text:
Title, extent and commencement
1
These Regulations may be cited as the Cereal Seeds Regulations 1993, shall apply to Great Britain and shall come into operation on 1st September 1993.
Revocation of previous regulations
2
The Cereal Seeds Regulations 1985 , the Cereal Seeds (Amendment) Regulations 1987 and the Cereal Seeds (Amendment) Regulations 1989 are hereby revoked.
Interpretation
3
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Plant Varieties and Seeds Act 1964;
“Common Catalogue” means the Common Catalogue of varieties of kinds of agricultural plants published in the Official Journal of the European Communities;
“Higher Voluntary Standard” means the standards for wheat, durum wheat, spelt wheat, barley and oats which —
are higher than the minimum standards prescribed for Basic Seed, Certified Seed of the First Generation and Certified Seed of the Second Generation, and
are specified in Schedule 4,
being the standards and the level in respect of which an official certificate has been issued in accordance with Schedule 2;
“maintainer” means a person who is indicated in a National List or in the Common Catalogue as responsible for maintaining a plant variety in accordance with thecharacteristics to which regard was had when the plant varietywas entered in the Listor the Common Catalogue;
“marketing” includes the offer for sale, exposure for sale, sale and possession with aview to sale of seeds and any transaction in the course of business —
under which the property in seeds is transferred from one person to another,or
under which the seeds are made over by one person to another in pursuance of a contract under which the seeds will be used for producing further seedsor for producing plants or parts of plants for human or animal consumption;
and “market” and “marketed” shall be construed accordingly;
“Member State” means a Member State of the Communities;
“the Minister” means, as respects England, the Minister of Agriculture, Fisheries andFood and, as respects Scotland or Wales, the Secretary of State, and “the Ministers” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales acting jointly;
“National List” means a list of varieties of kinds of cereals for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations 1982 ;
“official certificate” means a certificate issued by the Minister in accordance with Schedule 2 subject to the payment of any fees payable under seeds regulations and containing in respect of the seed to which it relates the particulars specified in Schedule 3 and “officially certified” shall be construed accordingly;
“offical examination” means —
an examination carried out by or on behalf of the Minister, subject to an application for such examination having been made to the Minister in such form and manner and at such time as the Minister may, at his discretion,require and to the payment of any fees payable under seeds regulations,
an examination carried out by or on behalf of the Department of Agriculturefor Northern Ireland, or
in relation to seeds produced elsewhere than in the United Kingdom, an examination approved by the Minister;
“official label” means a label issued or authorised by the Minister, subject to the payment of any fees payable under seeds regulations, and “official inner label” shall be construed accordingly;
“seed lot” means an identifiable consignment of seeds of a weight not exceeding that specified in Part II of Schedule 5, bearing a unique reference number, in which the seeds shall have been so mixed or blended that, as far as is practicable, the seed lot shows no evidence of heterogeneity;
“seeds regulations” means regulations made under section 16 of the Act and for the time being in force;
“small package” means a package containing a net weight of not more than 15 kilograms of Pre-basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or a mixture of seeds.
2
A reference in these Regulations to a numbered regulation or Schedule shall beconstrued as a reference to the regulation or Schedule bearing that number in these Regulations.
3
In these Regulations —
“Uncertified Pre-basic Seed” means seeds of maize of a generation earlier than that of Basic Seed —
which have been produced in the United Kingdom by or under the responsibility of the maintainer, and
which are intended for the production of Pre-basic Seed or Basic Seed;
“Breeder’s Seed” means seeds of oats, barley, wheat, durum wheat, spelt wheat, triticale or rye of a generation earlier than that of Pre-basic Seed —
which have been produced by or under the responsibility of the maintainer carrying out in the United Kingdom the duties of a maintainer set out inregulation 19 of the Seeds (National Lists of Varieties) Regulations 1982,
which are intended for the production of Pre-basic Seed or, with the written authority of the Minister, of Basic Seed, and
which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
“Pre-basic Seed” means seeds of a generation earlier than that of Basic Seed —
which have been produced by or under the responsibility of the maintainer, and
which —
as respects seeds of maize, have been produced from Uncertified Pre-basic Seed, or from Pre-basic Seed, and are intended for the productionof Pre-basic Seed, Basic Seed or, with the written authority of the maintainer, Certified Seed, or
as respects seeds of oats, barley, wheat, durum wheat, spelt wheat, triticale or rye, have been produced —
from Breeder’s Seed, and is intended to be used for the productionof Pre-basic Seed or Basic Seed, or with the written authority of the maintainer and the Minister, Certified Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation, or
from Pre-basic Seed, and is intended to be used for the productionof Pre-basic Seed, Basic Seed or, with the written authority of the maintainer, Certified Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation, and
which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued inaccordance with Schedule 2;
“Basic Seed” means —
seeds of oats, barley, wheat, durum wheat, spelt wheat, rye and triticale,other than hybrids of rye and of triticale,
which have been produced by or under the responsibility of the maintainer from Pre-basic Seed or, with the written authority of the Minister, from Breeder’s Seed,
which are intended for the production of Certified Seed of the First Generation or Certified Seed of the Second Generation, and
which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
seeds which are intended for the production of hybrids of oats, barley, wheat, durum wheat, spelt wheat and rye,
which have been produced by or under the responsibility of the maintainer from Pre-basic Seed or, with the written authority of the Minister from Breeder’s Seed, and
which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
seeds of open pollinated varieties of maize,
which have been produced from Uncertified Pre-basic Seed or Pre-basic Seed by or under the responsibility of the maintainer,
which are intended for the production of Certified Seed of the same variety, top cross hybrids or inter-varietal hybrids, and
which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
seeds of inbred lines of maize, which have been produced from Uncertified Pre-basic Seed or Pre-basic Seed and which satisfy the requirements forBasic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
seeds of single cross hybrids of maize,
which have been produced from Uncertified Pre-basic Seed or Pre-basic Seed and are intended for the production of double cross hybrids, threeway cross hybrids or top cross hybrids, and
which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
“Certified Seed” means seeds of maize and rye and hybrids of oats, barley, wheat, durum wheat and spelt wheat —
which have been produced directly from Basic Seed or,
in the case of maize, with the written authority of the maintainer, from Pre-basic Seed, or
in the case of rye and hybrids of oats, barley, wheat, durum wheat and spelt wheat,
with the written authority of the maintainer, directly from Pre-basicSeed which has itself been produced from Pre-basic Seed, or
with the written authority of the maintainer and the Minister, directly from Pre-basic Seed which has been produced from Breeder’s Seed,
which are intended mainly for the production of plants or parts of plants for human or animal consumption, and
which satisfy the requirements for Certified Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
“Certified Seed of the First Generation” means seeds of oats, barley, wheat, durum wheat, spelt wheat and triticale —
which have been produced,
directly from Basic Seed, or
with the written authority of the maintainer, directly from Pre-basic Seed which has been produced from Pre-basic Seed, or
with the written authority of the maintainer and the Minister, directly from Pre-basic Seed which has been produced from Breeder’s Seed,
which are intended either for the production of Certified Seed of the Second Generation or mainly for the production of plants or parts of plants for human or animal consumption, and
which satisfy the requirements for Certified Seed of the First Generation set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2.
