation reserve to be brought forward from the financial year preceding the last financial year; and
d
net premiums written in the last financial year in respect of Part II business are less than the amounts specified in regulation 5 (2)(a)(i) or (ii) above, as the case may be.
2
In this regulation “average net premiums written” means the average amount of net premiums written in respect of that business in a financial year and any previous financial years ending on or after 23rd December 1996.
3
For the purposes of sub-paragraph (2) above, if any of the financial years which the company is required to take into account for the calculation of average net premiums written has been extended or shortened, pursuant to section 69 of the Act, the value of net premiums written in that financial year shall be the amount represented by the formula —
NPW × 365 d
where —
NPW means net premiums written in the financial year concerned; and
d means the number of days falling in that financial year.
4
A company to which this regulation applies shall, at the end of the financial year, make a transfer from the equalisation reserve of such an amount as is necessary to reduce the equalisation reserve to zero.
PART III
Application: Part III
11
1
This Part of these Regulations applies to —
a
every UK company which carries on credit insurance business; and
b
every non-EC company which carries on credit insurance business in the United Kingdom.
2
This Part of these Regulations applies to credit insurance business.
3
This Part of these Regulations does not apply —
a
in the case of a UK company, where the net premiums written in any financial year in respect of its credit insurance business are less than 4 per cent. of the total net premiums written by it in that financial year and less than 2,500,000 units of account; or
b
in the case of a non-EC company, where the net premiums written in any financial year in respect of its credit insurance business carried on through a branch in the United Kingdom are less than 4 per cent. of the total net premiums written by it in that financial year in respect of business carried on through that branch and less than 2,500,000 units of account.
Equalisation reserve: Part III
12
A Part III company shall maintain an equalisation reserve in respect of credit insurance business carried on by the company in accordance with Schedule 2 to these Regulations.
PART IV
MISCELLANEOUS AND SUPPLEMENTAL
Consequential amendment
13
For paragraph 50 of Schedule 9A to each of the Companies Act 1985 and the Companies (Northern Ireland) Order 1986 (form and content of accounts of insurance companies and groups) substitute —
Equalisation reserves
50
The amount of any reserve maintained under section 34A of the Insurance Companies Act 1982 shall be determined in accordance with regulations made under that section.
14
Regulations 76 to 78 of, and Schedule 14 to, the 1994 Regulations are hereby revoked.
Anthony Nelson
Minister for Trade,
Department of Trade and Industry
24th March 1996


text:
1
1
These Regulations may be cited as the Income Tax (Payments on Account) Regulations 1996 and shall come into force on 17th July 1996.
2
Regulation 3 shall have effect as respects the year 1996–97 and subsequent years of assessment.
3
Regulation 4 shall have effect as respects the year 1997–98 and subsequent years of assessment.
2
In these Regulations “subsection (1)” means subsection (1) of section 59A of the Taxes Management Act 1970.
3
The prescribed amount for the purposes of paragraph (c) of subsection (1) is the amount of £500.
4
The prescribed proportion for the purposes of paragraph (d) of subsection (1), that is to say, the proportion which the relevant amount as mentioned in paragraph (c) of subsection (1) bears to the assessed amount as mentioned in paragraph (b) of subsection (1), is the proportion of one to four.
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
26th June 1996


text:
Citation and commencement
1
These Regulations may be cited as the Gas Safety (Installation and Use) (Amendment) Regulations 1996 and shall come into force on 1st April 1996.
Amendment of the Gas Safety (Installation and Use) Regulations 1994
2
The Gas Safety (Installation and Use) Regulations 1994 (in these Regulations referred to as “the 1994 Regulations”) shall be amended in accordance with the following provisions of these Regulations.
3
In paragraph (4) of regulation 1 of the 1994 Regulations, in sub-paragraph (a) after “14(2)”there shall be added “, (3) and (3A)” and “and 14(5)(b)” shall be deleted.
