text:
Preliminary
Citation, commencement, revocation and consequential amendment
1
1
These Regulations may be cited as the Gas Appliances (Safety) Regulations 1995.
2
These Regulations (except paragraph (3) below) shall come into force on 18th July 1995 and the said paragraph (3) shall come into force on 1st January 1996.
3
To the extent only that they apply to appliances or fittings to which these Regulations apply, the Gas Cooking Appliances (Safety) Regulations 1989 and the Heating Appliances (Fireguards) (Safety) Regulations 1991 are hereby disapplied.
4
The Gas Appliances (Safety) Regulations 1992 are hereby revoked provided that the said Regulations of 1992 shall continue to apply to gas appliances and fittings to which these Regulations do not apply by virtue of paragraph (4) of regulation 4 below.
5
In Schedule 1 to the Provision and Use of Work Equipment Regulations 1992 , for paragraph 33 there shall be substituted, “Council Directive 90/396/ EEC on the approximation of the laws of the member States relating to appliances burning gaseous fuels (O.J. No. L196, 26.7.1990, p. 15) as amended by Article 10 of Council Directive 93/68/EEC (O.J. No. L220, 30.8.1993, p.1).”
Interpretation
2
1
In these Regulations, subject to the provisions of this paragraph and unless the context otherwise requires, —
“the 1974 Act ” means the Health and Safety at Work etc. Act 1974 ;
“the 1987 Act ” means the Consumer Protection Act 1987;
“the 1978 Order ” means the Health and Safety at Work (Northern Ireland) Order 1978
“appliance” means an appliance burning gaseous fuel (that is to say, any fuel which is in a gaseous state at a temperature of 15 degrees Celsius at a pressure of 1 bar) used for cooking, heating, hot water production, refrigeration, lighting or washing and having, where applicable, a normal water temperature not exceeding 105 degrees Celsius and includes forced draught burners and heating bodies to be equipped with such burners but does not include an appliance specifically designed for use in an industrial process carried out on industrial premises;
“appropriate fee” has the meaning assigned to it in regulation 6;
“CE Marking” means the CE conformity marking referred to in regulation 25 consisting of the initials “CE” taking the form of the specimen given in Schedule 2;
“ the Commission ” means the Commission of the European Communities;
“ the Community ” means the European Community and other member States;
“ the Department ” means the Department of Economic Development;
“ the Directive ” means Council Directive 90/396/EEC on the approximation of the laws of member States relating to appliances burning gaseous fuels ; as amended by Council Directive 93/68/EEC ;
“design documentation” means the documentation referred to in Annex IV of the Directive which is set out in Schedule 1;
“documentation of the quality system” shall be construed in accordance with regulation 14(3);
“ EC certificate of conformity” means a certificate of conformity issued under regulation 19, 20 or 21;
“EC declaration of conformity (EC verification)” shall be construed in accordance with regulation 17;
“EC declaration of conformity (EC unit verification)” shall be construed in accordance with regulation 18;
“EC declaration of conformity (guarantee of product or production quality)” shall be construed in accordance with regulation 16;
“EC declaration of conformity to type” shall be construed in accordance with regulation 23;
“EC type-examination certificate” means a certificate issued by a notified body under regulation 10(4) or, as the case may be, issued under a corresponding provision of the law of another member State;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the protocol signed at Brussels on 17th March 1993 ;
“essential requirements” means the requirements in Annex I of the Directive which is set out in Schedule 3;
“ the Executive ” means the Health and Safety Executive;
“fitting” means a safety device, a controlling device or a regulating device, and includes a sub-assembly of an appliance, but does not include a forced draught burner or heating body to be equipped with such a burner which is separately marketed for trade use and is designed to be incorporated into an appliance or assembled to constitute an appliance;
“fitting certificate”, in relation to a fitting, means a certificate to the effect that it conforms with the provisions of the Directive which apply to it;
“member State” shall mean a state which is a contracting party to the EEA Agreement;
“normally used” shall be construed in accordance with regulation 7(2) and “used normally”in Annex I of the Directive (set out in Schedule 3) shall be construed accordingly;
“notified body” —
means a body which is approved by the Secretary of State and whose name and identification number is notified by him to the Commission and to other member States in accordance with regulation 5(1); and
in the expression “a notified body” in regulations 24(3)(b) and 24(1)(a), “all other notified bodies” in regulations 10(6), 12(2)(b), 13(2)(b), 14(6)(b)(ii), 15(2)(b), “another notified body” in regulations 11(2)(b) and 14(1), “any other notified body” in regulations 10(6) and 11(1) and “relevant notified body” in Schedule 2 also means a body which is approved for the purposes of the Directive by another member State and whose name and identification number is notified to the Commission and other member States pursuant to Article 9(1) of the Directive;
“quality system” means a system of which the purpose is to ensure that appliances conform with the type as described in the EC type-examination certificate and satisfy the essential requirements which apply to them;
“safe” has the same meaning as in section 19(1) of the 1987 Act except that the references in that subsection to “risk” shall be construed as including references to any risk of —
injury or impairment to the health or safety of any domestic animal; and
damage to any property;
“supply”, in relation to an appliance or a fitting, —
includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and
except in regulation 4(5) or in relation to an appliance which has previously been put into service by any person, includes its first putting into service in the United Kingdom by the manufacturer or by the importer into the United Kingdom;
and cognate expressions shall be construed accordingly; and
“type” has the meaning assigned to it in paragraph (2)(a) of regulation 10 and “approved type” means approved by a notified body under that regulation or approved under a corresponding provision of the law of another member State.
2
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Essential requirements
3
1
For the purposes of these Regulations —
a
subject to paragraph (2) below, an appliance or a fitting shall be taken to satisfy the essential requirements, —
i
if it satisfies a national standard which implements the relevant harmonised standard; or
ii
where there is no relevant harmonised standard, if it satisfies a national standard of which the text is communicated to the Commission pursuant to Article 5(2) of the Directive and which, prusuant to that provision, is notified by the Commission to the member States as being presumed to conform to the essential requirements; and
b
a quality system shall be taken to satisfy the requirements of these Regulations if it complies with a national standard which implements the relevant harmonised standard.
2
Paragraph (1)(a) above has effect in any case only where —
a
the national standard in question relates to all matters relevant to the essential requirements, and
b
there are no reasonable grounds for suspecting that the appliance or fitting does not satisfy the essential requirements.
3
in paragraph (1) above, “harmonised standard”, —
a
in relation to appliances and fittings, means a technical specification —
i
which is adopted by one or both of the European Committee for Standardisation and the European Committee for Electrotechnical Standardisation upon a remit from the Commission in accordance with Council Directive 83/189/EEC of 28th March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations , as amended, by Council Directive 88/182/EEC and Commission Decision 92/400/ EEC ; and
ii
of which the reference number is published in the Official Journal of the European Communities in pursuance of Article 5(1)(a) of the Directive; and
b
in relation to quality systems, means a technical specification which is adopted by one or both of the European Committee for Standardisation and the European Committee for Electrotechnical Standardisation.
Application of Regulations
4
1
Subject to the following provisions of this regulation, these Regulations do not apply to —
a
any appliance which does not bear the CE Marking; or
b
any fitting in respect of which a fitting certificate has not been issued,
and which in either case, was supplied for the first time in the Community before 1st January 1992;
c
any fitting, whenever manufactured, supplied for incorporation in appliances which appliances —
i
do not bear the CE Marking, and
ii
were supplied for the first time in the Community before 1st January 1996.
2
Before 1st January 1996, —
a
in the case of any appliance or fitting to which the Gas Cooking Appliances (Safety) Regulations 1989 or the Heating Appliances (Fireguards) (Safety) Regulations 1991 apply, these Regulations do not apply if the said Regulations of 1989 or 1991, as the case may require, are complied with; and
b
in the case of any other appliance or fitting, these Regulations do not apply if —
i
the general safety requirement construed in accordance with subsections (2) and (3) of section 10 of the 1987 Act (general safety requirement), or
ii
section 6 of the 1974 Act (or Article 7 of the 1978 Order) (general duties of manufacturers etc as regards articles and substances for use at work),
is complied with.