“Certified Seed of the Second Generation” means seeds of oats, barley, wheat, durum wheat and spelt wheat —
which have been produced,
directly from Basic Seed or Certified Seed of the First Generation, or
with the written authority of the maintainer, directly from Pre-basic seed which has been produced from Pre-basic seed, or
with the written authority of the maintainer and the Minister, directly from Pre-basic Seed which has produced from Breeder’s Seed,
which are intended mainly for the production of plants or parts of plants for human or animal consumption, and
which satisfy the requirements for Certified Seed of the Second Generation set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2.
4
For the purposes of these Regulations seeds marketed in accordance with regulation 5(1)(b) or (c) below shall be deemed to fall within the meaning of the appropriate category of seeds set out in paragraph (3) above.
5
In these Regulations, in relation to the varieties, inbred lines and hybrids of maize —
“open pollinated variety” means a sufficiently uniform and stable variety;
“inbred line” means a sufficiently uniform and stable line, obtained either by artificial self-fertilisation together with selection over several successive generations or by equivalent operations;
“single cross hybrid” means the first generation of a cross between two inbred lines, defined by the maintainer;
“double cross hybrid” means the first generation of a cross between two single cross hybrids, defined by the maintainer;
“three way cross hybrid” means the first generation of a cross between an inbred line and a single cross hybrid, defined by the maintainer;
“top cross hybrid” means the first generation of a cross between either an inbred line or a single cross hybrid and an open pollinated variety, defined by the maintainer;
“inter-varietal hybrid” means the first generation of a cross between plants grown from Basic Seed of two open pollinated varieties, defined by the maintainer.
Seeds to which the Regulations apply
4
1
Subject to paragraph (2) and (3) below, these Regulations apply to cereal seeds of the kinds set out in Schedule 1 being seeds intended to be used only for the production of agricultural crops.
2
These Regulations shall not apply to —
a
seeds which are marketed for delivery elsewhere than in a Member State,
b
seeds used or to be used for research or experiment,
c
seeds used or to be used in the course of a process of selection, and
d
seeds which are marketed with a view to processing, treatment or cleaning, where the identity of the seeds is stated by the person by whom they are marketed.
3
Where a person (“the first person”) makes an arrangement under which some other person (“the second person”) uses seeds which are under the control of the first person for the purpose of —
a
increasing the first person’s stock of seeds for sowing, or
b
carrying out tests or trials thereon, and
under that arrangement the whole of the material produced from the seeds (whether directly or indirectly) and any unused seeds become or remain the property of the first person, these Regulations shall not apply to the marketing of the seeds by the first person to the second person as part of that arrangement or to the marketing by the second person to the first person of seeds produced (whether directly or indirectly) from those seeds.
Marketing of seeds
5
1
Subject to the provisions of this regulation, no person shall market any seeds unless they are seeds of plant varieties which may be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982 unless they are marketed in seed lots or in parts of seed lots and unless they are —
a
Uncertified Pre-basic Seed, Breeder’s Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation, or
b
seeds which have been produced and packaged in a Member State other than the United Kingdom, which have been labelled appropriately in accordance with the requirements of regulation 9(1), (2), (3), (4), (5), (6), (8), (9), (10), (11) and (13) and which —
i
in the case of a small package of seeds, have been sealed in accordance with the requirements of regulation 8(3), or
ii
in the case of all other seeds, have been officially sealed in a Member State other than the United Kingdom, or
c
seeds which have been produced elsewhere than in a Member State and which are marketed in accordance with, and subject to, the conditions imposed by a general licence granted by the Ministers under the authority of this paragraph, which licence shall have effect during the period specified in it unless the Ministers earlier revoke it.
2
Paragraph (1) above shall not prevent the marketing of —
a
a mixture of kinds of seeds to which these Regulations apply,
b
a mixture of varieties of a kind of seeds to which these Regulations apply, being a mixture which is effective, as such, in reducing the incidence of a disease or pest of plants, or
c
kinds or varieties of seeds to which these Regulations apply included in mixtures of seeds permitted by the Fodder Plant Seeds Regulations 1993 ,
but each constituent of such mixtures, to which these Regulations apply, shall consist ofseeds meeting the requirements of paragraph (1) above.
3
The Minister may, by a general licence which may impose conditions and which shall have effect during the period specified in it unless the Minister earlier revokes it, —
a
authorise any person to market as Breeder’s Seed, Pre-basic Seed, Basic Seed,Certified Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation, seeds which fail in some respect to satisfy the requirementsfor such seeds set out in Schedule 4 or Schedule 5,
b
modify the labelling requirements set out in Schedule 6,
c
authorise any person to market seeds which, notwithstanding the requirements of the Seeds (National Lists of Varieties) Regulations 1982, are of a variety not entered in a National List or in the Common Catalogue,
d
authorise any person to market —
i
Basic Seed produced directly from Breeder’s Seed,
ii
Certified Seed produced directly from Pre-basic Seed,
iii
Certified Seed of the First Generation produced directly from Pre-basic Seed,
iv
Certified Seed of the Second Generation produced directly from Pre-basic Seed,
e
authorise any person to market seeds in respect of which an official certificate has not been issued in accordance with paragraph 1 of Schedule 2,
but in all other respects, unless expressly otherwise stated in the licence, the provisions of these Regulations shall apply in relation to the marketing of the seeds.
4
Any person may market to a person engaged in the business of trading in seeds, other than by way of retail sale, seeds which have been imported from a country other thana Member State notwithstanding that such marketing would otherwise be prohibited by virtue of paragraph (1)(c) above.
5
Notwithstanding the requirement in Part II of Schedule 4 that Basic Seed shall attain the minimum standards of germination specified in the said Schedule any person may,subject to the requirements of regulation 9(3) market as Breeder’s Seed, Pre-basic Seed or Basic Seed, seeds which in other respects satisfy the requirements of Basic Seed set out in the said Schedule and in respect of which an official certificate has been issued inaccordance with Schedule 2 but which attain a lower percentage of germination than that specified in Schedule 4 in relation to seeds of that kind.
6
In a case where the official examination in respect of the germination of any seed lot has not been completed, but a preliminary test of germination has shown that the seeds attain the appropriate minimum standard of germination specified in Part II of Schedule 4 and the seeds in other respects satisfy the appropriate requirements of the said Schedule,the seed lot or any part of the seed lot may, subject to the requirements of paragraph (8)below and regulations 8 and 9, be marketed.In the event of any such marketing the seller of the seeds shall, upon or before delivery, provide the purchaser with a written statementthat the seeds are marketed before the completion of the official germination test together with the result of the preliminary test of germination.In the event of the official germination test showing the failure of the seeds to comply with the minimum germination standard by paragraph 3 of Part II of Schedule 4 for seeds of that kind, the seller shall provide the purchaser with the result of the completed test, in writing, as soon as practicable and in any event not later than seven days after being informed of it.
7
The provisions of paragraph (6) above shall not apply to the marketing of any seed lot or part of any seed lot in respect of which a previous official examination has shown that the seed fails to meet the standards set out for such seed in Part II of Schedule 4.