4
In paragraph (1) of regulation 2 of the 1994 Regulations —
a
the definition of “emergency control” shall be deleted and the following substituted —
“emergency control” means a valve for shutting off the supply of gas in an emergency, being a valve intended for use by a consumer of gas;
;
b
in the definition of “gas appliance”, the words after “used”, where it appears for the first time, shall be deleted and the following substituted —
but it does not include a portable or mobile appliance supplied with gas from a cylinder, or the cylinder, pipes and other fittings used for supplying gas to that appliance, save that, for the purposes of regulations 3, 35 and 35A of these Regulations, it does include a portable or mobile space heater supplied with gas from a cylinder, and the cylinder, pipes and other fittings used for supplying gas to that heater;
;
c
in the definition of “gas fittings”, after “valves”, there shall be inserted “(other than emergency controls)”;
d
after the definition of “gas storage vessel”, there shall be inserted —
“gas water heater” includes a gas fired central heating boiler;
;
e
in the definition of “installation pipework”, the words “or (e) any part of a primary meter installation;” shall be deleted;
f
the definitions of “primary meter”, “primary meter installation” and “public gas supplier”shall be deleted and the following substituted —
“primary meter” means the meter nearest to and downstream of a service pipe or service pipework for ascertaining the quantity of gas supplied through that pipe or pipework by a supplier;
“re-fillable cylinder” means a cylinder which is filled other than at the place where it is connected for use;
;
g
in the definition of “service pipe”, the words after “distribution main” where it appears for the second time shall be deleted and the following substituted — “and the outlet of the first emergency control downstream from the distribution main;”;
h
the definition of “service valve” shall be deleted and the following substituted —
“service valve” means a valve (other than an emergency control) for controlling a supply of gas, being a valve —
incorporated in a service pipe; and
intended for use by a supplier or transporter of gas; and
not situated inside a building;
.
5
In paragraph (4) of regulation 2 of the 1994 Regulations —
a
in sub-paragraph (b), after “the Factories Act 1961”, there shall be inserted “or any place to which any provisions of the said Act apply by virtue of sections 123 to 126 of that Act”;
b
in sub-paragraph (d), the comma shall be deleted and a semi-colon substituted;
c
after sub-paragraph (d) and before the words “but they shall apply” there shall be inserted the following —
or
e
premises used for the testing of gas fittings; or
f
premises used for the treatment of sewage,
.
6
In paragraph (5) of regulation 2 of the 1994 Regulations —
a
in sub-paragraph (a), after “vehicle” there shall be added the following —
except when such vehicle is —
i
hired out in the course of a business; or
ii
made available to members of the public in the course of a business carried out from that vehicle
;
b
in sub-paragraph (c), the words “is hired out in the course of a business; or” shall be deleted and the following substituted —
is —
i
hired out in the course of a business; or
ii
made available to members of the public in the course of a business carried out from that vessel; or
.
7
After paragraph (5) of regulation 2 of the 1994 Regulations there shall be added the following —
6
Nothing in these Regulations shall apply in relation to —
a
the supply of gas to the propulsion system of any vehicle or to any gas fitting forming part of such propulsion system; or
b
the supply of gas to, or anything done in respect of, a bunsen burner used in an educational establishment.
.
8
In paragraph (3) of regulation 3 of the 1994 Regulations, after “above”, there shall be inserted “and subject to paragraph (3A) below,” and in place of “gas storage vessel”, there shall be substituted “service pipework”.
9
After paragraph (3) of regulation 3 of the 1994 Regulations there shall be added —
3A
The requirements of paragraph (3) above shall not apply in respect of the replacement of —
a
a hose or regulator on a portable or mobile space heater; or
b
a hose connecting a re-fillable cylinder to installation pipework.
.
10
After paragraph (9) of regulation 6 of the 1994 Regulations, there shall be added the following —
10
No person shall store or keep gas consisting wholly or mainly of methane on domestic premises, and for the purpose of this paragraph, such gas from time to time present in pipes or in the fuel tank of any vehicle propelled by gas shall be deemed not to be so stored or kept.
.
11
After paragraph (2) of regulation 8 of the 1994 Regulations, there shall be inserted the following —
3
In relation to any place of work under his control, an employer or a self-employed person shall ensure, so far as is reasonably practicable, that the provisions of paragraphs (1) and (2) above are complied with.
.
12
In paragraph (3) of regulation 9 of the 1994 Regulations, “installation” shall be deleted.
13
In regulation 11 of the 1994 Regulations, in the definition of “secondary meter”, the words“, whether or not there is also a primary meter in respect of the gas supplied” shall be deleted.
14
In paragraph (2) of regulation 14 —
a
after “vessel”, there shall be inserted “(other than a re-fillable cylinder or a cylinder or cartridge designed to be disposed of when empty)”; and
b
sub-paragraphs (a) and (b) shall be deleted and the following substituted —
a
there is a regulator installed which controls the nominal operating pressure of the gas;
b
there is adequate automatic means for preventing the installation pipework and gas fittings downstream of the regulator from being subjected to a pressure different from that for which they were designed; and
c
there is an adequate alternative automatic means for preventing the service pipework from being subjected to a greater pressure than that for which it was designed should the regulator referred to in sub-paragraph (a) above fail.
