type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (Amendment) Order 1995 and shall come into force on 1st January 1996.
Amendment
2
The Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1992 shall be amended so as to substitute for Schedules 1 to 5 the Schedules numbered 1 to 5 set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Health
Cumberledge
Parliamentary Under Secretary of State,
Department of Health
3rd December 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
8th December 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
30th November 1995
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
6th December 1995
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
F.A. Elliot
Permanent Secretary
7th day of December 1995.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
J. Murray
Permanent Secretary
5th day of December 1995.
We consent,
Bowen Wells
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 1995


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Amendment) Regulations 1995 and shall come into force on 1st May 1995.
2
The Civil Aviation (Route Charges for Navigation Services) Regulations 1994 shall be amended as follows:
a
For regulation 9(vii) there shall be substituted the following regulation —
vii
flights made exclusively for the purpose of the instruction or testing of flight crew within the specified airspace of the United Kingdom;
b
For Schedule 2 thereof there shall be substituted —
SCHEDULE 2
SPECIFIED AIRSPACES
Regulations 3(1), 6(1) and 7
(1) (2) (3) (4) Country Publication in which FIRS are described Unite Rate in ECUs Established at a Rate of exchange of
*
Excluding Shanwick FIR
Austria AIP Austria 67.12 1 ECU =13.4948 Sch Belgium AIP Belgique 72.78 1 ECU=39.5323 BF Cyprus AIP Cyprus 24.63 1 ECU=0.585537 £ Cy Denmark AIP Denmark 55.10 1 ECU=7.53595 Kr France AIP France (France Metropolitaine) 66.17 1 ECU=6.57349 FF Germany AIP Germany 79.84 1 ECU=1.91818 DM Greece AIP Greece 17.21 1 ECU=289.751 Dra Hungary AIP Hungary 18.87 1 ECU=122.810 Hf Ireland Republic of AIP Ireland 27.95 1 ECU=0.800096 £ Ir Malta AIP Malta 37.21 1 ECU=0.455484 Lm Netherlands AIP Netherlands 50.66 1 ECU=2.15151 G Norway AIP Norway 54.16 1 ECU=8.38725 KR Portugal AIP Portugal
40.21
Santa Maria FIRS-14.28
1 ECU=197.036 ESC Slovenia AIP Slovenia 69.18 1 ECU=152.185 SIT Spain AIP Espana
Madrid & Barcelona
FIRS-47.13 Canaries
FIRS-50.23
1 ECU=158.232 Pts Switzerland AIP Switzerland 83.63 1 ECU=1.61858 SF Turkey AIP Turkey 33.55 1 ECU=37876.5 LT United Kingdom United Kingdom Air Pilot 76.68 1 ECU=£0.790531
c
For Schedule 3 thereof there shall be substituted —
SCHEDULE 3
Regulation 7
(1) (2) (3) Aerodromes of departure (or of first destination) situated Aerodromes of first destination (or of departure) Amount of the charge in ECUs
ZONE I — between W01400 and W11000 and North of N5500 with the exception of Iceland Copenhagen 535.30 Frankfurt 1178.73 London 751.33 Paris 1014.39 Prestwick 393.37 ZONE II — between W04000 and W11000 and N2800 and N5500 Abidjan 184.93 Amman 1703.18 Amsterdam 735.82 Athens 1168.05 Banjul 179.21 Barcelona 758.86 Basle 938.99 Belfast 179.10 Berlin 1017.70 Birmingham 430.04 Bordeaux 544.37 Bristol 434.22 Brussels 759.53 Bucharest 1623.16 Budapest 1422.81 Cairo 1139.59 Cardiff 311.37 Casablanca 397.71 Cologne-Bonn 891.52 Copenhagen 711.80 Dakar 179.07 Dublin 146.87 Düsseldorf 881.05 East Midlands 473.54 Frankfurt 994.22 Geneva 906.51 Glasgow 257.47 Hamburg 898.01 Helsinki 536.45 Istanbul 1594.27 Jeddah 1168.38 Johannesburg 179.50 Kiev 949.32 Lagos 180.07 — between W04000 and W11000 and N2800 and N5500 Las Palmas (Canary Islands) 539.92 Leeds and Bradford 423.70 Lille 670.13 Lisbon 434.74 London 515.68 Luxembourg 880.75 Lyons 799.69 Maastricht 815.39 Madrid 569.06 Malaga 666.34 Manchester 391.57 Manston 582.12 Marseille 956.92 Milan 1003.99 Monrovia 179.21 Moscow 504.73 Munich 1205.64 Nantes 447.43 Naples 1049.02 Newcastle 405.96 Nice 1022.56 Oporto 309.87 Oslo 490.32 Ostend 650.66 Paris 694.01 Ponta Delgada (Azores) 185.93 Prague 1188.44 Prestwick 257.47 Riyadh 1546.65 Rome 1150.08 Sal Island (Cape Verde) 179.07 Santa Maria (Azores) 198.92 Santiago 263.23 Shannon 106.21 Sofia 1504.66 Stockholm 430.75 Stuttgart 1049.87 Tel-Aviv 1493.75 Tenerife 498.71 Timisoara 1623.16 Toulouse-Blagnac 696.09 Turin 1041.93 Vienna 1422.37 Warsaw 861.62 Zürich 1033.58 ZONE III — West of W11000 and between N2800 and N5500 Amsterdam 842.89 Copenhagen 613.94 Düsseldorf 939.71 Frankfurt 1000.29 Geneva 1197.53 Glasgow 351.19 London 707.94 Luxembourg 1046.14 Madrid 428.17 Manchester 558.73 Milan 1027.24 Munich 1407.48 Paris 844.13 Prestwick 351.19 Rome 1027.24 Shannon 101.18 Zürich 1272.50 ZONE IV — West of W04000 and between N2000 and N2800 (including Mexico) Amsterdam 761.24 Barcelona 910.98 Berlin 933.03 Brussels 774.04 Cologne-Bonn 856.40 Düsseldorf 934.17 Frankfurt 1003.64 Hamburg 939.00 Helsinki 532.11 Las Palmas (Canary Islands) 634.20 Lisbon 508.57 London 553.26 Madrid 628.93 Manchester 381.19 Milan 963.73 Munich 1204.99 Paris 691.79 Prague 1196.13 Rome 1126.11 Sal Island (Cape Verde) 116.95 Santa Maria (Azores) 200.06 Santiago 486.88 Shannon 207.79 Vienna 1399.81 Zürich 1028.01 ZONE V — West of W04000 and between the Equator and N2000-West of W0400 and between the Equator and N2000 Amsterdam 980.05 Barcelona 944.22 Bordeaux 785.02 Brussels 888.50 Cologne-Bonn 1122.67 Düsseldorf 1012.43 Frankfurt 1142.04 Glasgow 410.08 Hamburg 1067.79 Helsinki 936.43 Las Palmas (Canary Islands) 648.15 Lisbon 603.34 London 794.31 Lyons 1048.37 Madrid 766.73 Manchester 553.88 Marseilles 1191.68 Milan 1161.26 Munich 1266.59 Nantes 755.23 Oporto 586.82 Paris 902.06 Porto Santo (Madeira) 388.51 Prestwick 410.08 Rome 1305.55 Santa Maria (Azores) 251.75 Santiago 590.89 Shannon 328.64 Tenerife 643.13 Toulouse-Blagnac 1015.45 Vienna 1285.79 Zürich 1247.78
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
5th April 1995