8
A person who sells any seeds in accordance with paragraph (6) above shall make and, during a period of twelve months following the delivery of the seeds, keep available for inspection by an officer of the Minister a record of the date of such delivery, of the reference number of the seed lot delivered, of the name and address of the purchaser, of the date on which the preliminary test of germination was carried out and of the result of that test and, if appropriate, the date on which the purchaser was informed of the result of the completed official germination test.
9
Paragraphs (5) and (6) above shall not apply to seeds which have been imported from a country other than a Member State unless they have been produced directly from Pre-basic Seed, Basic Seed or Certified Seed of the First Generation produced in a Member State.
10
Where seeds are sampled for the official examination referred to in paragraph 2(c) of Schedule 2 in an untreated state and are subsequently subjected to chemical treatment the seller shall, upon or before delivering the seeds to the purchaser, provide him with a statement in writing that the seeds have been subsequently subjected to chemical treatment and specifying the chemical nature of such treatment.
11
Where in the course of the marketing of any seeds it is stated or indicated in any label or notice affixed to, contained in or marked on any package of seeds or in any document accompanying the seeds, that the seeds attain the Higher Voluntary Standard, those seeds shall be required to meet the appropriate standards prescribed in Parts I, II and IV of Schedule 4, and the person marketing the seeds shall be deemed to state for the purposes of these Regulations and in relation to the particulars given to a purchaser that the seeds attain the said Higher Voluntary Standard.
12
Any mixture of seeds to which the provisions of paragraph (11) above relate shall be required to meet the appropriate standards prescribed in seeds regulations in respect of all its constituent parts.
13
Seeds which have been produced and packaged in a Member State other than the United Kingdom, notwithstanding that they have not been officially certified as Certified Seed in that Member State, may be imported but shall not be marketed in the United Kingdom unitl they have been officially certified in the United Kingdom.
14
Seeds which have been produced from Basic Seed, Certified Seed of the First Generation or Generations prior to Basic Seed which have been officially certified in the United Kingdom and which have undergone field inspections and satisfied the conditions for the appropriate category laid down in Part I of Schedule 4 may be marketed to Member states other than the United Kingdom notwithstanding that they have not been officially certified as Certified Seed.Such seed shall be packed and labelled with official labels and be accompanied by an official document complying with the conditions laid down in Schedule 6 Part IF and in accordance with the provisions laid down in regulations 8 and 9.
Official certificates
6
1
An application for the issue of an official certificate in respect of a seed lot of Breeder’s Seed, Pre-basic Seed, Basic Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation —
a
shall be made in writing to the Minister in such form and manner, and shall be accompanied by such documents, as the Minister may require; and
b
shall be made not later than the fifteenth day of March of the second year following the year of harvest of the crop from which the seed lot is obtained or within such other time as the Minister may allow.
2
Where an application for the issue of an official certificate is made to the Minister in accordance with paragraph (1) above the Minister shall deal with the application in accordance with the provisions of Schedule 2.
3
An official certificate which has been issued by the Minister may be withdrawn by him in respect of either the whole of a seed lot or any part of a seed lot and any seeds from which an official certificate has been so withdrawn shall be deemed not to have been officially certified if —
a
the results of an official examination of the seeds in respect of which the official certificate has been issued are declared null and void in accordance with paragraph (2) of regulation 7, or
b
information has been received by him which, if known to him before the official certificate was issued, would have resulted in the application for its issue being refused on the grounds that the seeds did not meet the requirements of seeds regulations.
4
Where, in accordance with paragraph (3) above, seeds are deemed not to have been officially certified the seller of the seeds shall, as soon as practicable and in any case not later than 7 days after being informed of it notify the purchaser, in writing, that the seeds have not been officially certified.
Sampling
7
1
A sample of seeds taken for the purposes of an official examination shall be taken, subject to the payment of any fees payable under seeds regulations, by a person authorised by the Minister in that behalf and in accordance with the requirements contained in Schedule 5.
2
If a sample of seeds taken for the purposes of an official examination is found not to have been taken in accordance with the requirements of seeds regulations no, or no further, official examination shall be made of that sample, and any findings or results obtained in the course of any official examination of the sample of seeds already made shall be deemed null and void.
Sealing of packages
8
1
No person shall market in accordance with regulation 5(1)(a) or (2), a package (other than a package of Uncertified Pre-basic Seed or a small package of seeds) of Breeder’s Seed, Pre-basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or a mixture of seeds unless it has been, not later than at the time of sampling, sealed by or under the supervision of a person authorised by the Minister in that behalf in such a manner that when the package is opened the sealing device will be broken and cannot be re-used.
2
If a package of seeds which has been sealed in accordance with paragraph 1 above or imported in accordance with regulation 5(1)(b) or (c) shall have been opened it may not be re-sealed or further re-sealed except by or under the supervision of a person authorised by the Minister in that behalf.
3
No person shall market a package of Uncertified Pre-basic Seed or a small package of seeds in accordance with regulation 5(1)(a) or (2) unless it has been sealed with a sealing device in such a manner that when the package is opened the sealing device is broken and cannot be re-used.
Labelling of packages
9
1
Subject to paragraph (12) below, no person shall market any seeds in accordance with regulation 5(1)(a) or (2) except in a package which, not later than at the time of sealing, is labelled, inscribed or otherwise dealt with in accordance with this regulation.
2
A package (other than a small package) of Breeder’s Seeds, Pre-basic Seed, Basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation or a mixture of seeds shall have affixed on the outside an official label containing, as appropriate to the seeds, particulars of the matters specified, and being of at least the size and of the colour also specified in Part I of Schedule 6, which shall be either an adhesive label or a label secured to the package by a sealing device approved by the Minister and shall be affixed (in either case) by or under the supervision of a person authorised by the Minister in that behalf.
3
If in accordance with regulation 5(5) a person shall market any Breeder’s Seed,Pre-basic Seed or Basic Seed of a lower percentage of germination than that specified in Schedule 4 the fact be stated on the official label, or included in the particulars printed of stamped on the package in accordance with paragraph (5) of this regulation and a supplier’s label affixed to the outside of the package shall contain a statement of thegermination of the seeds together with the name and address of the seller and the reference number of the lot.
4
A person who markets a package (other than a small package) containing a mixture of seeds shall, with the seeds or not later than 14 days after the sale or delivery (whicheveris the later) of the seeds, give to the purchaser a statement in writing on a label attached to the package, or on the package itself or on an invoice or other document associated withthe seeds, containing particulars, as appropriate to the seeds, of the matter specified in Part IE of Schedule 6.
5
Notwithstanding paragraphs (2), (3) and (4) above, a package (other than a small package) of Basic Seed, Certified Seed, Certified Seed of the First Generation or Certified Seed of the Second Generation may be marked if —
a
the appropriate particulars of the matters specified in Part I of Schedule 6 are printed or stamped indelibly on the package in a panel of at least the size and ofthe colour so specified, and
b
the requirements of Part V of that Schedule are satisfied.