.
15
Paragraph (3) of regulation 14 of the 1994 Regulations shall be deleted and the following substituted —
3
No person shall cause gas to be supplied through an installation consisting of one or more re-fillable cylinders unless the supply of gas passes through a regulator which controls the nominal operating pressure of the gas.
3A
Without prejudice to paragraph (3) above, no person shall cause gas to be supplied through an installation consisting of four or more re-fillable cylinders connected to an automatic change-over device unless there is an adequate alternative means for preventing the installation pipework and any gas fitting downstream of the regulator from being subjected to a greater pressure than that for which it was designed should the regulator fail.
.
16
In paragraph (5) of regulation 14 of the 1994 Regulations, before the full stop there shall be added the following —
other than a seal applied to a regulator for controlling the pressure of gas to the appliance to which that regulator is fitted
.
17
In paragraph (2) of regulation 18 of the 1994 Regulations, the word “installation”, where it appears for the second time, shall be deleted.
18
In paragraph (9) of regulation 26 of the 1994 Regulations —
a
at (c) —
i
in place of “and” there shall be substituted “or”; and
ii
after “input”, there shall be inserted “or, where necessary, both”;
b
the words “the supplier of gas to the appliance” shall be deleted and the following substituted —
in the case of an appliance supplied with liquefied petroleum gas, the supplier of gas to the appliance, or, in any other case, the transporter
.
19
After paragraph (1) of regulation 34 of the 1994 Regulations, there shall be added the following —
1A
For the purposes of paragraph (1) above, the responsible person means the occupier of the premises, the owner of the premises and any person with authority for the time being to take appropriate action in relation to any gas fitting therein.
.
20
In paragraph (2) of regulation 34 of the 1994 Regulations, the words “the supplier of gas to the appliance” shall be deleted and the following substituted —
in the case of an appliance supplied with liquefied petroleum gas, the supplier of gas to the appliance, or, in any other case, the transporter
.
21
Regulation 35 of the 1994 Regulations shall be deleted and the following substituted —
Maintenance
35
It shall be the duty of every employer or self-employed person to ensure that any gas appliance or installation pipework installed at any place of work under his control is maintained in a safe condition so as to prevent risk of injury to any person.
Duties of Landlords
35A
1
In this regulation —
“landlord” means —
in England and Wales —
where the relevant premises are occupied under a lease, the person for the time being entitled to the reversion expectant on that lease or who, apart from any statutory tenancy, wold be entitled to possession of the premises; and
where the relevant premises are occupied under a licence, the licensor, save that where the licensor is himself a tenant in respect of those premises, it means the person referred to in sub-paragraph (i) above;
in Scotland, the person for the time being entitled to the landlord’s interest under a lease.
“lease” means —
a lease for a term of less than 7 years; and
a tenancy for a periodic term; and
any statutory tenancy arising out of a lease or tenancy referred to in sub-paragraphs (a) or (b) above,
and in determining whether a lease is one which falls within sub-paragraph (a) above —
in England and Wales, any part of the term which falls before the grant shall be left out of account and the lease shall be treated as a lease for a term commencing with the grant;
a lease which is determinable at the option of the lessor before the expiration of 7 years from the commencement of the term shall be treated as a lease for a term of less than 7 years;
a lease (other than a lease to which sub-paragraph (b) above applies) shall not be treated as a lease for a term of less than 7 years if it confers on the lessee an option for renewal for a term which, together with the original term, amounts to 7 years or more; and
a “lease” does not include a mortgage term;
“relevant gas fitting” means —
any gas appliance (other than an appliance which the tenant is entitled to remove from the relevant premises) or any installation pipework installed in any relevant premises; and
any gas appliance or installation pipework which, directly or indirectly, serves the relevant premises and which either —
is installed in any part of premises in which the landlord has an estate or interest; or
is owned by the landlord or is under his control;
“relevant premises” means premises or any part of premises occupied, whether exclusively or not, for residential purposes (such occupation being in consideration of money or money’s worth) under —
a lease; or
a licence;
“statutory tenancy” means —
in England and Wales, a statutory tenancy within the meaning of the Rent Act 1977 and the Rent (Agriculture) Act 1976 ; and
in Scotland, a statutory tenancy within the meaning of the Rent (Scotland) Act 1984 , a statutory assured tenancy within the meaning of the Housing (Scotland) Act 1983 or a secure tenancy within the meaning of the Housing (Scotland) Act 1987 ;
“tenant” means a person who occupies relevant premises being —
in England and Wales —
where the relevant premises are so occupied under a lease, the person for the time being entitled to the term of that lease; and
where the relevant premises are so occupied under a licence, the licensee;
in Scotland, the person for the time being entitled to the tenant’s interest under a lease.