text:
1
This Order may be cited as the Value Added Tax (Ships and Aircraft) Order 1995 and shall come into force on 1st January 1996.
2
Group 8 (Transport) of Schedule 8 to the Value Added Tax Act 1994 shall be amended as follows —
a
For Item 1 there shall be substituted —
1
The supply, repair or maintenance of a qualifying ship or the modification or conversion of any such ship provided that when so modified or converted it will remain a qualifying ship.
;
b
For Item 2 there shall be substituted —
2
The supply, repair or maintenance of a qualifying aircraft or the modification or conversion of any such aircraft provided that when so modified or converted it will remain a qualifying aircraft.
;
c
After Item 2 there shall be inserted —
2A
The supply of parts and equipment, of a kind ordinarily installed or incorporated in, and to be installed, or incorporated in, —
a
the propulsion, navigation or communication systems; or
b
the general structure,
of a qualifying ship or, as the case may be, aircraft.
2B
The supply of life jackets, life rafts, smoke hoods and similar safety equipment for use in a qualifying ship or, as the case may be, aircraft.
;
d
In Item 10 —
i
at the end of paragraph (a) delete “or”;
ii
in paragraph (b) for “items 1 to 9 and 11” substitute “items 1 and 2, 3 to 9 and 11; or”; and
iii
after paragraph (b) insert —
c
the supply of any goods of a description falling within items 2A or 2B.
;
e
Before Note (1) there shall be inserted —
A1
In this Group —
a
a “qualifying ship”is any ship of a gross tonnage of not less than 15 tons which is neither designed nor adapted for use for recreation or pleasure; and
b
a “qualifying aircraft”is any aircraft of a weight of not less than 8,000 kilogrammes which is neither designed nor adapted for use for recreation or pleasure.
;
f
In Note (1) before the word “ship” where it first appears there shall be inserted the word “qualifying”;
g
In Note (2) after “2” there shall be inserted “, 2A, 2B”;
h
After Note (2) there shall be inserted —
2A
Items 2A and 2B do not include the supply of parts and equipment to a Government department unless —
a
they are installed or incorporated in the course of a supply which is treated as being made in the course or furtherance of a business carried on by the department; or
b
the parts and equipment are to be installed or incorporated in ships or aircraft used for the purpose of providing rescue or assistance at sea.
;
i
In Note (7) for the words “do not include the supply of any services where the ships or aircraft referred to in those paragraphs are of the descriptions specified in paragraphs (a) and (b) of item 1 or in paragraphs (a) and (b) of item 2”there shall be substituted “only include supplies of services where the ships or aircraft referred to in those paragraphs are qualifying ships or, as the case may be, aircraft.”.
Derek Conway
Simon Burns
Two of the Lord Commissioners of Her Majesty’s Treasury
28th November 1995


text:
Citation and commencement
1
This Order may be cited as the Approval of Codes of Management Practice (Residential Property) Order 1995 and shall come into force on 1st January 1996.
Approval of code of practice
2
“The Association of Retirement Housing Managers' Code of Practice for the Management of Leasehold Sheltered Housing”, which was submitted for approval on 17th August 1995 by the Association of Retirement Housing Managers, to be published by that body and to be printed by RAP Limited, 201 Spotland Road, Rochester, Kent, ME1 2AB ( ISBN 0-9526691-092) is approved.
Transitional provision
3
Article 2 does not apply for the purposes of section 87(7)(a) and (b) of the Leasehold Reform, Housing and Urban Development Act 1993 (use of code in proceedings) in relation to an act or omission occurring before this Order comes into force.
Signed by authority of the Secretary of State for the Environment
James Clappison
Parliamentary Under-Secretary of State,
Department of the Environment
17th October 1995
William Hague
Secretary of State for Wales
19th October 1995