6
A package (other than a small package) of Breeder’s Seed, Pre-basic Seed, Certified Seed, Certified Seed of the First Generation, Certified Seed of the Second Generation ora mixture of seeds all shall contain an official inner label which shall be of the same colouras, and in addition to, the official label affixed to the outside of the package in accordancewith paragraph (2) above.The official inner label shall contain particulars of the reference number of the lot and of the kind or, in any case of a mixture of the proprietary name ofthe mixture or of the kinds of the constituents and, in case of Breeder’s Seed, Pre-basicSeed, Basic Seed, Certified Seed, Certified Seed of the First Generation or Certified Seedof the Second Generation, of the variety; except that if such particulars are printed indelibly on the outside of the package or if the official label is an adhesive or a tear-resistant label the official inner label referred to in this paragraph shall not be required.
7
A package of Uncertified Pre-basic Seed shall have affixed on the outside a label containing, as appropriate to the seeds, particulars of the matters specified and being of the colour also specified in Part II of Schedule 6; except that if such particulars are printedindelibly on the outside of the package, the said label shall not be required.
8
A small package of seeds shall have affixed on the outside a label containing, as appropriate to the seeds, particulars of the matters specified and being of the colour also specified in Part III of Schedule 6; except that if such particulars are printed indelibly onthe outside of the package, the said label shall not be required.
9
A person who markets a small package containing a mixture of seeds shall, with the seeds or no later than 14 days after the sale or delivery (whichever is the later) of the seeds, give to the purchaser a statement in writing, on a label attached to the package, on the package itself or on an invoice or other document associated with the seeds, containing particulars as appropriate to the seeds of the matters specified in Part IE of Schedule 6.
10
If a package of seeds shall have been re-sealed in accordance with regulation 8(2) above this fact shall be stated on the official label, together with the month and year of re-sealing and the name of the authority responsible for the re-sealing.
11
If any seeds have been subjected to any chemical treatment this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either —
a
on a separate supplier’s label, or
b
on the label referred to in paragraph (2), (3), (4), (5), (7), (8) or (9) above or, where such a label is not required, with the particulars otherwise given in accordance with those paragraphs,
and also, except where the label referred to in paragraph (2), (3), (4), (7), (8) or (9) above is not required or where the information prescribed by this paragraph is given on an adhesive or tear-resistant label, either on the outside of the package or in a statement enclosed in the package.
12
A person may sell any seeds otherwise than in a package which is labelled, inscribed or otherwise dealt with in accordance with this regulation where —
a
the seeds are sold by way of retail sale in a quantity not exceeding 5 kilograms, and
b
the seeds are taken, in the presence of the purchaser, from a container on which there is clearly and visibly marked or near which there is clearly and visibly displayed a statement containing particulars of the matter specified in Part IV of Schedule 6.
13
The particulars and information given in accordance with this regulation shall be given in one of the official languages of the Community.
14
Subject to the provisions of the Act and of these Regulations, no person shall, in the course of the marketing or the preparation for the marketing of any seeds by himself or by any other person, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label affixed to, contained in or marked on any package of seeds or which is to be so affixed, contained or marked.
Civil liabilities of sellers of seeds
10
1
The particulars given to a purchaser by the seller of seeds to which these Regulations apply, whether given in pursuance of these Regulations expressly or by implication arising from the description under which the seeds are sold, shall constitute a statutory warranty for the purpose of section 17 of the Act in so far as they relate to the category of the seeds, the level of the seeds, the percentage germination of the seeds, the percentage analytical purity of the seeds, the content of seeds of other plants species and the varietal identity and varietal purity of the seeds or, in the case of a mixture of seeds permitted by regulation 5(2), of each of its constituents to which these Regulations apply.
2
Section 17(2) of the Act shall apply to any particulars given to a purchaser by the seller of seeds, being particulars given or implied as in paragraph (1) above, in so far as they relate to the percentage germination, the percentage analytical purity, or the content of seeds of other plant species and there are hereby prescribed in respect of such matters the limits of variation set out in Schedule 7.
3
Section 17(3) of the Act shall apply to any particulars given to a purchaser by the seller of seeds, being particulars given or implied as in paragraph (1) above, in so far as they relate to the percentage germination, the percentage analytical purity or the content of seeds of other plant species.
4
A purchaser who intends to obtain a test of seeds for the purposes of section 17(3) of the Act shall, not been more than 10 days after delivery to him of the seeds or of the particulars prescribed in regulation 9(4) or (9) (whichever is the later), give to the seller written notice of his intention and thereupon the seller may indicate a day (not being more than 21 days after the delivery of the seeds or of the said particulars, whichever is the later, to the purchaser) and a reasonable time on that day at which a sample of the seeds may be taken in the presence of himself or his representative and the purchaser shall afford to the seller reasonable facilities for that purpose.
5
On the day and at the time appointed by the seller in accordance with paragraph (4) above or, if the seller shall have failed to appoint such a day and time, on a day not more than 28 days after delivery of the seeds or of the said particulars (whichever is the later) to the purchaser, the purchaser or his representative may, and if the seller or his representative is present shall, take a sample of seeds.Such sample shall be taken and divided by the purchaser or his representative into two parts in accordance with the requirements contained in Part I of Schedule 5, each part being of at least the appropriate minimum weight specified in Part II of Schedule 5, of which one part shall be sent to the Chief Officer of an official seed testing station for the purpose of being tested and the other part delivered or tendered to the seller or his representative or, if he or his representative was not present when the sample was taken, sent to him by post.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
30th July 1993.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
2nd August 1993
John Redwood
Secretary of State for Wales
29th July 1993


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Value Added Tax Act 1983 (Interest on Overpayments etc) (Prescribed Rate) Order 1993 and shall come into force on 6th February 1993.
2
For the purposes of section 38A of the Value Added Tax Act 1983 the prescribed rate shall be 8 per cent.
Tim Wood
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
4th February 1993


text:
Citation and commencement
1
1
These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No.2) Regulations 1993 and shall come into force on 25th May 1993.
2
In these Regulations —
a
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
b
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
c
“the Community Charge Benefits Regulations ” means the Community Charge Benefits (General) Regulations 1989 ;
d
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 .
Amendment of the Housing Benefit Regulations
2
1
The Housing Benefit Regulations shall be amended in accordance with the provisions of this regulation.
2
In regulation 79 (review of determinations) —
a
in paragraph (1) at the beginning there shall be inserted the words “Subject to paragraph (1A),”;
b
after paragraph (1), there shall be inserted the following paragraph —
1A
In paragraph (1)(c) the expression “a mistake as to the law” shall not include any question as to whether, in making any provision in a regulation or Order, the Secretary of State went beyond the powers exercisable by him.
;
c
in paragraph (2) after the words “Notwithstanding paragraph (1),” there shall be inserted the words “except in the case of a question to which paragraph (1A) refers,”.
3
In Schedule 2 paragraph 13 (severe disability premium) —
a
in sub-paragraph (2)(a) for the words “or lone parent” there shall be substituted the words “, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A) — ”;
b
after sub-paragraph (2) there shall be inserted the following sub-paragraph
2A
Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of paragraph 12(1)(a)(v) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.