2
Every landlord shall ensure that there is maintained in a safe condition —
a
any relevant gas fitting; and
b
any flue which serves any relevant gas fitting,
so as to prevent the risk of injury to any person in lawful occupation of relevant premises.
3
Without prejudice to the generality of paragraph (2) above, a landlord shall —
a
ensure that each appliance to which that duty extends is checked for safety at intervals of not more than 12 months; and
b
keep a record in respect of the appliances to which that duty extends of the dates of inspection, the defects identified and any remedial action taken.
4
Every landlord shall ensure that any work in relation to a relevant gas fitting or any check of a gas appliance carried out pursuant to paragraphs (2) or (3) above is carried out by, or by an employee of, a member of a class of persons approved for the time being by the Health and Safety Executive for the purposes of regulation 3(3) of these Regulations.
5
The record referred to in paragraph (3)(b) above shall be made available upon request and upon reasonable notice for the inspection of any person in lawful occupation of relevant premises who may be affected by the use or operation of any appliance to which the record relates.
6
A safety check carried out pursuant to paragraph (3)(a) above shall include, but shall not be limited to, an examination of the matters referred to in sub-paragraphs (a) to (d) of regulation 26(9) of these Regulations.
7
Nothing done or agreed to be done by a tenant of relevant premises or by any other person in lawful occupation of them in relation to the maintenance or checking of a relevant gas fitting or flue in the premises shall be taken into account in determining whether a landlord has discharged his obligations under this regulations (except in so far as it relates to access to that gas fitting or flue for the purposes of such maintenance or checking).
.
22
In regulation 37 of the 1994 Regulations, delete “or 35” and insert “, 35 or 35A”.
By order of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
3rd March 1996.


text:
Title and commencement
1
These Regulations may be cited as the Fresh Meat (Beef Controls) (No. 2) Regulations 1996 and shall come into force on 1st September 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“cattle birth record document” means a document which —
a
is issued and authenticated by the Minister of Agriculture, Fisheries and Food or the Secretary of State in respect of a bovine animal for which no national administrative document has been issued; and
b
records the date of birth and the ear-tag number of the bovine animal to which it relates;
“cattle passport” has the meaning given in the Cattle Passports Order 1996 ;
“meat” means any part of an animal that is suitable for human consumption;
“national administrative document” means a document issued in pursuance of article 3 of Commission Regulation ( EEC ) No. 3886/92 laying down detailed rules for the application of the premium schemes provided for in Council Regulation (EEC) No. 805/68 on the common organisation of the market in beef and repealing Regulations (EEC) No. 1244/82 and (EEC) No. 714/89 , as last amended by Commission Regulation ( EC ) No. 1850/95 ; and
“sell” includes possess for sale, and offer, expose or advertise for sale.
2
Any reference in these Regulations to a numbered regulation or Schedule shall, except where the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Prohibition of sale of meat from older bovine animals
3
1
Subject to paragraph (2) of this regulation, no person shall sell for human consumption any meat derived from a bovine animal slaughtered on or after 29th March 1996 in which, at the time of slaughter, there were more than two permanent incisors erupted, unless it can be shown by reference to a national administrative document, cattle birth record document or cattle passport relating to the animal that at the time of slaughter the animal was no more than two years and six months old.
2
Paragraph (1) above shall not apply to meat derived from a bovine animal —
a
which was accompanied, at the time of slaughter, by a slaughter certificate issued under the Beef Assurance Scheme set out in Schedule 1;
b
which was admitted to a slaughterhouse in accordance with regulation 18(2) of the Fresh Meat (Hygiene and Inspection) Regulations 1995 and accompanied by a veterinary certificate issued under the Beef Assurance Scheme, or
c
which was born, reared and slaughtered in any of the countries specified in Schedule 2.
The Beef Assurance Scheme
4
1
A producer may apply to the Minister for the registration of a herd of bovine animals under the Beef Assurance Scheme and, where the herd meets the conditions of eligibility for that scheme set out in Part I of Schedule 1, the Minister shall so register the herd to which the application relates.
2
The Minister shall remove from the register of herds under the Beef Assurance Scheme any herd in respect of which the conditions of continued membership set out in Part II of Schedule 1 are not met.