3
Before 1st January 1996, a person shall not be guilty of an offence arising out of a failure to comply with any provision of these Regulations, —
a
in the case of appliances and fittings within paragraph (2)(a) above, if the failure also constitutes an offence in relation to the said Regulations of 1989 or 1991, as the case may be; and
b
in the case of appliances and fittings within paragraph (2)(b) above, if the failure is also an offence under section 10 (general safety requirement) of the 1987 Act or (being a failure to discharge a duty under the said section 6 of the 1974 Act or Article 7 of the 1978 Order) under section 33(1)(a) of the 1974 Act or of Article 31(1)(a) of the said 1978 Order (offences).
4
Until 1st January 1997, these Regulations do not apply to any gas appliance or fitting which is supplied and which complies with the provisions of the Gas Appliances (Safety) Regulations 1992.
5
These Regulations do not have effect in relation to the supply by any person of an appliance or fitting which —
a
has at any time been put into service by another person, and
b
is supplied by a person who supplies appliances or fittings in the course of any business whether after repairing or reconditioning them or not.
Appointment and functions of notified bodies
5
1
The Secretary of State may approve one or more bodies to perform functions under these Regulations.
2
Any such approval —
a
may be given for an unlimited period or for a specified period; and
b
may be given subject to conditions,
and the Secretary of State may withdraw an approval if the body ceases to satisfy or comply with any such condition.
3
A notified body may —
a
carry out or secure the carrying out of examinations and tests and issue EC type-examination certificates in respect of models of appliances and fittings under regulation 10;
b
carry out or secure the carrying out of examinations and evaluations and approve quality systems under regulation 14;
c
carry out or secure the carrying out of examinations and issue EC certificates of conformity of appliances and fittings under regulations 19 and 21;
d
carry out or secure the carrying out of examinations and issue EC certificates of conformity in respect of batches of appliances and fittings under regulation 20;
e
require an applicant to supply further specimens of the model to which an application under regulation 10 relates; and
f
do such other things as may be required or permitted under these Regulations.
Fees
6
A notified body may require a fee to be paid by the applicant in connection with the performance of functions under regulations 10, 14, 19, 20, 21 and 24 (in those regulations referred to as “the appropriate fee”) and the fee in every case shall not exceed the sum of —
a
the costs of the notified body of and in connection with the functions carried out or to be carried out by it under the Regulations (“the relevant service”); and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and extent of the work done or to be done by the notified body in providing the relevant service, and
ii
the commercial rate normally charged on account of profit for that work or similar work.
Supply of gas appliances and fittings
Appliances and fittings to satisfy the essential requirements and to be safe
7
1
No manufacturer or his authorised representative established in the Community shall supply an appliance or a fitting which does not satisfy the essential requirements.
2
No person shall supply an appliance which, when normally used, is not safe; and, in this paragraph, “normally used” in relation to use means use —
a
when correctly installed and regularly serviced in accordance with the manufacturer’s instructions referred to in paragraph 1(2) of Annex 1 of the Directive (set out in Schedule 3);
b
within the normal variations of gas quality and pressure; and
c
in accordance with its intended purpose or in a way which can reasonably be foreseen.
3
No person shall supply —
a
an appliance to which the CE Marking has not been affixed; or
b
a fitting without a fitting certificate which has been issued,
as required by these Regulations.
Obligation on suppliers of appliances and fittings
8
No manufacturer or his authorised representative established in the Community shall supply an appliance or a fitting in respect of which there is not in force at that time —
a
an EC type-examination certificate and an EC declaration of conformity to type made in accordance with regulation 23; or
b
an EC type-examination certificate and
i
either —
aa
an EC declaration of conformity (guarantee of production or product quality) made in accordance with regulation 16; or
bb
an EC declaration of conformity (EC verification) made in accordance with regulation 17; and
ii
either —
aa
an EC declaration of conformity issued by a notified body under regulation 19 or 20; or
bb
a fitting certificate issued under regulation 25(4); or
c
an EC declaration of conformity (EC unit verification) made in accordance with regulation 18 and an EC certificate of conformity issued by a notified body under regulation 21,
or a corresponding declaration issued by a manufacturer or his authorised representative established in the Community, or a corresponding certificate issued, under the law of another member State.
Application of regulations 7 and 8
9
Regulations 7 and 8 do not apply in any case in which the person placing an appliance or fitting on the market reasonably believes that it will not be put into service in the United Kingdom or in any other member State.
Certification and attestation
EC type-examination
10
1
Where an application to a notified body for EC type-examination is made under these Regulations by the manufacturer or by his authorised representative established in the Community (“the applicant”), the application shall be in writing and shall include —
a
the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and address;
b
a declaration that an application for EC type-examination in respect of the appliance or fitting has not been made to any other notified body; and
c
the design documentation.
2
The applicant shall supply to the notified body —
a
an appliance or fitting which, so far as concerns its characteristics relevant to any type of risk relevant to the essential requirements, is representative of the production envisaged (“the type”); and
b
such further appliances or fittings as the notified body may reasonably require for the purposes of this regulation,
and shall undertake to pay the appropriate fee to the notified body.
3
On an application made to it under paragraph (1) above the notified body shall —
a
examine the design documentation and check that the type has been manufactured in conformity with that documentation; and
b
carry out, or have carried out, examinations and tests to check whether the type satisfies the essential requirements.
4
Where the notified body, after carrying out its duties under paragraph (3) above, is satisfied that the type complies with the essential requirements which apply to it, the notified body shall, on payment of the appropriate fee, issue to the applicant an EC type-examination certificate in respect of that type.
5
An EC type-examination certificate shall identify the type to which it relates and —
a
shall state the conclusions of the EC type-examination carried out by the notified body;
b
shall indicate any conditions to be satisfied for its continued validity;
c
shall be accompanied by the data and descriptions necessary for identification of the approved appliance or fitting; and
d
if relevant to its compliance with the essential requirements, shall be accompanied by a description of its functioning,
and there shall be annexed to the certificate all relevant drawings and diagrams.
6
The notified body shall forthwith inform all other notified bodies of —
a
each EC type-examination certificate issued by it; and
b
particulars of additions and amendments relating to documents already issued,
and, on request made by it, shall send to any other notified body a copy of any EC type-examination certificate that it has issued and, if any other notified body satisfies the notified body that there is good reason why they should be made available to it, copies of the annexes to the certificate and reports on the examinations and tests which the notified body has carried out.
7
Where —
a
an EC type-examination certificate issued under this regulation is in force in respect of an approved type; and
b
the manufacturer or his authorised representative established in the Community proposes to make modifications or additions to the approved type which affect its conformity with the essential requirements or with the prescribed conditions for use of the appliance,
the manufacturer or such representative (instead of making an application under paragraph (1) above) may make an application in writing to the notified body which issued the certificate for approval of modifications or additions to the approved type; and the foregoing provisions of this regulation shall have effect in relation to such an application as they have effect in relation to an application for an EC type-examination.
Application to be made to a single notified body
11
1
No person shall make an application for EC type-examination under regulation 10 in respect of a type at any time when there is pending in respect of that type an application for EC type-examination made by any person to any other notified body.
2
Where —
a
an application for EC type-examination is made to a notified body under regulation 10 in respect of a type; and
b
to the knowledge of the notified body, an application to another notified body for an EC type-examination certificate in respect of that type is pending,
the notified body shall not consider, or shall not further consider, the application until the other application has been determined or withdrawn.
Refusal of EC type-examination certificate
12
1
If a notified body is minded to refuse to issue an EC type-examination certificate under regulation 10, it shall give the applicant the opportunity, within a reasonable period, of making representations as to why it should not be refused.