;
c
in sub-paragraph (3) the word “either” shall be omitted and after head (b) the word “or” and the following head shall be added —
c
a person who is blind or is treated as blind within the meaning of paragraph 121)(a)(v) and (2).
.
Amendment of the Income Support Regulations
3
1
Schedule 2 paragraph 13 to the Income Support Regulations (severe disability premium) shall be amended in accordance with the provisions of this regulation.
2
In sub-paragraph (2)(a) for the words “or a lone parent” there shall be substituted the words “, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A)”.
3
After sub-paragraph (2) there shall be inserted the following sub-paragraph
2A
Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.
.
4
In sub-paragraph (3) after head (c) the word “or” and the following head shall be added —
d
a person who is blind or is treated as blind within the meaning of paragraph 12(1)(a)(iii) and (2).
.
Amendment of the Community Charge Benefits Regulations
4
1
The Community Charge Benefits Regulations shall be amended in accordance with the provisions of this regulation.
2
In regulation 67 (review of determinations) —
a
in paragraph (1) for the words “paragraph (1A),” there shall be substituted the words “paragraphs (1A) and (1B),”;
b
after paragraph (1A), there shall be inserted the following paragraph —
1B
In paragraph (1)(c) the expression “a mistake as to the law” shall not include any question as to whether, in making any provision in a regulation or Order, the Secretary of State went beyond the powers exercisable by him.
;
c
in paragraph (2) after the words “Notwithstanding paragraph (1),” there shall be inserted the words “except in the case of a question to which paragraph (1B) refers,”.
Amendment of the Council Tax Benefit Regulations
5
1
The Council Tax Benefit Regulations shall be amended in accordance with the provisions of this regulation.
2
In regulation 69 (review of determinations) —
a
in paragraph (1) at the beginning there shall be inserted the words “Subject to paragraph (1A),”;
b
after paragraph (1) there shall be inserted the following paragraph —
1A
In paragraph (1)(c) the expression “a mistake as to the law” shall not include any question as to whether, in making any provision in a regulation or Order, the Secretary of State went beyond the powers exercisable by him.
;
c
in paragraph (2) after the words “Notwithstanding paragraph (1),” there shall be inserted the words “except in the case of a question to which paragraph (1A) refers,”.
3
In Schedule 1 paragraph 14 (severe disability premium) —
a
in sub-paragraph (2)(a) for the words “or lone parent” there shall be substituted the words “, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (2A)”;
b
after sub-paragraph (2) there shall be inserted the following sub-paragraph
2A
Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of paragraph 13(1)(a)(v) and (2), that partner shall be treated for the purposes of sub-paragraph (2)(b)(ii) as if he were not a partner of the claimant.
;
c
in sub-paragraph (3) the word “either” shall be omitted and after head (b) the word “or” and the following head shall be added —
c
a person who is blind or is treated as blind within the meaning of paragraph 13(1)(a)(v) and (2).
.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
26th April 1993


text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities' Traffic Orders (Procedure) (England and Wales) (Amendment) Regulations 1993 and shall come into force on5th July 1993.
Preliminary
2
The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1989 (“the principal Regulations”) shall be amended in accordance with the provisions of these Regulations.
Amendments of regulation 2 (interpretation)
3
1
Regulation 2 shall be amended as follows.
2
In paragraph (1),
a
after the definition of “the 1985 Act” there shall be inserted the following definition —
“the 1991 Act ” means the New Roads and Street Works Act 1991 ;
;
b
after the definition of “fire authority” there shall be inserted the following definition —
“highway authority” has the same meaning as in the Highways Act 1980 ;
; and
c
after the definition of “road” there shall be inserted the following definition —
“trolley vehicle” does not include a duobus as defined in the Tramcar and Trolley Vehicles (Modification of Enactments) Regulations 1992 ;
.
3
After paragraph (2), there shall be inserted the following paragraphs —
2A
A reference in these Regulations to —
a
a concessionaire, or
b
a road subject to a concession,
shall, in relation to England and Wales, be construed in accordance with section 1 of the 1991 Act.
2B
A reference in these Regulations to a concessionaire shall, in relation to Scotland, be construed in accordance with section 28 of the 1991 Act.
Amendment of regulation 3 (application)
4
In regulation 3, in paragraph (1), “30,” shall be omitted and after that paragraph there shall be inserted the following paragraph —
1A
These Regulations also apply to notices given under section 35C and 46A of the 1984 Act.
Amendments of regulation 5 (consultation)
5
In regulation 5, for paragraph (1) there shall be substituted the following paragraph —
1
Before making an order, the order making authority shall —
a
where they are not the traffic authority for any road to which the order relates, consult the traffic authority for that road;
b
where they are not the highway authority for any highway to which the order relates, (if they are not required to consult the same authority under sub-paragraph (a)) consult the highway authority for that road;
c
where the order would be likely to have a direct effect on traffic or any class of traffic on any road for which another authority is the traffic authority and which is not a road to which the order relates, consult the traffic authority for that road;
d
where the order would be likely to have a direct effect on traffic or any class of traffic on a highway for which another authority is the highway authority and which is not a highway to which the order relates (if they are not required to consult the same authority under the foregoing provisions of this paragraph) consult the highway authority for that highway;
e
where it appears to them that the order would be likely to affect the operation of any tramcar or trolley vehicle, consult the operator of that vehicle;
f
where the order would be likely to have a direct effect on traffic or any class of traffic on —
i
a road which is subject to a concession, or
ii
a road in respect of which an assignation has been granted under section 28(1) of the 1991 Act,
consult the concessionaire;
g
where the order relates to a Crown road, consult the appropriate Crown authority for that road;
h
in all cases, consult such representative organisations (if any) as appear to the order making authority to be appropriate;
and for the purposes of sub-paragraph (h), a representative organisation is an organisation representing persons who use any road to which the order relates or are likely to be affected by any provisions of the order.
Amendment of regulation 6 (publication of proposals)
6
In regulation 6(1)(c), after the word “if” there shall be inserted the words “and to the extent that”.
Amendment of regulation 7 (objections)
7
In regulation 7(3) for the words “other than a trunk road” there shall be substituted the words “other than a road for which the Secretary of State is the traffic authority”.
Amendment of regulation 9 (notice of public inquiry)
8
In regulation 9(2)(d), after the word “if” there shall be inserted the words “and to the extent that”.
Amendment of regulation 16 (notice of the making of the order)
9
In regulation 16(1), for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
where the order making authority is not the fire authority for the area in which any road or other place to which the order relates is situated, forthwith give notice in writing of the making of the order to the chief officer of the fire authority for that area;
.
Amendment of regulation 19 (consolidation orders)
10
In regulation 19(1)(f) the words “and 10” shall be omitted.
Revocation of regulation 23 (playgrounds in London)
11
Regulation 23 shall be omitted.
Amendments to regulation 27 (Re-enactment of orders which in exceptional circumstances have been revoked before publication)
12
In regulation 27(1) for the words “regulation 25” there shall be substituted the words “regulation 26”.