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 1995, shall apply throughout the United Kingdom and shall come into force on 1st April 1995.
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 to these Regulations, or of the Treaties relating to the accession to the European Communities, respectively, of the Hellenic Republic signed at Athens on 28th May 1979 and of the Kingdom of Spain and the Portuguese Republic signed, respectively, at Madrid and Lisbon on 12th June 1985 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 whose movement has been 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 county established by section 20 of 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, 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 Wales, a county council;
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 1994 are hereby revoked subject to paragraphs (5) and (6) below.
5
In relation to the application of Part III of these Regulations and Schedules 4 to 6 to any wine produced from grapes harvested before 1st September 1993, that Part and those Schedules shall be read as if their contents were identical to those of the corresponding Part of and Schedules to the Common Agricultural Policy (Wine) Regulations 1993 .
6
In relation to the application of Part III of these Regulations and Schedules 4 to 6 to any wine produced from grapes harvested before 1st September 1994, that Part and those Schedules shall, unless paragraph (5) above applies, be read as if their contents were identical to those of the corresponding Part of and Schedules to the Common Agricultural Policy (Wine) Regulations 1994.
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) of this regulation.
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 organisation 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 organisation 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 land or a vehicle used solely as a dwelling), for the purposes 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 or 1994 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 , or
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 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; and
c
specifying the Community provision in respect of which the officer has reason to believe that an offence has been, is being or is likely to be committed.
3
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.
4
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.
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.
Authorised officer acting in good faith
11
1
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 and within the scope of his employment, if he did that act in the belief to which paragraph (5) below applies.
2
Nothing in paragraph (1) above shall be construed as relieving an enforcement authority from any liabilitiy in respect of the acts of its authorised officers.
3
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 satisified 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.
4
Subject to paragraph (5) below, this regulation applies to any person accompanying an authorised officer and acting under his instructions as it applies to an authorsied officer.
5
The belief to which this paragraph applies is —
a
in relation to any act of an authorised officer, the honest belief that these Regulations required or empowered him to do it, and
b
in relation to any act of a person accompanying an authorised officer and acting under his instructions, the honest belief that these Regulations empowered the authorised officer to instruct him to do it.
Power to require analysis or examination
12
1
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
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
Any certificate of the results of an analysis or examination, transmitted by a food analyst or food examiner under this regulation shall be signed by or on behalf of that food analyst or food examiner, but the analysis or examination may be made by any person under the direction of the person by whom the certificate is signed; and any certificate so transmitted by a food analyst or food examiner shall be evidence of the facts stated therein unless any party to the proceedings requires that the person by whom it is signed or a person acting under his direction be called as a witness.
PART III
QUALITY WINES PRODUCED IN SPECIFIED REGIONS
Interpretation of Part III
13
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” mean, unless the context otherwise requires, English Vineyards and Welsh Vineyards as defined in regulation 14.
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
14
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, subject to any alteration of boundaries under Part IV of the Local Government Act 1972 , described in Part I of Schedule 4, and
b
Welsh Vineyards, comprising the areas of the counties, subject to any alteration of boundaries under Part IV of the Local Government 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
15
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
16
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
17
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
18
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
19
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
20
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 in Great Britain to a fine not exceeding the statutory maximum or on such conviction in Northern Ireland to a fine not exceeding £2,000; 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 in Great Britain to a fine not exceeding level 4 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £1,000.
Movement of a controlled wine–sector product
21
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(4) 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 in Great Britain to a fine not exceeding level 5 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £2,000.
Obstruction
22
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 in Great Britain to a fine not exceeding level 3 on the standard scale or on such conviction in Northern Ireland to a fine not exceeding £400.
Offences by officers of bodies corporate
23
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
24
In any proceedings for an offence under regulation 20 or 22(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.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
2nd March 1995
Hector Monro
Parliamentary Under–Secretary of State, Scottish Office
7th March 1995