2
Where the notified body, after considering any representations made in accordance with paragraph (1) above, refuises to issue an EC type-examination certificate or to extend its period of validity, it shall in writing —
a
inform the applicant and the Secretary of State of its decision and the grounds for its decision; and
b
inform all other notified bodies of the decision.
Withdrawal of EC type-examination certificate
13
1
If it appears to a notified body —
a
that —
i
there has been a breach of any condition subject to which the body issued an EC type-examination certificate, and
ii
the person to whomit was issued is unable or unwilling to effect a sufficient remedy; or
b
that appliances or fittings which conform with the type in respect of which an EC type-examination certificate has been issued do not satisfy the essential requirements,
the notified body may withdraw the certificate after giving the person to whom it was issued the opportunity of making representations within a reasonable period as to why it should not be withdrawn.
2
Where a notified body, having considered any representations made under paragraph (1) above, withdraws an EC type-examination certificate, it shall, in writing, —
a
inform the person to whom it was issued and the Secretary of State of the withdrawal of the certificate and of its reasons for the withdrawal; and
b
inform all other notified bodies of its withdrawal.
Quality system approval
14
1
Where an application for approval of —
a
a quality system relating to production quality; or
b
a quality system relating to product quality,
is made to a notified body (whether the relevant EC type-examination certificate was issued by it or by another notified body), the application shall be made in writing and shall be accompanied by an undertaking by the manufacturer —
i
to carry out the obligations arising from the approved quality system;
ii
to maintain the approved quality system to ensure its continuing suitability and effectiveness; and
iii
to pay the appropriate fee,
and such systems shall be designed to secure that appliances and fittings comply with the essential requirements which apply to them.
2
The manufacturer shall make available to the notified body —
a
a copy of the EC type-examination certificate;
b
all relevant information including in particular the documentation of the quality system; and
c
the design documentation of the appliances or fittings.
3
The documentation of the quality system shall be systematic and shall permit a clear interpretation to be made of the manufacturer’s quality programme, plans, manuals and records and shall include, in particular, descriptions of —
a
the manufacturer’s quality objectives relating to production of the appliances or fittings;
b
the manufacturer’s management structures and the responsibilities of managers within that structure which are relevant to the quality of production;
c
in the case of an application under paragraph (1)(a) above, —
i
the manufacturing process, quality control and quality assurance techniques and systems employed in production of the appliances or fittings, and
ii
the nature and frequency of examinations and tests carried out before, during and after the manufacture of appliances or fittings;
d
in the case of an application under paragraph (1)(b) above, the nature of examinations and tests carried out after the manufacture of each appliance or fitting;
e
the method employed to monitor attainment of the quality objectives referred to in subparagraph (a) above; and
f
the method employed to monitor the effectiveness of the examinations and tests referred to in subparagraph (d) above.
4
On an application made to it under paragraph (1) above the notified body shall take all necessary steps to examine and evaluate the quality system.
5
a
if the notified body is minded to refuse to approve the quality system, it shall give the applicant the opportunity, within a reasonable period, of making representations as to why it should not be refused.
b
Where the notified body, after considering any representations made to it in accordance with paragraph (a) above, refuses to approve a quality system, it shall in writing —
i
inform the Secretary of State of its decision and the grounds for its decision; and
ii
inform all other notified bodies of the decision.
6
The notified body shall, in writing, —
a
inform the manufacturer of —
i
the results of the examination, and
ii
the reasons for the decision;
b
if it is satis|fi|ed that the quality system satis|fi|es the relevant provisions of Annex II of the Directive, on payment of the appropriate fee, —
i
notify the applicant of its approval of the quality system; and
ii
inform all other notified bodies of its decision.
7
Where —
a
an approval of a quality system under this regulation is in force; and
b
the manufacturer proposes to make modifications or additions to the approved quality system,
the manufacturer (instead of making an application under paragraph (1) above) may make an application in writing to the notified body which gave the approval for approval of modifications or additions to the quality system; and the foregoing provisions of this regulation shall have effect in relation to such an application as they have effect in relation to an application for approval of a quality system.
Withdrawal of quality system approval
15
1
If it appears to a notified body which approved a quality system under regulation 14 that the person to whom it was issued —
a
has failed to implement the approved system; and
b
is unable or unwilling to effect a sufficient remedy,
the notified body may withdraw the approval after giving the person to whom it was issued the opportunity of making representations within a reasonable period as to why it should not be withdrawn.
2
Where the notified body, having considered any representations made under paragraph (1) above, withdraws a quality system approval, it shall, in writing, —
a
inform the person to whom it was issued and the Secretary of State of the withdrawal of the approval and of its reasons for the withdrawal; and
b
inform all other notified bodies of its withdrawal.
EC declaration of conformity (guarantee of product or production quality)
16
Where a manufacturer has implemented a quality system which has been approved under regulation 14 or under a corresponding provision of the law of another member State and the manufacturer or his authorised representative established in the Community is satisfied that an appliance or a fitting has been manufactured in conformity with an approved type,
a
in the case of an appliance,
i
he may issue and if he does so shall retain a declaration that the appliance conforms with the relevant EC type-examination certificate and satisfies the relevant essential requirements (an “EC declaration of conformity (guarantee of product or production quality)”), and
ii
if he does so, shall affix the CE Marking in accordance with regulation 25; and
b
in the case of a fitting, shall supply a fitting certificate.
EC declaration of conformity (EC verification)
17
1
Where an EC type-examination certificate has been issued in respect of a type and the manufacturer or his authorised representative established in the Community is satisfied that an appliance or fitting has been manufactured in accordance with an approved type and that the requirements of the Directive that apply to it are satisfied in relation to an appliance or fitting, —
a
in the case of an appliance,
i
he may issue an EC declaration of conformity to type (EC verification), and
ii
if he does so, shall affix the CE Marking in accordance with regulation 25;
b
in the case of a fitting, shall supply a fitting certificate,
but subject to regulation 19 or 20.
2
An EC declaration of conformity to type (EC verification) may relate to more than one appliance and shall be retained by the manufacturer, or as the case may be his authorised representative established in the Community.
EC declaration of conformity (EC unit verification)
18
1
Where a manufacturer of an appliance or his authorised representative established in the Community is satisfied that the requirements of the Directive that apply to it are satisfied in relation to the appliance he may issue and if he does so shall retain an EC declaration of conformity (EC unit verification).
2
If the manufacturer or his authorised representative established in the Community issues an EC declaration of conformity to type (EC Unit verification), he shall affix the CE Marking in accordance with regulation 25 but subject to regulation 21.
EC verification (individual appliances and fittings)
19
1
Where a manufacturer or his authorised representative established in the Community submits an appliance or fitting to a notified body for verification under this regulation together with an undertaking to pay the appropriate fee, the notified body shall examine the appliance or fitting and carry out tests to establish whether it satisfies the provisions of these Regulations which apply to it and in the case of an appliance, it conforms with the relevant EC type-examination certificate.
2
If having carried out the examination, the notified body is satisfied that an EC certificate of conformity should be issued, it shall, on payment of the appropriate fee, issue an EC certificate of conformity (which may relate to one or more appliance or fitting and shall be retained by the manufacturer or his authorised agent established in the Community) and in the case of an appliance shall affix or cause to be affixed its identification number on each appliance.
EC verification by batch (statistical method)
20
1
Where a manufacturer or his authorised representative established in the Community submits a batch of appliances or fittings to a notified body for verification under this regulation together with an undertaking to pay the appropriate fee, the approved body shall carry out an examination and tests of appliances or fittings in the batch in accordance with paragraph (2) below to establish whether items in the batch —
a
conform with the relevant EC type-examination certificate; and
b
in the case of an appliance satisfy the provisions of these Regulations which apply to it.