Variation of charges at parking places
13
After Part V, there shall be inserted the following Part —
PART VA
PROCEDURE IN RELATION TO NOTICES UNDER SECTIONS 35CAND 46A OF THE ROAD TRAFFIC REGULATION ACT 1984
29A
1
This regulation makes provision for the procedure to be followed by a local authority when giving a notice under section 35C or 46A of the 1984 Act (“a notice of variation”).
2
Where a local authority proposes to give a notice of variation which would be likely to have a direct effect on traffic or any class of traffic on a road for which it is not the traffic authority, the authority shall, before giving the notice, send a draft of the notice to the traffic authority for that road.
3
A local authority shall give a notice of variation by publishing it in one or more newspapers circulating in the area in which the parking places to which the notice relates are situated at least 21 days before it is due to come into force.
4
A notice of variation shall —
a
specify the date upon which it is to come into force;
b
identify every parking place to which the notice relates; and
c
specify, in respect of each such parking place, —
i
all the charges payable as at the date the notice is given, and
ii
all charges that are to be payable when the notice comes into force.
5
Where a notice of variation relates to an off-street parking place, the local authority shall cause a copy of the notice to be displayed in one or more prominent positions in the parking place not later than the date of the giving of the notice and take all reasonable steps to ensure that it remains in a legible condition and continues to be so displayed until the date it comes into force.
6
Where a notice of variation relates to an off-street parking place, if and to the extent that it appears to the local authority that it would be desirable in the interests of giving adequate publicity to the notice so to do, the authority shall cause a copy of the notice to be displayed in one or more prominent positions in the road or roads giving access to the parking place.
7
Where a notice of variation relates to an on-street parking place, if and to the extent that it appears to the local authority that it would be desirable in the interests of giving adequate publicity to the notice so to do, the authority shall cause a copy of the notice to be displayed in one or more prominent positions in the road in which the parking place is situated.
Schedule 5 (minor orders)
14
In Schedule 5 Part I, after paragraph 8 there shall be inserted the following paragraphs —
8A
The variation of an order to the extent appearing to the order making authority to be necessary or expedient as a consequence of the coming into force of —
a
sections 64(1) and 65 to 72 of the Road Traffic Act 1991 in respect of any area;
b
a designation order made under section 76(1) of that Act (special parking areas in London); or
c
a designation order made under Schedule 3 to that Act (permitted and special parking areas outside London).
8B
The variation of an order so as to abrogate or qualify a provision under section 35(1)(iv), 46(2)(e) or 53(3) of the 1984 Act authorising a person to remove or arrange for the removal of a vehicle from a parking place.
Transitional
15
1
This regulation applies where an order making authority has, in relation to an order, complied with the requirements of regulation 5 of the principal Regulations before the coming into force of these Regulations.
2
In those circumstances, the order making authority shall, upon the coming into force of these Regulations and in relation to that order, be deemed to have complied with regulation 5 of the principal Regulations as amended by these Regulations.
3
In this regulation, “order” and “order making authority” have the same meanings as in the principal Regulations.
Signed by authority of theSecretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
10th June 1993
John Redwood
Secretary of State for Wales
14th June 1993


text:
1
1
This Order may be cited as the Civil Jurisdiction and Judgments (Authentic Instruments and Court Settlements) Order 1993 and shall come into force on 1st April 1993.
2
In this Order —
a
“ the Act ” means the Civil Jurisdiction and Judgments Act 1982,
b
“the Convention” means a Convention mentioned in section 13 of the Act,
c
“a Contracting State” means a Contracting State as defined in section 1 of the Act , and
d
references to authentic instruments and court settlements are references to those instruments and settlements referred to in Articles 50 and 51 of Title IV of the Convention.
2
1
Subject to the modification specified in paragraph (2), the following provisions of the Act shall apply to authentic instruments and court settlements which are not maintenance orders as if they were judgments, other than maintenance orders, to which the Convention applies —
section 4 (enforcement of judgments other than maintenance orders),
section 6(1) and (2) (appeals under Article 37 second paragraph and Article 41),
section 7(1), (2), (3) and (5) (interest on registered judgments).
2
In the application of section 4(3) of the Act to authentic instruments and court settlements, other than maintenance orders, for the words “as if the judgment had been originally given” there shall be substituted the words “as if it was a judgment which had been originally given”.
3
1
Subject to the modification specified in paragraph (2), the following provisions of the Act shall apply to authentic instruments and court settlements which are maintenance orders as if they were maintenance orders to which the Convention applies —
section 5 (recognition and enforcement of maintenance orders),
section 6(3),
section 7(1), (2), (4) and (5),
section 8 (currency of payment under registered maintenance orders).
2
In the application of section 5(4) of the Act to authentic instruments and court settlements which are maintenance orders, for the words “as if the order had been originally made” there shall be substituted the words “as if it was an order which had been originally made”.
4
1
Subject to the modification specified in paragraph (2), section 11 of the Act (proof and admissibility of certain judgments and related documents) shall apply to authentic instruments and court settlements as if they were judgments which had been given by courts of Contracting States other than the United Kingdom and to which the Convention applies.
2
In the application of section 11 to authentic instruments, for subsection (2) there shall be substituted the following —
2
A document purporting to be a copy of an authentic instrument drawn up or registered, and enforceable, in a Contracting State other than the United Kingdom is duly authenticated for the purposes of this section if it purports to be certified to be a true copy of such an instrument by a person duly authorised in that Contracting State to do so
.
5
1
Subject to the modifications specified in paragraph (2), section 12 of the Act (provision for issue of copies of, and certificates in connection with, United Kingdom judgments) shall apply to authentic instruments as it applies to judgments.
2
In the application of section 12 to authentic instruments —
a
for the words “Rules of court may” there shall be substituted the words “The Court of Session may by Act of Sederunt”;
b
for the words “judgment given by a court in the United Kingdom” there shall be substituted the words “a judgment within section 18(2)(c)”; and
c
the words “and the proceedings in which it was given” shall be omitted.
6
Section 15(2) and (3) of the Act (interpretation of Part I of the Act and consequential amendments) shall apply to authentic instruments and court settlements as if they were judgments to which the Convention applies.
7
The disapplication of section 18 of the Act (enforcement of United Kingdom judgments in other parts of United Kingdom) by subsection (7) thereof shall extend to authentic instruments and court settlements enforceable in a Contracting State outside the United Kingdom which fall to be treated for the purposes of their enforcement as judgments of a court of law in the United Kingdom by virtue of registration under section 4 or 5 of the Act, as applied by this Order.
8
Section 48 of the Act (matters for which rules of court may provide) shall apply to authentic instruments and court settlements as if they were judgments to which the Convention applies.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Kent Healthcare National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North Kent Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the North Kent Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services provided from Keycol Hill Hospital, Newington, Nr Sittingbourne, Kent ME9 8NG and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Medway Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Medway Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Medway Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
22nd October 1993


text:
1
These Regulations may be cited as the Rules of the Air (Amendment) Regulations 1993 and shall come into force on 12th March 1993.
2
The Schedule to the Rules of the Air Regulations 1991( ) shall be amended as follows:
1
In Rule 1(1) the definitions of “apron” and “manoeuvring area” shall be deleted.