text:
Citation and commencement
1
This Order may be cited as the Low Moor Tramway Light Railway Order 1995 and shall come into force on 21st September 1995.
Interpretation
2
1
In this Order unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them: —
“the Board” means the British Railways Board;
“the deposited plans” and “the deposited sections” mean respectively the plans and sections deposited in respect of the application for this Order with the Secretary of State for Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR, and at the registered office of the Trust, and marked as those plans and sections respectively;
“the former railway” means the former railway of the Board described in the Schedule to this Order and includes all the lands and works relating thereto;
“the principal Act ” means the Light Railways Act 1896;
“the Railway” means the railway authorised to be constructed and maintained by the Trust pursuant to article 4 of this Order;
“the Trust” means West Yorkshire Transport Trust Limited, a company incorporated under the Companies Acts 1948 to 1981 and having its registered office at Ludlam Street Depot, Mill Lane (Off Manchester Road), Bradford BD5 0HG.
2
In this Order, all distances, lengths, measurements and directions stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement and direction, and distances between points on the Railway shall be taken to be measured along the Railway.
Incorporation of Railways Clauses Consolidation Act 1845
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order: —
Section 18 (alteration of water and gas pipes, etc );
Section 24 (penalty for obstructing construction of railway);
Section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
Section 61 (company to make sufficient approaches and fences to highways crossing on the level);
Section 68 (accommodation works by company);
Section 105 (carriage of dangerous goods on railway);
Section 145 (recovery of penalties); and
Section 154 (transient offenders).
2
In those provisions, as incorporated in this Order —
“the Company” means the Trust;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works;
“the special Act ” means this Order.
Power to construct and maintain railway
4
1
Subject to the provisions of this Order, the Trust may construct and maintain the Railway hereinafter described on the line and according to the levels and within the limits of deviation shown on the deposited plans and the deposited sections and with all proper rails, plates, sidings, junctions, bridges, culverts, drains, approaches, roads, yards, buildings and other works and conveniences connected therewith including station premises, workshops and facilities; and may enter into agreements with any other person or body for such purposes.
2
The Railway shall be a passenger carrying tramway 1.5 kilometres in length commencing at a point at the proposed West Yorkshire Transport Centre at Low Moor 410 metres east of the bridge of Railtrack PLC ( No. 48) in the City of Bradford carrying Cleckheaton Road and terminating at a point 200 metres south of the Wyke Lane road crossing in the Metropolitan Borough of Kirklees.
3
Subject to the provisions of this Order the Railway may be worked as a light railway under the principal Act.
Power to deviate
5
In the construction of the Railway or any part thereof the Trust may deviate from the line or situation thereof shown on the deposited plans to the extent of the limits of deviation shown thereon and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 3 metres upwards or downwards or to such further extent as may be found necessary or convenient and as may be sanctioned by the Secretary of State.
Transfer of rights, etc. in former railway
6
Subject to the provisions of this Order the Railway or any part thereof shall be subject to all statutory and other provisions applicable to the former railway or any part thereof (insofar as the same are still subsisting and capable of taking effect) and the Trust shall to the exclusion of the Board be entitled to the benefit of and exercise all rights, powers and privileges and be subject to all obligations, statutory or otherwise, relating to the former railway (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
Gauge of the Railway and motive power
7
1
The Railway shall be constructed and operated on a gauge of 1435 millimetres and the motive power shall be electric or internal combustion or steam or horse or such other motive power as the Secretary of State may in writing approve.
2
If electrical power is used as motive power on the Railway such electrical power shall not be used in such a manner as to cause, or be likely to cause, any interference with telecommunications apparatus as defined in Schedule 2 to the Telecommunications Act 1984 or with telecommunications by means of such apparatus.
Provision as to bridges
8
Sections 116, 117 and 118 of the Transport Act 1968 shall apply to the bridges over the Railway (other than Cleckheaton Road bridge (No. 48)) as if references therein to the Board were references to the Trust.
For protection of sewerage and water undertakers
9
1
For the protection of sewerage and water undertakers (in this article referred to as “the undertakers”) the following provisions shall, unless otherwise agreed in writing between the Trust and the undertakers concerned, apply and have effect.
2
In this article, “relevant pipe” in relation to any of the undertakers has the meaning given in section 179(7) of the Water Industry Act 1991 .
3
Nothing in section 18 of the Railways Clauses Consolidation Act 1845 in its application to the Railway shall authorise the Trust to raise, sink or otherwise alter the position of, or in any way interfere with, any relevant pipe without the consent in writing of the undertaker concerned, such consent not to be unreasonably withheld.
4
a
The Trust shall not within the limits of deviation and without the consent of the undertakers concerned —
i
place or deposit any materials or erect any structure or works; or
ii
make any excavation to a depth of more than 300 millimetres below the surface of the ground,
in so far as the same is or would be carried out or situated within 15 metres (measured in any direction) of any part of a relevant pipe.
b
The undertakers concerned shall not withhold their consent under this paragraph to the construction of a single or double line of rails and shall not otherwise unreasonably withhold their consent under this paragraph but may grant their consent subject to reasonable conditions for the protection of a relevant pipe.
5
Where any relevant pipe is situated in or under any land owned or held for the purpose of the Railway the Trust shall at their own expense maintain all culverts over such relevant pipe which are in existence at the coming into force of this Order so as to leave the relevant pipe accessible for the purpose of repairs.
6
The Trust shall afford reasonable facilities to the undertakers for the execution of all such works and the doing of all such things as may be reasonably necessary to enable them to inspect, repair, maintain, renew, replace, remove, alter or use any relevant pipe.
7
a
The Trust shall compensate the undertakers —
i
for any damage done or disturbance caused to any relevant pipe; and
ii
or any other expenses, loss, damages, penalty or costs incurred by the undertakers,
by reason or in consequence of the execution, maintenance, user or failure of any of the works authorised by this Order or otherwise by reason or in consequence of the exercise by the Trust of the powers of this Order.
b
Nothing in this paragraph shall entitle the undertakers to any payment in respect of damage attributable to the neglect or default of the undertakers, their servants or agents.
8
Nothing in this Order shall prejudice or affect the rights of the undertakers in respect of any relevant pipe or the provisions of any agreement regulating the relationship between the Trust and the undertakers with regard to any relevant pipe and whether made before or after this Order comes into force.
9
The provisions of the Railways Clauses Consolidation Act 1845 applied by this Order shall be subject to the provisions of this article.
10
Any difference arising between the Trust and the undertakers under this article shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President for the time being of the Institution of Civil Engineers.
For the protection of public gas suppliers
10
Nothing in this Order shall prejudice or affect the statutory or other rights of any public gas supplier within the meaning of Part I of the Gas Act 1986 in or relating to any pipe, main or apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of any pipe, main or apparatus, being any pipe, main or apparatus or structure situate under, over or upon lands in or upon or near to which the Railway or any part thereof is constructed.
Power to lop trees overhanging railway
11
1
The Trust may fell or lop any tree or shrub near any part of the Railway, or cut back its roots, if it reasonably believes it to be necessary to do so to prevent the tree or shrub —
a
from obstructing or interfering with the construction, maintenance or operation of the Railway or any apparatus used for the purposes of the Railway, or
b
from constituting a danger to passengers or other persons using the Railway.
2
In exercising the powers in paragraph (1) above, the Trust shall do no unnecessary damage to any tree or shrub and shall pay compensation to any person for any loss or damage arising from the exercise of those powers.
3
Any dispute as to a person’s entitlement to compensation under paragraph (2) above, or as to the amount of the compensation, shall be determined under Part I of the Land Compensation Act 1961 .
Costs of order
12
All costs, charges and expenses incurred by the Trust in, or incidental to, the preparing for, obtaining and making of this Order or otherwise in relation thereto, shall be paid by the Trust and may in whole or in part be defrayed out of revenue.
Signed by authority of the Secretary of State for Transport
R. A. Allan
An Under Secretary,
Department of Transport
20th September 1995


text:
1
These Regulations may be cited as the Distraint by Collectors (Fees, Costs and Charges) (Amendment) Regulations 1995 and shall come into force on 8th September 1995.
2
1
The Distraint by Collectors (Fees, Costs and Charges) Regulations 1994 shall be amended in accordance with paragraphs (2) and (3) below.
2
In the Schedule to those Regulations for the words “The reasonable fees incurred” there shall be substituted the words “A sum not exceeding £12.50”.
3
In the Schedule to those Regulations for the entries in the Table under the heading “ 4. Sale ” there shall be substituted —
Where the sale is held on the auctioneer’s premises, for the auctioneer’s commission (to include all out-of-pocket expenses other than charges for advertising, removal and storage). 15 per cent. on the sum realised plus the reasonable costs of advertising, removal and storage. Where the sale is held on the debtor’s premises, for the auctioneer’s commission (not to include out-of-pocket expenses or charges for advertising). 7½ per cent. on the sum realised plus out-of-pocket expenses actually and reasonably incurred and the reasonable costs of advertising.
.
Simon Burns
David Willetts
Two of the Lords Commissioners of Her Majesty’s Treasury
17th August 1995


text:
Citation and commencement
1
This Order may be cited as the Royal Liverpool University Hospital National Health Service Trust Dissolution Order 1995 and shall come into force on 1st April 1995.
Dissolution of NHS trust
2
The Royal Liverpool University Hospital National Health Service Trust established by the Royal Liverpool University Hospital National Health Service Trust (Establishment) Order 1990 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
28th February 1995