2
The notified body shall examine and carry out tests on appliances or fittings in the batch by reference to a sampling plan designed to ensure —
a
a standard quality level corresponding to a 95% probability of acceptance with a range of non-conformity between 0.5% and 1.5%; and
b
a limit quality corresponding to a 5% probability of acceptance with a percentage of non-conformity between 5% and 10%.
3
If, having carried out the examination, the notified body is satisfied that an EC certificate of conformity should be issued it shall, on payment of the appropriate fee, issue an EC certificate of conformity which —
a
shall identify any appliance or fitting in the batch with which the notified body is not satisfied having regard to the foregoing provisions of this regulation; and
b
shall be retained by the manufacturer or his authorised representative established in the Community;
c
in the case of an appliance, affix or cause to be affixed its identification number.
4
In order to comply with the provision of paragraph (3)(c) above a notified body may authorise a manufacturer to affix its identification number during the manufacturing process.
5
Where the notified body issues an EC certificate of conformity in respect of a batch, the manufacturer or his authorised agent established in the Community —
a
may supply any appliance or fitting in the batch other than one within subparagraph (b) below; and
b
shall not supply any appliance or fitting which is identified in the EC certificate of conformity as one with which the notified body was not satisfied.
6
Where the notified body declines to issue an EC certificate of conformity in respect of a batch, —
a
the notified body shall take all reasonable steps to ensure that no appliance or fitting in the batch is supplied by any person; and
b
no person shall supply any appliance or fitting which was comprised in the batch.
7
If, having regard to the objectives of the Directive, it appears to the notified body that the number of batches of appliances or fittings to which an EC type-examination certificate applies and in respect of which it has declined to issue an EC certificate of conformity is unsatisfactory, it may suspend verification under this regulation in respect of appliances or fittings to which that EC type-examination certificate applies.
8
In this regulation, “batch” means a number of appliances or fittings all of which are of the same model, have the same design characteristics; and have been manufactured under the same conditions.
EC unit verification
21
1
Where a manufacturer or his authorised representative established in the Community desires that an EC certificate of conformity shall be issued by a notified body under this regulation, he shall —
a
inform the notified body of his desire;
b
provide the design documentation to the notified body; and
c
either —
i
submit the appliance to the notified body, or
ii
if the notified body so decides, make provision for the notified body to carry out its functions under this regulation at the place where the appliance is installed,
and shall undertake to pay the appropriate fee to the notified body.
2
The notified body shall examine the appliance and carry out tests to establish whether it satisfies the essential requirements and the provisions of these Regulations which apply to it.
3
If, having carried out the examination and tests, the notified body is satisfied that an EC certificate of conformity should be issued, it shall, on payment of the appropriate fee, —
a
issue an EC certificate of conformity, which shall be retained by the manufacturer or his authorised representative established in the Community; and
b
affix or cause to be affixed its identification number to the approved appliance.
Refusal to issue certificate of conformity
22
1
If a notified body is minded to refuse to issue an EC certificate of conformity under any of regulations 19, 20 and 21, it shall give the applicant the opportunity of making representations within a reasonable period as to why it should not be refused.
2
Where a notified body, having considered any representations made in accordance with paragraph (1) above, refuses an EC certificate of conformity, it shall, in writing, inform the applicant of its decision and the grounds for its decision.
EC declaration of conformity to type (type-examination)
23
1
Where an EC type-examination certificate has been issued in respect of a type and the manufacturer or his authorised representative established in the Community is satisfied —
a
that an appliance or a fitting has been manufactured in conformity with that certificate; and
b
that the requirements of regulation 7 are satisfied in relation to the appliance or fitting,
subject to regulation 24, he may —
i
in the case of an appliance, issue an EC declaration of conformity to type; and
ii
in the case of a fitting, supply a fitting certificate.
2
An EC declaration of conformity to type may relate to more than one appliance or fitting and shall be retained by the manufacturer or his authorised representative established in the Community.
3
If the manufacturer or his authorised representative established in the Community issues an EC declaration of conformity to type he shall, in the case of an appliance, affix the CE Marking in accordance with regulation 25.
Surveillance by notified bodies
24
1
Subject to the following provisions of this regulation where a manufacturer or his authorised representative established in the Community issues an EC declaration of conformity to type or a fitting certificate under regulation 23, he shall —
a
appoint a notified body for the purposes of EC surveillance under the Directive, and
b
undertake to pay from time to time the appropriate fee for work done by a notified body under this regulation;
and the notified body shall carry out checks under this paragraph.
2
Where a quality system was approved under regulation 14, the notified body which approved the quality system shall be the body to carry out EC surveillance under this paragraph.
3
In carrying out EC surveillance under this regulation, the notified body, —
a
in the case of surveillance under paragraph (1) above, shall, at intervals of not more than one year, carry out suf|fi|cient random examinations and checks in order to ensure that appliances or fittings manufactured by the manufacturer conform to the relevant EC type-examination certificate and the relevant essential requirements; and
b
in the case of surveillance under paragraph (2) above, —
i
shall, at intervals of not more than two years, carry out checks in order to ensure that the manufacturer is maintaining and applying the quality system; and
ii
may, from time to time as it thinks fit, carry out visits at the places of manufacture, inspection, testing and storage and carry out, or have carried out, tests on appliances or fittings to check whether the manufacturer is maintaining and applying the quality system,
and shall, in each case, provide the manufacturer with a report on its findings.
4
A manufacturer shall, upon request made by it (if it is not the notified body which made the report) provide to the notified body which issues the EC type-examination certificate a copy of any report made to him under paragraph (3) above and shall permit inspection of the original thereof.
5
For the purpose of assisting the notified body to carry out EC surveillance under paragraph (2) above, the manufacturer shall, in respect of each appliance or fitting keep available for inspection by the notified body all necessary information, including —
a
the documentation of the quality system;
b
the design documentation of the appliance or fitting; and
c
the quality records.
6
For the purposes of the foregoing provisions of this regulation, a duly authorised officer of the notified body responsible for EC surveillance may, on production if requested of his credentials, at all reasonable times enter any premises used for the purpose of manufacture CE, inspection, testing or storage of any appliance or fitting by or on behalf of the manufacturer.
7
If the notified body is not satisfied that the appliances or fittings tested by it satisfy the requirements of the relevant EC type-examination certificate or of these Regulations, it shall give to the manufacturer a report advising him of the steps necessary to remedy the non-compliance and, —
a
if —
i
it is the notified body which issued the EC type-examination certificate, consider whether it should exercise its powers under regulation 13, or
ii
it is not the notified body which issued the EC type-examination certificate, notify the notified body which issued it; or
b
if —
i
it is the notified body which approved the quality system, consider whether it should exercise its powers under regulation 15, or
ii
it is not the notified body which approved the quality system, notify the notified body which issued it.
8
Upon receipt of a notification under paragraph (7) above, it shall be the duty of a notified body to consider whether it should exercise its powers under regulation 13 or 15.
9
A manufacturer shall, on demand, pay to the notified body the appropriate fee for work done by it under this regulation.
Affixing of ce marking etc
CE Marking to be affixed to appliances and fitting certificate to be supplied with fittings
25
1
In accordance with the preceding provisions of these Regulations, there shall be affixed by the manufacturer or his authorised representative established in the Community, to each appliance (or on a data plate securely affixed to the appliance) in a visible, easily legible and indelible form —
a
the CE Marking by way of confirmation —
i
that the appliance conforms with a type in respect of which an EC type-examination certificate is in force in accordance with these Regulations, or
ii
that an EC certificate of conformity has been issued by it in accordance with these Regulations in respect of the appliance;
b
the name (or, if it enables him to be identified, the trade name, trade mark or other identification symbol) of —
i
the manufacturer of the appliance, if he is established in the Community; or
ii
his authorised representative established in the Community, if he is not so established;
c
the trade name of the appliance;
d
the type of any electrical supply to be used in connection with the appliance;
e
the appliance category; and
f
the last 2 digits of the year in which the CE Marking was affixed.