3
A producer whose herd is registered under the Beef Assurance Scheme shall ensure that —
a
any animal belonging to that herd which is sent for slaughter for sale for human consumption complies with the conditions set out in Part III of Schedule 1 for the issue of a slaughter certificate; and
b
the carcase of any slaughtered animal belonging to that herd which is admitted to a slaughterhouse in accordance with regulation 18(2) of the Fresh Meat (Hygiene and Inspection) Regulations 1995 complies with the conditions set out in Part IV of Schedule 1 for the issue of a veterinary certificate.
Offences and penalties
5
1
If any person contravenes 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 to both.
2
Paragraph (1) does not apply to anything done or omitted by the Minister.
3
No prosecution for an offence under paragraph (1) above shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
Application of various sections of the Act
6
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to the Regulations —
section 2 (extended meaning of “sale” etc. );
section 3 (presumptions that food is intended for sale for human consumption);
section 9 (inspection and seizure of suspected food), with the modification that it shall apply to an enforcement authority as it applies to a food authority and to an authorised officer of an enforcement authority as it applies to an authorised officer of a food authority;
section 33 (obstruction etc. of officers);
section 36 (offences by bodies corporate), with the modification that a reference to a body corporate includes a Scottish partnership and a reference to a director includes a partner in a Scottish partnership; and
section 44 (protection of officers acting in good faith), with the modification that it shall apply to an enforcement authority as it applies to a food authority and to an authorised officer of an enforcement authority as it applies to an authorised officer of a food authority.
Enforcement
7
In premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 these Regulations shall be enforced and executed by the Minister of Agriculture, Fisheries and Food in relation to England and the Secretary of State in relation to Scotland and Wales, and in any other premises, by the food authority in whose area the premises are situated.
Revocation
8
The Fresh Meat (Beef Controls) Regulations 1996 are hereby revoked.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
7th August 1996
Stephen Dorrell
Secretary of State,
Department of Health
6th August 1996
George Kynoch
Parliamentary Under Secretary of State,Scottish Office
6th August 1996
Signed by authority of the Secretary of State for Wales
Jonathan Evans
Parliamentary Under Secretary of State,Welsh Office
7th August 1996


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment) Order 1996 and shall come into force on 10th June 1996.
2
In paragraph 1(i) of article 3B of the Export of Goods (Control) Order 1994 , the words “or those areas of Bosnia-Herzegovina under the control of the Bosnian-Serb forces” are revoked and the word “or” is inserted after the word “Libya”.
3
In Group 3 of Part I of Schedule 1 to the Export of Goods (Control) Order 1994, the words “Serbia, Montenegro,” shall be inserted after “Croatia,”.
A. Mantle
An Official of the
Department of Trade and Industry authorised to act on behalf of the Secretary of State
17th May 1996


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid-Sussex National Health Service Trust (Transfer of Trust Property) Order 1996, and shall come into force on 31st July 1996.
2
In this Order —
“the Authority” means the West Sussex Health Authority established on 1st April 1996 ;
“the old Authority” means the West Sussex Health Authority established on 1st April 1995 and abolished on 1st April 1996 ;
“the Trust” means the Mid-Sussex National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the old Authority and the Trust on 30th November 1995, which schedule has been signed on behalf of both the old Authority and the Trust.
Transfer of trust property
2
On 31st July 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
2nd July 1996


text:
1
This Order may be cited as The A406 London North Circular Trunk Road Popes Lane (B4491) to Western Avenue (A40) Improvement Orders 1988 Revocation Order 1996.
2
The following Orders are hereby revoked —
a
The A406 London North Circular Trunk Road (Popes Lane (B4491) to Western Avenue (A40) Improvement, Trunk Road) Order 1988 , and
b
The A406 London North Circular Trunk Road (Popes Lane (B4491) to Western Avenue (A40) Improvement, Detrunking) Order 1988 .
Signed by authority of the Secretary of State for Transport
D W WARD
Director Road Programme Directorate Southern Operations
27th November 1996


text:
Commencement and citation
1
This Order may be cited as The A13 Trunk Road (Barking and Dagenham) Red Route Traffic Order 1996, and shall come into force on 31st July 1996.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors’ vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
The A13 Trunk Road (Barking and Dagenham) Red Route Experimental Traffic Order 1995 , The Barking (Waiting and Loading Restriction) Order 1995, The Barking and Dagenham (Restriction of Waiting on Bus Stops) No.2 Traffic Order 1980 and The Barking and Dagenham (Waiting and Loading Restriction) (Amendment No. 15) Order 1984 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
TRO 179
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
16th July 1996