text:
Commencement and citation
1
This Order may be cited as the A2 Trunk Road (Bexley) Red Route Experimental Traffic Order 1995, and shall come into force on 10 November 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) and 3(2) 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.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, The Bexley (Waiting and Loading Restriction) Order 1991 [BLB TMO 1991 008] is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in The Bexley (Waiting and Loading Restriction) Order 1991 [BLB TMO 1991 008] only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
8th September 1995


text:
1
This Order may be cited as the Education (Welsh Agricultural College Higher Education Corporation) (Dissolution) Order 1995 and shall come into force on 1st March 1995.
2
In this Order —
“ the Act ” means the Education Reform Act 1988; and
“the Corporation” means the Welsh Agricultural College Higher Education Corporation.
3
1
The Corporation is dissolved.
2
The property, rights and liabilities of the Corporation, other than rights and liabilities under any contract of employment, are transferred to and vest in the University College of Wales, Aberystwyth.
4
Section 127 of the Act shall apply in respect of any person employed immediately before 1st March 1995 by the Corporation to work solely at the institution conducted by the Corporation as if the references in that section —
a
to the transfer date were to 1st March 1995;
b
to the transferor authority were to the Corporation; and
c
to the Corporation were to University College of Wales, Aberystwyth.
John Redwood
Secretary of State for Wales
24th January 1995