2
No person shall affix to an appliance any markings likely to deceive third parties as to the meaning and form of the CE Marking affixed in accordance with these Regulations or which reduces the visibility or legibility of the CE Marking so affixed.
3
A data plate shall be so designed that it cannot be re-used.
4
In the case of a fitting, the manufacturer or his authorised representative established in the Community shall, in accordance with the preceding provisions of these Regulations, issue a certificate (which may relate to a number of identical fittings and is, in these Regulations, called a “fitting certificate”) by way of confirmation that the fitting to which the certificate relates conforms with the provisions of these Regulations which relate to it; and a fitting certificate shall describe —
a
the characteristics of the fitting; and
b
the manner in which the fitting is to be incorporated into an appliance, or in which it and other fittings are to be assembled, in order to comply with the essential requirements,
and it shall be the duty of the manufacturer or his authorised representative established in the Community to supply a copy of the certificate with the fitting.
Conformity with other Directives
26
1
Subject to paragraph (2) below, where the appliance is the subject of Community Directives other than the Directive, in addition to the Directive, which provide among other things for the affixing of the CE Marking, the CE Marking, affixed in relation to the Directive shall indicate that the appliance conforms to the provisions of those other Community Directives.
2
Where any of the said Community Directives referred to in paragraph (1) above allows the manufacturer during a transitional period, to choose which arrangements apply, the CE Marking shall indicate conformity only to the Community Directives applied by the manufacturer. In this case, particulars of the Community Directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by the Community Directives and accompanying such appliances.
Enforcement
Compliance notices
27
1
Except in the case of an appliance or fitting which in the opinion of the enforcement authority is likely to jeopardise the safety or health of any person, where an enforcement authority has reasonable grounds for suspecting that the affixing of the CE Marking to an appliance to which these Regulations apply or in the case of a fitting to which these Regulations apply, the issue of a fitting certificate, involves a contravention of these Regulations or any part of them, it may serve a notice (a “compliance notice”) on the manufacturer of that appliance or fitting or his authorised representative established in the Community and in such a case sections 13, 14, 16 or 17 of the 1987 Act or sections 21 or 22 of the 1974 Act shall not be applied until such a notice has been so served and the person upon whom it has been served has failed to comply with its requirements.
2
Schedule 4 shall have effect in respect of a compliance notice.
Duties of enforcement authorities
28
Every authority and council on whom a duty is imposed by virtue of section 27 of the 1987 Act shall give immediate notice to the Secretary of State of —
a
any compliance notice served by it in respect of any appliance or fitting to which these Regulations apply;
b
any suspension notice served by it in respect of any appliance or fitting to which these Regulations apply;
c
any application made by it for an order for forfeiture of such an appliance or fitting; and
d
any other thing done in respect of any appliance or fitting for the purposes of, or in connection with, sections 14 to 17 of that Act.
Offences relating to domestic animals and to property
29
1
Any person who without reasonable excuse contravenes or fails to comply with regulation 7(1) or (2) in so far as it applies to injury or impairment to the health or safety of any domestic animal or damage to any property shall be guilty of an offence under this paragraph and punishable on summary conviction with imprisonment for not more than three months or with a fine of not more than level 5 on the standard scale.
2
Where the commission by any person of an offence under paragraph (1) above is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.
3
Where an offence under this regulation committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed guilty of the offence.
4
Where the affairs of a body corporate are managed by its members, paragraph (3) 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.
Proceedings
30
1
A magistrates' court, —
a
in England and Wales, may try an information, and
b
in Northern Ireland, may try a complaint,
in respect of an offence committed under —
i
section 12 of the 1987 Act in relation to a contravention of these Regulations, or
ii
regulation 29,
if the information is laid or the complaint is made, as the case may require, within twelve months from the time when the offence is committed.
2
In Scotland, summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.
3
Without prejudice to the provisions of paragraphs (1) and (2) above, regulation 31 and the provisions of Part IV of the 1987 Act, in so far as these Regulations apply in relation to such appliances as are mentioned in paragraph (4) below —
a
the Executive (or, for Northern Ireland, the Department) may make arrangements for the enforcement of these Regulations; and
b
the provisions of the 1974 Act or the 1978 Order mentioned in paragraph (5) below shall apply as if —
i
subject to paragraph (6) below, these Regulations were health and safety regulations and, accordingly, relevant statutory provisions within the meaning of the 1974 Act (or the 1978 Order),
ii
any reference therein to an enforcing authority were a reference to the Executive (or the Department),
iii
any reference therein to any provision of the 1974 Act (or the 1978 Order) were a reference to that provision as, and so far as, it is applied by this paragraph,
and section 34(3) of the 1974 Act and Article 32(3) of the 1978 Order shall have effect with the substitution for the words “six months” of the words “twelve months”.
4
The appliances referred to in paragraph (3) above are —
a
appliances or fittings designed for use or operation, whether exclusively or not, by persons at work; and
b
appliances or fittings designed for use, otherwise than at work, in non-domestic premises made available to persons as a place where they may use the appliances or fittings provided for their use there.
5
The provisions referred to in paragraph (3) above are section 18(6) and (7)(b), sections 19 to 26 (save for subsections (3), (4) and (6) of section 23), subsections (1)(e) to (h) and (o), (2), (2A), (3) (save for the words “Subject to any provision made by virtue of section 15(6)(d) or (e) or by virtue of paragraph 2(2) of Schedule 3”) and 4(e) of section 33, section 34(3), (4) and (5), sections 35 to 39 (save for subsection (3) of section 36) and section 42 of the 1974 Act and articles 2(3), 21 to 28, paragraphs (1)(e) to (l), (2), (4), (5)(d) and (e) and (6) of article 31, paragraphs (3) and (4) of article 32 and articles 33 to 36 of the Order.
6
Any criminal proceedings for a contravention of these Regulations brought by virtue of paragraphs (3) to (5) above shall be brought under section 12 of the 1987 Act or, where appropriate, under that section taken with regulation 29(1).
7
The Executive or the Department shall, where action has been taken by it to prohibit or restrict the supply of any appliance which bears the CE Marking or of any fitting in respect of which a fitting certificate has been issued, forthwith inform the Secretary of State of the action taken, and the reason for it, with a view to this information being passed by him to the Commission.
General
Requirement to give information about appliance which does not bear the CE Marking
31
A person who supplies
a
an appliance which does not bear the CE Marking; or
b
a fitting which is not accompanied by a fitting certificate,
shall, on his being required at a reasonable time to give such information, give to an enforcement authority, the Executive or the Department, or to any of its officers, all the information which he has about —
i
the date when the appliance or fitting was first supplied in the Community; and
ii
the basis on which the appliance is not so marked or the fitting is not accompanied by a fitting certificate.
Regulations to be treated as safety regulations within the meaning of the 1987 Act
32
Subject to regulation 29, these Regulations shall be treated for all purposes as if they were safety regulations within the meaning of section 45(1) of the 1987 Act.
Ferrers
Minister of State for Small Firms and Consumer Affairs,
Department of Trade and Industry
23rd June 1995


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Insurance Brokers (Registration) Act 1977 (Amendment) Order 1995 and shall come into force on 1st January 1997.
2
In this Order “the 1977 Act ” means the Insurance Brokers (Registration) Act 1977.
Qualifications for registration
2
1
Section 3 of the 1977 Act (qualifications for registration) is amended as follows.
2
In paragraph (c) of subsection (1), for the words from “carried on business”to the end, substitute
pursued in an EEA State, within the meaning of section 96(1) of the Insurance Companies Act 1982, other than the United Kingdom, any of the activities set out in Article 2(2)(a) of Council Directive 77/92/ EEC of 13 December 1976 (which relates to insurance agents and brokers) for a period which —
meets the requirements set out in paragraph (a), (b) or (c) of Article 4 of that Directive, and
did not end more than ten years before the date on which the application is made.