2
At the end of Rule 7 there shall be added:
For the purposes of this rule the expression “simulated instrument flight” shall have the same meaning as in rule 6.
.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
11th February 1993


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Horsham District Council and Worthing Borough Council) Order 1993 and shall come into force on 15th October 1993.
Exemption of refuse collection
2
1
The collection of refuse by the Horsham District Council shall not be treated as a defined activity so long as it is undertaken in their area before 1st August 1996.
2
The collection of refuse, and cleaning (other than cleaning of buildings), by the Worthing Borough Council shall not be treated as defined activities so long as they are undertaken in their area before 1st August 1995.
Signed by authority of the Secretary of State
Tony Baldry
Parliamentary Under-Secretary of State,
Department of the Environment
15th September 1993


text:
1
These Regulations may be cited as the Value Added Tax (Cash Accounting) (Amendment) (No.2) Regulations 1993 and shall come into force on 3rd January 1994.
2
The Value Added Tax (Cash Accounting) Regulations 1987 shall be amended as follows.
3
In regulation 4 —
a
for paragraph (1)(b)
ii
there shall be substituted the following —
ii
agreed an arrangement with the Commissioners for an outstanding amount of such sums as are referred to in
i
above to be paid in instalments over a specified period; and
; and
b
in paragraph (1)(c) for “three years” there shall be substituted “period of one year”.
4
For paragraph (2) of regulation 6 there shall be substituted the following —
2
A person may, subject to regulation 10 below, remain in the scheme unless at the end of a prescribed accounting period of his the value of taxable supplies made by him in the period of one year then ending has exceeded £437,500 and the value of taxable supplies made by him in the period of one year then beginning has exceeded £350,000, in which case he shall cease to operate the scheme with effect from the end of the period of one year second mentioned.
5
In regulations 8 and 9(1) and (2) for “twelve”, in each place where that word occurs, there shall be substituted “six”.
E. Woods
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
6th December 1993


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Individual Pupils' Achievements) (Information) Regulations 1993 and shall come into force on 10th January 1994.
2
These Regulations apply in relation to pupils and former pupils at maintained schools in England only.
Revocation
2
The Education (Individual Pupils' Achievements) (Information) Regulations 1992 , except regulation 8, are revoked.
Interpretation
3
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Education Reform Act 1988;
“attendance record” means the record of a pupil’s school attendance contained in the Attendance Register kept in accordance with section 80 of the Education Act 1944 and the Pupils' Registration Regulations 1956 ;
“ GCE ‘AS’ level” and “GCE ‘AS’” mean General Certificate of Education advanced level and advanced supplementary respectively;
“ IB ” means International Baccalaureate Diploma;
“key stage” means any of the periods set out in paragraphs (a) to (d) respectively of section 3(3) of the Act, and a reference to the first, third or fourth key stage is a reference to the periods set out respectively in the said paragraphs (a), (c) and (d);
“levels” means the levels of attainment set out in any document of a kind referred to in section 4(4) of the Act the provisions of which have effect, or (as the case may be) have effect as amended, by virtue of any Order made under section 4(2)(a) or (b) of the Act and, unless the context otherwise requires, means such levels determined in accordance with the statutory arrangements;
“maintained school” has the meaning assigned to it by section 25(1) of the Act;
“ NC tests” means National Curriculum tests administered to pupils for the purpose of assessing the levels of attainment which they have achieved in attainment targets or in the core subjects;
“school day” means a day on which the school meets;
“teacher assessment” means assessment of a pupil’s level of attainment in an attainment target or core subject by the pupil’s teacher as specified in the statutory arrangements;
“the statutory arrangements” means assessment arrangements specified by orders made under section 4(2)(c) of the Act; and
“vocational qualification” includes a credit towards such a qualification.
2
In these Regulations a reference to an attainment target or subject from which a pupil is exempt is to an attainment target or subject which does not apply to a pupil by virtue of regulations made under section 17 of the Act, provision made pursuant to section 18 of the Act in the pupil’s statement of special educational needs made under section 7 of the Education Act 1981 or a direction given by the head teacher pursuant to regulations made under section 19 of the Act .
3
In these Regulations, unless the context otherwise requires, any reference to a regulation is a reference to a regulation in these Regulations and any reference in a regulation to a paragraph is to a paragraph of the regulation or Schedule in which the reference is made, and any reference to a sub-paragraph is a reference to a sub-paragraph of the paragraph in which the reference is made.
Head teacher’s report to parents and adult pupils
4
1
The head teacher of every maintained school shall each school year make available to the persons specified in paragraph (2) in writing a report containing the information specified in paragraphs (3) and (4).
2
The persons are —
a
in the case of pupils registered at the school aged 18 or over at the time a report is sent and who are not proposing to leave school by the end of the school year to which the report relates, each such pupil and, if the head teacher considers there to be special circumstances which make it appropriate, the parent of each such pupil;
b
in the case of all other pupils registered at the school, the parent of each such pupil.
3
The report shall contain the information about the educational achievements of the pupil to whom or to whose parent the report is sent and the other information relating to him specified —
a
as respects pupils in the final year of the first, third or fourth key stage, in Part 1 of Schedule 1 to these Regulations;
b
as respects pupils in any other year of a key stage, in Part 2 of Schedule 1;
c
as respects pupils who have been entered for GCE ‘AS’ level or GCE ‘AS’ examinations or IB or who have obtained a vocational qualification in Part 3 of Schedule 1; and
d
as respects all other pupils, in Part 4 of Schedule 1.
4
In the case of the pupils registered at the school in the final year of the first or third key stage there shall be included in the report the information relating to the educational achievements of all other such pupils registered at the school whose achievements were assessed at the same time as the pupil’s achievements, and the other information relating to such pupils, specified in Schedule 2 to these Regulations.
5
Nothing in this regulation shall prevent the information specified in paragraphs (3) and (4) being contained in more than one report provided that, subject to paragraph (7), the head teacher shall each school year send such information by post or otherwise before the end of the summer term.
6
The period to which a report containing any information specified in paragraph (3) relates shall in all cases begin with the later of —
a
the pupil’s admission to the school; or
b
the end of the period to which the last report on such matters made pursuant to these Regulations or as the case may be the regulations revoked by regulation 2 related.
7
Where any of the particulars necessary to provide the information specified in paragraph (8) are not received by the head teacher until after the end of the summer term, he shall send such information as soon as practicable and in any event not later than the following 30th September.
8
The information is —
a
the results of public examinations taken or details of vocational qualifications achieved by a pupil; or
b
such results or details in respect of a pupil over compulsory school age and not in any key stage; or
c
the results of NC tests taken by a pupil at the end of the third key stage by a designated body in accordance with the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 3) Order 1993 ; or
d
the information referred to in paragraph 2(3) of Schedule 1 and paragraph 2 of Schedule 2.
Additional information to be made available
5
1
In the case of a pupil in the final year of a key stage, the head teacher shall if requested by the pupil’s parent make available to the parent information consisting of his levels in each attainment target in any core subject if any information has not previously been made available pursuant to these Regulations.
2
The head teacher shall comply with such a request within fifteen school days of its receipt by him.