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Special provisions) Order 1995, and shall come into force on 1st June 1995.
Interpretation
2
In this Order —
“finance agreement” means an agreement for the sale of goods whereby the property in those goods is not to be transferred until the whole of the price has been paid and the seller retains the right to repossess the goods;
“insurer” means a person permitted, in accordance with section 2 of the Insurance Companies Act 1982 , to effect and carry out contracts of insurance against risks of loss of or damage to goods;
“marine mortgage” means a mortgage which is registered in accordance with the Merchant Shipping (Registration, etc. ) Act 1993 and by virtue of which a boat (but not any share thereof) is made a security for a loan;
“aircraft mortgage” means a mortgage which is registered in accordance with the Mortgaging of Aircraft Order 1972 and by virtue of which an aircraft is made security for a loan;
“ the Act ” means the Value Added Tax Act 1994;
“the Manx Act ” means the Value Added Tax and other Taxes Act 1973 ;
“works of art” means the following goods —
pictures, collages and similar decorative plaques, paintings and drawings, executed entirely by hand by the artist, other than plans and drawings for architectural, engineering, industrial, commercial, topographical or similar purposes, hand- decorated manufactured articles, theatrical scenery, studio back cloths or the like of painted canvas,
original engravings, prints and lithographs, being impressions produced in limited numbers directly in black and white or in colour of one or of several plates executed entirely by hand by the artist irrespective of the process or of the material employed by him, but not including any mechanical or photomechanical process,
original sculptures and statuary, in any material, provided that they are executed entirely by the artist; sculpture casts the production of which is limited to eight copies (or, in relation to statuary casts produced before 1st January 1989, such greater number of copies as the Commissioners of Customs and Excise may in any particular case allow) and supervised by the artist or his successors in title;
tapestries and wall textiles made by hand from original designs provided by artists, provided that there are not more than eight copies of each,
individual pieces of ceramics executed entirely by the artist and signed by him,
enamels on copper, executed entirely by hand, limited to eight numbered copies bearing the signature of the artist or the studio, excluding articles of jewellery and goldsmiths' and silversmiths' wares,
photographs taken by the artist, printed by him or under his supervision, signed and numbered and limited to 30 copies, all sizes and mounts included;
“antiques” means objects other than works of art or collectors' items, which are more than 100 years old;
“collectors' items” means the following goods —
postage or revenue stamps, postmarks, first-day covers, pre-stamped stationery and the like, franked, or if unfranked not being of legal tender and not being for use as legal tender,
collections and collectors' pieces of zoological, botanical, mineralogical, anatomical, historical, archaeological, palaeontological, ethnographic or numismatic interest;
“motor car” means any motor vehicle of a kind normally used on public roads which has three or more wheels and either —
is constructed or adapted solely or mainly for the carriage of passengers; or
has to the rear of the driver’s seat roofed accommodation which is fitted with side windows or which is constructed or adapted for the fitting of side windows;
but does not include —
vehicles capable of acommodating only one person or suitable for carrying twelve or more persons;
vehicles of not less than three tonnes unladen weight;
caravans, ambulances and prison vans;
vehicles of a type approved by the Assistant Commissioner of Police of the Metropolis as conforming to the condition of fitness for the time being laid down by him for the purposes of the London Cab Order 1934
vehicles constructed for a special purpose other than the carriage of persons and having no other accommodation for carrying persons than such as is incidental to that purpose;
“second-hand goods” means tangible movable property that is suitable for further use as it is or after repair, other than motor cars, works of art, collectors' items or antiques and other than precious metals and precious stones;
“printed matter” includes printed stationery but does not include anything produced by typing, duplicating or photo-copying;
“auctioneer” means a person who sells or offers for sale goods at any public sale where persons become purchasers by competition, being the highest bidders.
Revocations
3
1
The Value Added Tax (Horses and Ponies) Order 1983 is hereby revoked.
2
The Value Added Tax (Special Provisions) Order 1992 is hereby revoked.
3
The Value Added Tax (Special Provisions) (Amendment) Order 1995 is hereby revoked.
Treatment of transactions
4
1
Each of the following descriptions of transactions shall be treated as neither a supply of goods nor a supply of services —
a
the disposal of any of the goods described in paragraph (3) below by a person who repossessed them under the terms of a finance agreement;
b
the disposal of any of the goods described in paragraph (3) below by an insurer who has taken possession of them in settlement of a claim under a policy of insurance;
c
the disposal of a boat by a mortgagee after he has taken possession thereof under the terms of a marine mortgage;
d
the disposal of an aircraft by a mortgagee after he has taken possession thereof under the terms of an aircraft mortgage;
if, in each case, the goods so disposed of are in the same condition at the time of disposal as they were when they were repossessed or taken into possession, as the case may be, and if a supply of them in the United Kingdom by the person from whom in each case they were obtained would not have been chargeable with VAT , or would have been chargeable with VAT on less than the full value of such supply.
2
Paragraph (1) of this article shall not apply to reimported goods which were previously exported from the United Kingdom or the Isle of Man free of VAT chargeable under the Act or VAT chargeable under Part I of the Manx Act by reason of the zero-rating provisions of either regulations made under either Act, or to imported goods which have not borne VAT chargeable under either of those Acts in the United Kingdom or the Isle of Man.
3
The goods referred to in subparagraphs (a) and (b) of paragraph (1) above are as follows:
a
works of art, antiques and collectors' items;
b
second-hand goods.
5
1
Subject to paragraph (2) below, there shall be treated as neither a supply of goods nor a supply of services the following supplies by a person of assets of his business —
a
their supply to a person to whom he transfers his business as a going concern where —
i
the assets are to be used by the transferee in carrying on the same kind of business, whether or not as part of any existing business, as that carried on by the transferor, and
ii
in a case where the transferor is a taxable person, the transferee is already, or immediately becomes as a result of the transfer, a taxable person or a person defined as such in section 2(2) of the Manx Act;
b
their supply to a person to whom he transfers part of his business as a going concern where —
i
that part is capable of separate operation,
ii
the assets are to be used by the transferee in carrying on the same kind of business, whether or not as part of any existing business, as that carried on by the transferor in relation to that part, and
iii
in a case where the transferor is a taxable person, the transferee is already, or immediately becomes as a result of the transfer, a taxable person or a person defined as such in section 2(2) of the Manx Act.
2
A supply of assets shall not be treated as neither a supply of goods nor a supply of services by virtue of paragraph (1) above to the extent that it consists of —
a
a grant which would, but for an election which the transferor has made, fall within item 1 of Group 1 of Schedule 9 to the Act; or
b
a grant of a fee simple which falls within paragraph (a) of item 1 of Group 1 of Schedule 9 to the Act,
unless the transferee has made an election in relation to the land concerned which has effect on the relevant date and has given any written notification of the election required by paragraph 3(6) of Schedule 10 to the Act , no later than the relevant date.
3
In paragraph (2) of this article —
“election” means an election having effect under paragraph 2 of Schedule 10 to the Act;
“relevant date” means the date upon which the grant would have been treated as having been made or, if there is more than one such date, the earliest of them;
“transferor” and“transferee” include a relevant associate of either respectively as defined in paragraph 3(7) of Schedule 10 to the Act.
4
There shall be treated as neither a supply of goods nor a supply of services the assignment by an owner of goods comprised in a hire-purchase or conditional sale agreement of his rights and interest thereunder, and the goods comprised therein, to a bank or other financial institution.
6
The following description of transaction shall be treated as a supply of services and not as a supply of goods– the exchange of a reconditioned article for an unserviceable article of a similar kind by a person who regularly offers in the course of his business to provide a reconditioning facility by that means.
7
The following description of transaction shall not be treated as the acquisition of goods from another member State– the removal of goods to the United Kingdom in pursuance of a supply to a taxable person, made by a person in another member State, where VAT on that supply is to be accounted for and paid in another member State by reference to the profit margin on the supply by virtue of the law of that member State corresponding to section 50A of the Act and any Orders made thereunder.
8
The following description of transaction shall be treated as neither a supply of goods nor a supply of services– the removal of goods to the United Kingdom in pursuance of a supply to a person, made by a person in another member State where VAT on that supply is to be accounted for and paid in another member State by reference to the profit margin on the supply by virtue of the law of that member State corresponding to section 50A of the Act and any Orders made thereunder.
9