3
Omit paragraphs (d) to (h) of subsection (1).
4
In paragraph (b) of subsection (2), for the words “within paragraph (a), (b), (e) or (f)” substitute “within paragraph (a) or (b)”.
Jonathan Evans
Parliamentary Under-Secretary of State,
Department of Trade and Industry
8th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Law Hospital National Health Service Trust (Establishment) Amendment Order 1995 and shall come into force on 31st March 1995.
2
In this Order “the principal Order ” means the Law Hospital National Health Service Trust (Establishment) Order 1993 .
Amendment of Article 3 of the principal Order
2
For article 3 of the principal Order there shall be substituted the following: —
3
1
The trust is established for the purposes specified in section 12A(1) 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 boards) shall be —
a
to own and manage under section 12A(1)(a) of the Act the hospital establishments or facilities known as Law Hospital, Carluke and Strathclyde Hospital Out-Patient Department, Motherwell and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with these establishments and the support services related thereto; and
b
to provide and manage under section 12A(1)(b) of the Act a new hospital and associated facilities to replace Law Hospital, Carluke.
.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
9th March 1995


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Social Security (Incapacity for Work) (General) Regulations 1995 and shall come into force on 13th April 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“activity” means an activity specified in column (1) of Parts I and II of the Schedule;
“adjudication officer” means an officer appointed in accordance with section 38(1) of the Administration Act ;
“the Administration Act” means the Social Security Administration Act 1992;
“the all work test” means the test defined in Part III of these Regulations;
“benefit” does not include statutory sick pay or industrial injuries benefit;
“confinement” has the meaning given to it by section 171(1) of the Contributions and Benefits Act ;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or the spouse of any of the preceding persons or, if that person is one of an unmarried couple, the other member of that couple;
“descriptor” means, in relation to an activity, the descriptor in column (2) of the Schedule which describes a person’s ability to perform that activity;
“disability appeal tribunal” means a tribunal constituted under section 43 of the Administration Act;
“the Disability Living Allowance Advisory Board” means the board referred to in section 175(1) of the Administration Act;
“doctor” means a registered medical practitioner;
“the own occupation test” means the test defined in section 171B of the Contributions and Benefits Act;
“the President” means the President of the social security appeal tribunals, disability appeal tribunals and medical appeal tribunals;
“social security appeal tribunal” means a tribunal constituted under section 41 of the Administration Act;
“spell or incapacity” has the meaning given to it by section 171B(3) of the Contributions and Benefits Act;
“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;
“volunteer” means a person who is engaged in voluntary work with a charity or voluntary organisation, or who is engaged in voluntary work otherwise than for a close relative, where the only payment received by him or due to be paid to him by virtue of being so engaged in respect of any expenses reasonably incurred by him in connection with that work;
“week” means any period of 7 days.
2
In these Regulations, unless the context otherwise requires, any reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
to the Schedule is to the Schedule to these Regulations.
Application
3
These Regulations do not apply for the purposes of Part V (benefit for industrial injuries) or Part XI (statutory sick pay) of the Contributions and Benefits Act.
PART II
GENERAL PROVISIONS RELATING TO INCAPACITY FOR WORK
CHAPTER I
OWN OCCUPATION TEST
Definition of “remunerative work”
4
1
For the purposes of section 171B of the Contributions and Benefits Act (the own occupation test) “remunerative work” in relation to the period of 21 weeks referred to in that section means work —
a
in one occupation in which a person was engaged for 16 or more hours a week for more than 8 weeks; and
b
for which payment was made or which was done in expectation of payment.
2
For the purposes of this regulation and regulation 5 —
a
one occupation comprises either —
i
all work of the same kind, whether or not it is for the same employer and whether a person is employed or self-employed; or
ii
all work for the same employer; and
b
a person who was normally engaged in one occupation for 16 or more hours a week shall be treated as if he had been engaged in that occupation in relation to any week when he was on paid or unpaid leave from that occupation.
Person with more than one occupation
5
Where a person was engaged in more than one occupation which qualified as remunerative work in the period of 21 weeks referred to in regulation 4, his occupation for the purposes of the own occupation test is the last such occupation in which he was engaged during that period; but if, during his last week of remunerative work in that period, he was engaged in more than one such occupation he must satisfy the own occupation test in respect of each.
CHAPTER II
INFORMATION AND EVIDENCE
Information required for determining capacity for work
6
1
Subject to paragraph (2) the information or evidence required for the purposes of determining whether a person is capable or incapable of work is —
a
where the own occupation test or the all work test applies, evidence of his incapacity for work in accordance with the Social Security (Medical Evidence) Regulations 1976 (which prescribe the form of doctor’s statement or other evidence required in each case);
b
where the all work test applies, such information as the Secretary of State may request in the form of a questionnaire relating to a person’s ability to perform the activities referred to in the Schedule;
c
such additional information relating to the relevant test as the Secretary of State may request.
2
Where the Secretary of State is satisfied that he has sufficient information for a determination whether a person is capable or incapable of work without the information specified in paragraph (1)(b), that information shall not be required for the purposes of that determination.
3
Where it has been determined that a person is to be treated as incapable of work under regulations 10 to 14 the information referred to in paragraph (1) shall not be required.
Failure to provide information
7
1
Where a person fails without good cause to comply with a request of the Secretary of State to provide the information referred to in regulation 6(1)(b) (all work test questionnaire) he shall, subject to paragraph (2), be treated as capable of work.
2
A person shall not be treated as capable of work under paragraph (1) unless —
a
at least 6 weeks have elapsed since the Secretary of State sent that person the first request for that information; and
b
the Secretary of State has sent that person a further request at least 4 weeks after the first, and at least 2 weeks have elapsed since that further request was sent.
Person may be called for a medical examination
8
1
Where a question arises as to whether a person is capable of work, he may be called by or on behalf of a doctor approved by the Secretary of State to attend for a medical examination.
2
Subject to paragraph (3) where a person fails without good cause to attend for or submit himself to such an examination, he shall be treated as capable of work.
3
A person shall not be treated as capable of work under paragraph (2) unless written notice of the time and place for the examination was sent to him at least 7 days beforehand, or unless he agreed to accept a shorter period of notice.
Matters to be taken into account in determining good cause
9
The matters which are to be taken into account in determining whether a person has good cause under regulation 7 or 8 (failure to provide information or attend a medical examination) shall include —
a
whether he was outside Great Britain at the relevant time;
b
his state of health at the relevant time; and
c
the nature of any disability from which he suffers.
CHAPTER III
PERSONS TREATED AS INCAPABLE
Certain persons with a severe condition to be treated as incapable of work
10
1
A person shall be treated as incapable of work on any day on which any of the circumstances set out in paragraph (2) apply to him.
2
The circumstances are —
a
that he is in receipt of the highest rate care component of disability living allowance;
b
that he is suffering from a progressive disease and his death in consequence of that disease can reasonably be expected within 6 months;
c
that he is a blind person whose name is on a register compiled and maintained by a local authority under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a regional or islands council;
d
that he is suffering from any of the following conditions —
i
tetraplegia;
ii
persistent vegetative state;
iii
dementia;
iv
paraplegia or uncontrollable involuntary movements or ataxia which effectively renders the sufferer functionally paraplegic;
e
that a doctor approved by the Secretary of State has certified that he is suffering from any of the following conditions —
i
a severe learning disability (which, for the purposes of this regulation, means a condition which results from the arrested or incomplete physical development of the brain, or severe damage to the brain, and which involves severe impairment of intelligence and social functioning);
ii
a severe and progressive neurological and muscle wasting disease;
iii
an active and progressive form of inflammatory polyarthritis;
iv
a progressive impairment of cardio-respiratory function which severely and persistently limits effort tolerance;
v
dense paralysis of the upper limb, trunk and lower limb on one side of the body;
vi
multiple effects of impairment of function of the brain or nervous system causing severe and irreversible motor, sensory and intellectual deficits;
vii
a severe and progressive immune deficiency state characterised by the occurrence of opportunistic infections or tumour formation;
viii
a severe mental illness.