The following description of transaction shall be treated as neither a supply of goods nor a supply of services– services in connection with a supply of goods provided by an agent acting in his own name to the purchaser of the goods the consideration for which is taken into account by virtue of article 12(6) below in calculating the price at which the agent obtained the goods.
10
The following description of transaction shall be treated as neither a supply of goods nor a supply of services– services in connection with the sale of goods provided by an auctioneer acting in his own name to the vendor or the purchaser of the goods the consideration for which is taken into account by virtue of article 12(7) below in calculating the price at which the auctioneer obtained (or as the case may be) sold the goods.
Self-supply
11
1
Where a person in the course or furtherance of any business carried on by him produces printed matter and the printed matter —
a
is not supplied to another person or incorporated in other goods produced in the course or furtherance of that business; but
b
is used by him for the purpose of a business carried on by him,
then, subject to paragraph (2) below, the printed matter shall be treated for the purposes of the Act as both supplied to him for the purpose of that business and supplied by him in the course or furtherance of that business.
2
Paragraph (1) of this article does not applyif —
a
the person is a fully taxable person;
b
the value of the supplies falling to be treated asmade by and to that person would not, if those were the only supplies made or to be made bythat person, make him liable to be registered for VAT pursuant to the provisions of Schedule1 to the Act; or
c
the Commissioners, being satisfied that the VAT (if any) which would be attributable to the supplies after allowing for any credit under sections 25 and 26 of the Act would be negligible, have given, and have not withdrawn, a direction that the paragraph is not to apply.
3
For the purposes of paragraph (2)(a) above, a person is a fully taxable person if the only input tax of his to which he is not entitled to credit at the end of any prescribed accounting period or longer period is input tax which is excluded from any credit under section 25 of the Act by virtue of any Order made under sub-section (7) of that section.
4
The preceding provisions of this article shall apply in relation to anybodies corporate which are treated for the purposes of section 43 of the Act as members of agroup as if those bodies were one person, but any printed matter which would fall to betreated as supplied to and by that person shall be treated as supplied to and by therepresentative member.
Relief for certain goods
12
1
Without prejudice to article 13 below and subject to complyingwith such conditions as the Commissioners may direct in a notice published by them for thepurposes of this Order or may otherwise direct and subject to paragraph (4) below, where aperson supplies goods of a description in paragraph (2) below, of which he took possessionin any of the circumstances set out in paragraph (3) below, he may opt to account for theVAT chargeable on the supply on the profit margin on the supply instead of by reference to its value.
2
The supplies referred to in paragraph (1) above are suppliesof —
a
works of art, antiques and collectors'items;
b
second-hand goods.
3
The circumstances mentioned in paragraph (1) aboveare —
a
that the taxable person took possessionof the goods pursuant to —
i
a supply in respect of which noVAT was chargeable under the Act or under Part I of the Manx Act;
ii
a supply on which VAT was chargeable on theprofit margin in accordance with paragraph (1) above or a corresponding provision madeunder the Manx Act or a corresponding provision of the law of another member State;
iii
a transaction which was treated by virtue of anyOrder made under Section 5(3) of the Act or under the corresponding provisions of the ManxAct as being neither a supply of goods nor a supply of services; or
iv
(if the goods are a work of art) a supply to thetaxable person by, or an acquisition from another member State by him from its creator or hissuccessor in title;
b
(if the goods are a work of art, an antique or a collectors' item) that they were imported by the taxable person himself.
4
A taxable person —
a
may not opt under paragraph (1) above where —
i
the supply is a letting on hire;
ii
an invoice or similar document showing an amount as being VAT or as being attributable to VAT is issued in respect of the supply;
iii
the supply is of an air gun unless the taxable person is registered for the purposes of the Firearms Act 1968 ; or
iv
the supply is of goods which are being disposed of in the circumstances mentioned in article 4(1)(a)(b)(c) or (d) above but which is not disregarded by virtue of that article;
b
may only exercise the option under paragraph (1) above in relation to supplies of —
i
works of art of which he took possession in the circumstances mentioned in paragraph (3)(a)(iv) above, or
ii
works of art, antiques or collectors' items of which he took possession in circumstances set out in paragraph (3)(b) above,
if at the same time he exercises the option in relation to the other.
5
Subject to paragraph (6) below, for the purposes of determining the profit margin —
a
the price at which goods were obtained shall be calculated as follows —
i
(where the taxable person took possession of the goods pursuant to a supply) in the same way as the consideration for the supply would be calculated for the purposes of the Act;
ii
(where the taxable person is a sole proprietor and the goods were supplied to him in his private capacity) in the same way as the consideration for the supply to him as a private individual would be calculated for the purposes of the Act;
iii
(where the goods are a work of art which was acquired from another member State by the taxable person pursuant to a supply to him by the creator of the item or his successor in title) in the same way as the value of the acquisition would be calculated for the purposes of the Act plus the VAT chargeable on the acquisition;
iv
(where the goods are a work of art, an antique or a collectors' item which the taxable person has imported himself) in the same way as the value of the goods for the purpose of charging VAT on their importation would be calculated for the purposes of the Act plus any VAT chargeable on their importation;
b
the price at which goods are sold shall be calculated in the same way as the consideration for the supply would be calculated for the purposes of the Act.
6
Subject to paragraph (7) below, where the taxable person is an agent acting in his own name the price at which the goods were obtained shall be calculated in accordance with paragraph (5)(a) above, but the selling price calculated in accordance with paragraph (5)(b) above shall be increased by the amount of any consideration payable to the taxable person in respect of services supplied by him to the purchaser in connection with the supply of the goods.
7
Instead of calculating the price at which goods were obtained or supplied in accordance with paragraph (6) above an auctioneer acting in his own name may —
a
calculate the price at which they were obtained by deducting from the successful bid the consideration for any services supplied by him to the vendor in connection with the sale of the goods;
b
calculate the price at which they were supplied by adding to the successful bid the consideration for any supply of services by him to the purchaser in connection with the sale of the goods,
in either (or both) cases excluding the consideration for supplies of services that are not chargeable to VAT.
8
Where a taxable person opts under paragraph (1) above in respect of goods of which he took possession in the circumstances set out in paragraph 3(a)(iv) and (b) above, the exercise of the option shall —
a
be notified by him to the Commissioners in writing;
b
have effect from the date of that notification or such later date as may be specified therein;
c
subject to paragraph (9) below, apply to all supplies of such goods made by the taxable person in the period ending 2 years after the date on which it first had effect or the date on which written notification of its revocation is given to the Commissioners, whichever is the later.
9
Notwithstanding paragraph (8)(c) above a taxable person may elect to account for VAT chargeable on any particular supply of such goods by reference to the value of that supply.
Global Accounting
13
1
Subject to complying with such conditions as the Commissioners may direct in a notice published by them for the purposes of this Order or may otherwise direct, and subject to paragraph (2) below, a taxable person who has opted under article 12(1) above may account for VAT on the total profit margin on goods supplied by him during a prescribed accounting period, calculated in accordance with paragraph (3) below, instead of the profit margin on each supply.
2
Paragraph (1) above does not apply to supplies of —
a
motor vehicles;
b
aircraft;
c
boats and outboard motors;
d
caravans and motor caravans;
e
horses and ponies;
f
any other individual items whose value calculated in accordance with article 12(5)(a) above, exceeds £500.
3
The total profit margin for a prescribed accounting period shall be the amount (if any) by which the total selling price calculated in accordance with paragraph (5) below, exceeds the total purchase price calculated in accordance with paragraph (4) below.
4
For the purposes of paragraph (3) above the total selling price shall be calculated by aggregating for all goods sold during the period the prices (calculated in accordance with article 12(5) or (6) above as appropriate) for which they were sold.
5
For the purposes of paragraph (3) above the total purchase price shall be calculated by aggregating for all goods obtained during the period the prices (calculated in accordance with article 12(5) above) at which they were obtained and adding to that total the amount (if any) carried forward from the previous period in accordance with paragraph (6) below;
6
If in any prescribed accounting period the total purchase price calculated in accordance with paragraph (5) above exceeds the total selling price, the excess amount shall be carried forward to the following prescribed accounting period for inclusion in the calculation of the total purchase price for that period.
Derek Conway
Andrew Mackay
Two of the Lord Commissioners of Her Majesty’s Treasury
10th May, 1995


text:
1
This Order may be cited as the Foreign Satellite Service Proscription Order 1995 and shall come into force on 5th December 1995.
2
The foreign satellite service which at the date of making this Order is known as XXX TV Erotica and which was formerly known as TV Erotica is hereby proscribed for the purposes of section 178 of the Broadcasting Act 1990.
Virginia Bottomley
Secretary of State for National Heritage
13th November 1995


text:
Citation and interpretation
1
1
This Order may be cited as the Coal Industry Act 1994 (Commencement No. 6) and Membership of the British Coal Corporation (Appointed Day) Order 1995.
2
In this Order “ the Act ” means the Coal Industry Act 1994.
Provisions coming into force on 30th June 1995
2
The following provisions shall come into force on 30th June 1995:
a
section 67(8) of the Act, so far as it relates to provisions coming into force by virtue of this Order; and
b
Part III of Schedule 11 to the Act so far as it relates to the repeals set out in the Schedule to this Order.
Appointed day for the purposes of section 23(1) of the Act
3
The day appointed for the purposes of section 23(1)(a), (b), (c) and (d) of the Act is 30th June 1995.
Tim Eggar
Minister for Industry and Energy,Department of Trade and Industry
8th June 1995


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementa– tion) (Amendment) Scheme 1995 and shall come into force on 12th April 1995.
2
In this Scheme —
“the operative date” means 12th April 1995;
“the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982 ; and
“lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme.
Amendment of article 5 of the principal Scheme
2
Paragraph (2) of article 5 of the principal Scheme shall be amended by substituting for the words “13th April 1994” the words “12th April 1995”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 to the principal Scheme (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies and table of loss of earnings and corresponding rate of lesser incapacity allowance) there shall be substituted the Schedule set out in the Schedule to this Scheme.
Transitional provision relating to amount of allowance payable
4
1
Paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of earnings required by article 7(2) of the principal Scheme had not been made by that date.
2
In such a case as is referred to in paragraph (1) above the beneficiary shall be treated as entitled, from the operative date, to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.
Transitional provision relating to claims not made, or made but not determined, before the operative date
5
1
Paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance —
a
was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme as it will have effect after the operative date; or
b
was made but not determined before the operative date.
2
Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall be paid at the rate which would have been payable in respect of that period had the amendment to the principal Scheme made by article 3 of this Scheme not been made.
Transitional provision relating to review and appeal
6
Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reviewed by the adjudication officer in the light of the amendments made by, and transitional provisions contained in, this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
6th March 1995
We consent,
Derek Conway
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
13th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Kent Ambulance National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 16th August 1995.
2
In this Order —
“the Authority” means the West Kent Health Authority;
“the Trust” means the Kent Ambulance 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 20th March 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th August 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
19th July 1995


text:
1
These Regulations may be cited as the Education (Bursaries for Teacher Training) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.
2
Regulation 1(2) of the Education (Bursaries for Teacher Training) Regulations 1994 shall be amended by the addition, at the end of the definition of “course of initial teacher training”, of the words “or which is at an institution accredited by the Teacher Training Agency or, in Wales, by the Higher Education Funding Council for Wales under paragraph 2(2) of that Schedule”.
Gillian Shephard
Secretary of State for Education
6th March 1995


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Sports and Leisure Management, Cleaning of Buildings and Repair and Maintenance of Vehicles) (Exemption) Order 1995 and shall come into force on 23rd November 1995.
Exemption of sports and leisure management
2
The management of sports and leisure facilities by the Peterborough City Council, the Croydon London Borough Council and the Tower Hamlets London Borough Council shall not be treated as a defined activity so long as it is undertaken —
a
in the case of the Peterborough City Council, at the Lido, Bishops Road, Peterborough, before 1st April 1997;
b
in the case of the Croydon London Borough Council, at the Water Palace, Purley Way, Croydon, before 1st September 1996;
c
in the case of the Tower Hamlets London Borough Council at–
i
York Hall, Old Ford Road, during the period beginning on 1st January 1996 and ending with 31st December 1996;
ii
the Mile End Stadium, Rhodeswell Road and the Langdon Park Sports and Community Centre, 7 Byron Street, during the period beginning on 1st April 1996 and ending with 31st December 1996.
Exemption of cleaning of buildings
3
The cleaning of buildings by the Harrow London Borough Council shall not be treated as a defined activity so long as it is undertaken at any of the sites listed in the Schedule to this Order before 1st April 1996.
Exemption of repair and maintenance of vehicles
4
1
The repair and maintenance of vehicles by the Sutton London Borough Council and the joint committee shall not be treated as a defined activity so long as it is undertaken in respect of a relevant vehicle and —
a
in the case of the Sutton London Borough Council, before 1st July 1996;
b
in the case of the joint committee, before 1st January 1996.
2
In this article —
“the joint committee” means the joint committee of the councils of the boroughs of Bradford, Calderdale, Kirklees, Leeds and Wakefield established on 1st April 1986 to discharge waste management functions in the area of the county of West Yorkshire; and
“relevant vehicle” means a vehicle used by the Sutton London Borough Council or the joint committee, as the case may be, in connection with any of their functions.
Signed by authority of the Secretary of State
David Curry
Minister of State,Department of the Environment
25th October 1995


text:
Citation and Commencement
1
These Regulations may be cited as the N-nitrosamines and N-nitrosatable Substances in Elastomer or Rubber Teats and Dummies (Safety) Regulations 1995 and shall come into force on 28th April 1995.
Interpretation
2
In these Regulations –
“N-nitrosatable substances” means any substances capable of being converted into N-nitrosamines;
“dummy” means a soother and includes an article made of elastomer or rubber used to satisfy sucking needs and to pacify infants;
“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply; and
“teat” includes a substitute nipple made of elastomer or rubber that when attached to a container holding a fluid permits a baby to obtain the fluid from the container by sucking.
Application
3
These Regulations apply to teats and dummies which are intended to be, or are, brought into contact with foodstuffs.
Supply
4
No person shall supply a teat or dummy unless the teat or dummy complies with the provisions of regulation 5 below.
Basic Rules and Criteria Applicable to the Method of Determining Release
5
A teat or dummy shall not pass on to release-test liquid (saliva test solution) under the conditions specified in Schedule 1 to these Regulations any N-nitrosamine and N-nitrosatable substance detectable by a method which complies with the criteria laid down in Schedule 2 to these Regulations and which can detect the following quantities –
i
0,01 mg in total of N-nitrosamines released/ kg (of the parts of the teat or dummy made of elastomer or rubber); and
ii
0,1 mg in total of N-nitrosatable substances/kg (of the parts of the teat or dummy made of elastomer or rubber).
Ferrers
Minister of State,
Department of Trade and Industry
4th April 1995