Person with an infectious or contagious disease
11
A person shall be treated as incapable of work on any day in respect of which he is excluded from work on the certificate of a Medical Officer for Environmental Health and is under medical observation by reason of his being a carrier, or having been in contact with a case, of infectious or contagious disease.
Hospital in-patients
12
A person shall be treated as incapable of work on any day on which he is undergoing medical or other treatment as an in-patient in a hospital or similar institution.
Person receiving certain regular treatment
13
1
The following provisions of this regulation apply to a person receiving —
a
regular weekly treatment by way of haemodialysis for chronic renal failure or peritoneal dialysis for chronic renal failure;
b
treatment by way of plasmapheresis, by way of parenteral chemotherapy with cytotoxic drugs, anti-tumour agents or immuno-suppresive drugs or by way of radiotherapy; or
c
regular weekly treatment by way of total parenteral nutrition for gross impairment of enteric function.
2
A person referred to in paragraph (1) shall be treated as incapable of work on any day on which he is engaged in that treatment.
3
A person who works during any week in which he receives treatment referred to in paragraph (1) shall be treated as capable of work for the purposes of regulation 16 only on the actual day or days on which he works in that week.
4
Section 171B(3) of the Contributions and Benefits Act (which defines a spell of incapacity) shall have effect in relation to a person referred to in paragraph (1) as if the period of 4 days mentioned in that section were a period of 2 days, whether consecutive or not, in a period of 7 consecutive days.
Pregnancy
14
A pregnant woman shall be treated as incapable of work —
a
on any day on which, because of her pregnancy, there is a serious risk of damage to her health or to the health of her unborn child if —
i
in a case where the own occupation test applies, she does not refrain from work in the occupation which is relevant for the purposes of that test; or
ii
in a case where the all work test applies, she does not refrain from work in any occupation; or
b
in the case of a woman whose expected or actual date of confinement has been certified in accordance with the Social Security (Medical Evidence) Regulations 1976, on any day in the period —
i
beginning with the first day of the 6th week before the expected week of her confinement or the actual date of her confinement, whichever is earlier; and
ii
ending on the 14th day after the actual date of her confinement,
if she would have no entitlement to a maternity allowance or statutory maternity pay were she to make a claim in respect of that period.
Person to be treated as incapable of work throughout a day
15
A person who at the commencement of any day is, or thereafter becomes, incapable of work by reason of some specific disease or bodily or mental disablement shall be treated as incapable of work throughout that day.
CHAPTER IV
TREATING AS CAPABLE, DISQUALIFICATION ETC.
Person who works to be treated as capable of work
16
1
Subject to paragraphs (3) and (4) and regulation 13(3) (persons receiving certain regular treatment) a person shall be treated as capable of work on each day of any week commencing on Sunday during which he does work to which this regulation applies (notwithstanding that it has been determined that he is, or is to be treated under regulations 10 to 15 or 26 as, incapable of work or that he meets the conditions set out in regulation 28(2) for treating the all work test as satisfied until assessment) unless that work —
a
falls into any of the categories of exempt work set out in regulation 17(1); and
b
is done within the limits set out in regulation 17(2).
2
Work to which this regulation applies is any work which a person does (not being work as a councillor that is to be disregarded under section 171F of the Contributions and Benefits Act), whether or not he undertakes it in expectation of payment, apart from care of a close relative or domestic tasks carried out in his own home.
3
A person who does work to which this regulation applies in a week which is —
a
the week in any spell of incapacity in which he first becomes entitled to a benefit, allowance or advantage on account of his incapacity for work; or
b
the last week in any spell of incapacity,
shall be treated as capable of work by virtue of paragraph (1) only on the actual day or days in that week on which he does that work.
4
A person shall not be treated as capable of work under this regulation by reason only of the fact that, during an emergency, he undertakes any activity to protect another person or to prevent serious damage to property or livestock.
Exempt work
17
1
The categories of exempt work referred to in regulation 16(1)(a) are —
a
work undertaken on the advice of a doctor which —
i
helps to improve, or to prevent or delay deterioration in, the disease or bodily or mental disablement which causes that person’s incapacity for work; or
ii
is part of a treatment programme and is done under medical supervision while that person is an in-patient or regularly attending as an out-patient of a hospital or similar institution; or
iii
is done while that person is attending an institution which provides sheltered work for people with disabilities;
b
work done as a volunteer;
c
duties undertaken as a member of a disability appeal tribunal or the Disability Living Allowance Advisory Board.
2
The weekly limits in relation to exempt work are —
a
that earnings from work referred to in paragraph (1)(a) do not exceed £43;
b
that, subject to paragraph (3), the combined total of the number of hours spent doing work referred to in paragraph (1)(a)(i) or (b) is less than 16;
c
that work referred to in paragraph (1)(c) is not undertaken on more than one day.
3
A person shall not be treated as capable of work because he has exceeded the limit referred to in paragraph (2)(b) in any week, if he has worked or would be expected to work, as the case may be, an average of less than 16 hours a week —
a
in a case where a recognisable cycle in respect of that person’s work has been established, in the period of that cycle in which the week in question falls; or
b
in any other case, in the period which comprises that week and the 4 weeks preceding it.
Disqualification for misconduct etc.
18
1
Paragraph (2) applies where a person —
a
has become incapable of work through his own misconduct, except that this disqualification shall not apply in a case where the incapacity is due to pregnancy or a sexually transmitted disease; or
b
fails without good cause to attend for or submit himself to medical or other treatment (excluding vaccination, inoculation or major surgery) which could significantly improve his medical condition or any disability arising therefrom or which would be likely to render him capable of work; or
c
fails without good cause to observe any of the following rules of behaviour, namely —
i
to refrain from behaviour calculated to retard his recovery; or
ii
not to be absent from his place of residence without leaving word where he may be found.
2
A person referred to in paragraph (1) shall —
a
if he is entitled to incapacity benefit or severe disablement allowance, be disqualified for receiving that benefit or allowance; or
b
in the case of any other benefit, allowance or advantage, be treated as capable of work,
for such period not exceeding 6 weeks as may be determined under Part II of the Administration Act.
CHAPTER V
ADJUDICATION
Effect of a determination as to capacity for work
19
A determination whether a person is, or is to be treated as, capable or incapable of work, which is made for the purposes of determining his entitlement to any benefit, allowance or advantage, shall be treated as conclusive for the purposes of his entitlement to any other benefit, allowance or advantage in respect of any day or any period to which that determination relates.
Adjudication officer to determine capacity for work
20
Where a question as to whether a person is, or is to be treated as, capable or incapable of work arises in respect of a claim for any benefit, allowance or advantage, that question shall be determined by an adjudication officer notwithstanding that any other question falls to be determined by another authority.
Social security appeal tribunal to sit with a medical assessor
21
Where a matter before a social security appeal tribunal involves a question as to whether a person satisfies the all work test that tribunal shall sit with a medical assessor.
Appointment of medical assessors
22
1
The President shall constitute for the whole of Great Britain a panel of doctors to act as medical assessors for such areas as he thinks fit.
2
The President may appoint to the panel any doctor with at least 5 years post-registration experience who is not —
a
a civil servant in any government department; or
b
an employee of, or adviser to, an organisation which represents, or promotes the rights of, people with disabilities.
3
The President may appoint a person to the panel for such term as he thinks fit and may terminate that appointment at any time.
PART III
ALL WORK TEST
Interpretation of Part III and the Schedule
23
In this Part and the Schedule, unless the context otherwise requires, any reference to a numbered part is to the part in the Schedule bearing that number.
The all work test
24
The all work test is a test of the extent of a person’s incapacity, by reasons of some specific disease or bodily or mental disablement, to perform the activities prescribed in the Schedule.
Assessment under the all work test
25
1
A person satisfies the all work test when one or more of the descriptors in Part I or Part II apply to him if, by adding the points listed in column (3) of the Schedule against the descriptor, he obtains a total score of at least —
a
15 points in respect of descriptors specified in Part I; or
b
10 points in respect of descriptors specified in Part II; or
c
15 points in respect of descriptors specified in Parts I and II.
2
In determining the extent of a person’s incapacity to perform any activity listed in Part I he shall be assessed as if he were wearing any prosthesis with which he is fitted.
Calculation of scores
26
1
In determining a person’s score for the purposes of regulation 25(1)(c) —
a
a score of between 6 and 9 points in respect of those descriptors specified in Part II shall be treated as a score of 9 points when added to the score in respect of descriptors specified in Part I;
b
a score of less than 6 points in respect of any descriptor specified in Part II shall be disregarded.
2
In determining a person’s score where descriptors specified for the activities 1 and 2 in Part I apply to him, only one descriptor shall be counted and that shall be the descriptor with the highest score in respect of either activity which applies to him.
3
In determining a person’s score in respect of descriptors specified in Part I where more than one descriptor specified for any activity applies to him, only one descriptor shall be counted and that shall be the descriptor with the highest score in respect of each activity which applies to him.
4
In determining a person’s score in respect of descriptors specified in Part II the score in respect of each descriptor which applies to him shall be counted.
Exceptional circumstances
27
A person who does not satisfy the all work test shall be treated as incapable of work if in the opinion of a doctor approved by the Secretary of State —
a
he suffers from a previously undiagnosed potentially life-threatening condition; or
b
he suffers from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if he were found capable of work; or
c
he suffers from a severe uncontrolled or uncontrollable disease; or
d
he will, within three months of the date on which the doctor so approved examines him, have a major surgical operation or other major therapeutic procedure.
Conditions for treating the all work test as satisfied until assessment
28
1
Where the all work test applies, the test shall, if the conditions set out in paragraph (2) are met, be treated as satisfied until a person has been assessed or until he falls to be treated as capable of work in accordance with regulation 7 or 8.
2
The conditions are —
a
that the person provides evidence of his incapacity for work in accordance with the Social Security (Medical Evidence) Regulations 1976 (which prescribe the form of doctor’s statement or other evidence required in each case); and
b
that it has not within the preceding 6 months been determined, in relation to his entitlement to any benefit, allowance or advantage, that the person is capable of work, or is to be treated as capable of work under regulation 7 or 8, unless —
i
he is suffering from some specific disease or bodily or mental disablement which he was not suffering from at the time of that determination; or
ii
a disease or bodily or mental disablement which he was suffering from at the time of that determination has significantly worsened; or
iii
in the case of a person who was treated as capable of work under regulation 7 (failure to provide information), he has since satisfied any requirements of the Secretary of State under that regulation.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
10th February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Blood Authority (Transfer of Trust Property) (No. 2) Order 1995 and shall come into force on 22nd December 1995.
2
In this Order —
“the first Authority” means the Northern and Yorkshire Regional Health Authority;
“the second Authority” means the National Blood Authority;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the first Authority and the second Authority on 21st February 1995, which schedule has been signed on behalf of both the first Authority and the second Authority.
Transfer of trust property
2
On 22nd December 1995 the trust property shall be transferred from the first Authority to the second Authority.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
24th November 1995


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 1995 and shall come into force on 26th April 1995.
Application and effect
2
This Order applies to school teachers (as defined in sections 5(1) and (2) of the School Teachers' Pay and Conditions Act 1991) in England and Wales, and gives effect without any material modification to recommendations of the review body.
School Teachers' Pay and Conditions
3
The School Teachers' Pay and Conditions Document 1994 is amended with effect from 1st April 1995 as follows:
a
the following shall be substituted for the table in paragraph 4.3:
Spine point Annual salary £
1 23,676 2 24,063 3 24,453 4 24,840 5 25,230 6 25,614 7 26,007 8 26,388 9 26,784 10 27,171 11 27,555 12 27,945 13 28,329 14 28,725 15 29,109 16 29,496 17 29,883 18 30,276 19 30,663 20 31,050 21 31,572 22 32,082 23 32,601 24 33,120 25 33,639 26 34,152 27 34,671 28 35,190 29 35,709 30 36,360 31 37,002 32 37,647 33 38,295 34 38,946 35 39,591 36 40,239 37 40,884 38 41,790 39 42,693 40 43,602 41 44,505 42 45,408 43 46,320 44 47,223 45 48,126 46 49,035 47 49,941 48 50,847 49 51,753 50 52,653 51 53,559
;
b
the following shall be substituted for the table in paragraph 4.4.2:
Head teachers
Group Spine point Range £
1 3 – 15 24,453 – 29,109 2 1(S) 8 – 22 26,388 – 32,082 3 2(S) 15 – 29 29,109 – 35,709 4 3(S) 23 – 37 32,601 – 40,884 5 4(S) 31 – 44 37,002 – 47,223 6 38 – 51 41,790 – 53,559;
Deputy head teachers
Group Spine point Range £
1 1 – 8 23,676 – 26,388 2 1(S) 2 – 10 24,063 – 27,171 3 2(S) 4 – 13 24,840 – 28,329 4 3(S) 8 – 20 26,388 – 31,050 5 4(S) 15 – 26 29,109 – 34,152 6 22 – 34 32,082 – 38,946
;
c
the following shall be substituted for the table in paragraph 9.2:
Spine point Annual salary £
0 11,883 1 12,594 2 13,350 3 14,151 4 15,000 5 15,897 6 16,854 7 17,865 8 18,936 9 20,145 10 21,393 11 22,665 12 24,474 13 26,106 14 28,191 15 29,457 16 30,786 17 32,169
;
d
the following shall be substituted for the table in paragraph 15.1:
Scale point Annual salary £
1 10,101 2 10,551 3 10,995 4 11,448 5 11,907 6 12,357 7 12,810 8 13,869 9 15,066 10 15,972
; and
e
in paragraph 21.1 —
i
in sub–paragraph (a) for “£1,899” there shall be substituted “£1,950”;
ii
in sub–paragraph (b) for “£1,248” there shall be substituted “£1,281”; and
iii
in sub–paragraph (c) for “£486” there shall be substituted “£498”.
Gillian Shephard
Secretary of State for Education
5th April 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sussex Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 8th January 1996.
2
In this Order —
“the Authority” means the West Sussex Health Authority;
“the Trust” means the Sussex Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 31st August 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th January 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
7th December 1995


text:
Citation and commencement
1
These Regulations may be cited as the Copyright (EC Measures Relating to Pirated Goods and Abolition of Restrictions on the Import of Goods) Regulations 1995 and shall come into force on 1st July 1995.
Amendment of the Copyright, Designs and Patents Act 1988
2
1
Section 111 of the Copyright, Designs and Patents Act 1988 shall be amended as follows.
2
After subsection (3) insert —
3A
The Commissioners may treat as prohibited goods only infringing copies of works which arrive in the United Kingdom —
a
from outside the European Economic Area, or
b
from within that Area but not having been entered for free circulation.
3B
This section does not apply to goods entered, or expected to be entered, for free circulation, export, re-export or for a suspensive procedure in respect of which an application may be made under Article 3(1) of Council Regulation (EC) No. 3295/94 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods.
.
3
In subsection (4), for the words “is prohibited” substitute “subject to subsections (3A) and (3B), is prohibited”.
Ian Taylor
Parliamentary Under Secretary of State for Trade and Technology,
Department of Trade and Industry
7th June 1995