School leaver’s report
6
1
The head teacher of every maintained school shall make available to any pupil who has ceased to be of compulsory school age and is proposing to leave or has left the school the information referred to in paragraph (2).
2
The information consists of —
a
the pupil’s name:
b
the pupil’s school;
c
the results of any public examination taken by the pupil and any qualification and credits towards a qualification awarded to him; and
d
brief particulars of the pupil’s progress and achievements in other subjects and activities forming part of the school curriculum in the school year during or at the end of which the pupil left the school.
3
The information referred to sub-paragraphs (a), (b) and (d) of paragraph (2) shall be included under the heading “School Achievements” in the form specified in Schedule 3, or a form to the like effect, and the information referred to in sub-paragraphs (a) and (c) of paragraph (2) shall be so included under the heading “Qualifications and Credits”.
4
The part of the form in which the information referred to in sub-paragraphs (a), (b) and (d) of paragraph (2) is made available shall provide for signature by the pupil, and that part of the form and the part of the form in which the information referred to in sub-paragraphs (a) and (c) of paragraph (2) shall both provide for signature by a teacher who is familiar with the pupil and his achievements.
5
Such information shall be made available to the pupil not later than 30th September next following the end of the school year during or at the end of which the pupil left the school.
Report when pupil changes school
7
1
Subject to paragraph (4) where a pupil ceases to be a registered pupil at a maintained school (his “old” school) and becomes a registered pupil at another school (his “new” school), the head teacher of the pupil’s old school shall at the time referred to in paragraph (3) send to the head teacher of this new school a report about the pupil containing the information referred to in paragraph (2).
2
The information is —
a
the subject and attainment target levels achieved by the pupil in each of the core subjects shown by his most recent and all previous assessments (where available) in accordance with the statutory arrangements specifying both teacher and NC test assessed levels;
b
in the case of a pupil of compulsory school age, his teacher’s most recent assessments of his achievements in relation to all attainment targets in the core subjects, since the later of his last assessment in accordance with the statutory arrangements and his admission to the old school; and
c
the results of any public examination taken and details of vocational qualifications achieved by him (including results of such examinations taken and details of such qualifications achieved, when the pupil was a registered pupil at another maintained school).
3
The head teacher of the pupil’s old school shall send the report within 15 school days of the pupil’s ceasing to be registered at the school.
4
This regulation does not apply where it is not reasonably practicable for the head teacher of the old school to ascertain the pupil’s new school, nor where the pupil was registered at his old school for less than four weeks.
5
Notwithstanding paragraph (4) if the head teacher of the pupil’s old school receives at any time a request from the head teacher of the pupil’s new school for a report about the pupil he shall send one containing the information referred to in paragraph (2) within 15 school days of receiving the request.
Restrictions on provision of information
8
1
The provisions of paragraph (2) apply to the information required to be provided by regulation 4 consisting of brief particulars of a pupil’s skills and abilities and general progress.
2
Nothing in regulation 4 shall require the making available of any information —
a
originating from or supplied by or on behalf of any person other than —
i
an employee of the local education authority which maintains the school;
ii
in the case of a grant-maintained or voluntary aided school, a teacher or other employee at the school (including an educational psychologist engaged by the governing body under a contract for services);
iii
an education welfare officer (within the meaning of the Education (No.2) Act 1986) ;
iv
the person requesting disclosure; or
b
to the extent that it would reveal, or enable to be deduced, the identity of a person (other than the pupil to whom that information relates or a person mentioned in paragraph (a)) as the source of the information or as a person to whom that information relates.
3
Nothing in these Regulations shall require the making available of any information —
a
to the extent that disclosure would in the opinion of the head teacher be likely to cause serious harm to the physical or mental health or emotional condition of the pupil to whom the information relates or of any other person; or
b
to the extent that in the opinion of the head teacher it is relevant to the question whether the pupil to which it relates is or has been the subject of or may be at risk of child abuse; or
c
so as to disclose the levels in any attainment target or subject of any other pupil.
4
In this regulation “child abuse” includes physical (other than accidental) injury to, and physical and emotional neglect, ill-treatment or sexual abuse of, a child.
Translation of report
9
If it appears requisite to the head teacher of any school that any information which these Regulations require him to make available should be translated into a language other than English, it shall be so translated and these Regulations shall apply to the translated information as they apply to the original information.


text:
Citation and commencement
1
1
This Order may be cited as the City and London Borough Boundaries Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order —
“the City” means the City of London; any reference to Camden, Hackney, Islington or Tower Hamlets is a reference to the London borough of that name;
“the map” means one of the 3 maps prepared by the Department of the Environment, marked “Maps of the City and London Borough Boundaries Order 1993”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
any reference to a ward is a reference to a ward of the London borough or city from or to which an area is transferred and
“Westminster” means the city of Westminster.
Transfers between Camden and the City
3
1
The areas marked D and F on map 1 shall be transferred from the City, and from the Farringdon Without ward to —
a
Camden;
b
the Holborn ward;
c
the West Central petty sessional area;
d
the Inner North London coroner’s district; and to
e
the Metropolitan Police District.
2
The areas marked C, E and G on map 1 shall be transferred from Camden, and from the Holborn ward to —
a
the City;
b
the Farringdon Without ward;
c
the East Central petty sessional area; and to
d
the City of London coroner’s district;
and shall cease to form part of the Metropolitan Police District.
Transfers from Hackney to the City
4
The area marked D on map 2 shall be transferred from Hackney, and from the Moorfields ward to —
a
the City;
b
the Bishopsgate ward;
c
the City of London petty sessional area; and to
d
the City of London coroner’s district; and shall cease to form part of the Metropolitan Police District.
Transfer between the City and Islington
5
1
The following areas of the City —
a
the part of the Coleman Street ward marked C on map 2; and
b
the part of the Farringdon Without ward marked J on map 1 —
shall be transferred to Islington, to the East Central petty sessional area, and to the Inner North London coroner’s district. The area marked C on map 2 shall be transferred to the Bunhill ward, and that marked J on map 1 to the Clerkenwell ward. These areas shall form part of the Metropolitan Police District.
2
Each area of Islington described in column 1 of the following Table shall be transferred to the City, to the ward named in column 2, to the City of London petty sessional area, and to the City of London coroner’s district and shall cease to form part of the Metropolitan Police District.
TABLE
(1) (2) Description of area of Islington — Transferred to the City, and to the following ward —
The part of the Clerkenwell ward marked K on map 1 Farringdon Without The part of the Bunhill ward marked L on map 1 Cripplegate The parts of the Bunhill ward marked A and B on map 2 Cripplegate
Transfer from Camden to Islington
6
The area marked H on map 1 shall be transferred from Camden, and from the Holborn ward to —
a
Islington;
b
the Clerkenwell ward;
c
the East Central petty sessional area.
Transfers between the City and Tower Hamlets
7
1
Each area of the City described in column 1 of the following Table shall be transferred to Tower Hamlets, to the ward named in column 2, to the Thames petty sessional area, to the Inner North London coroner’s district, and shall form part of the Metropolitan Police District.
TABLE
(1) (2) Description of area of the City Transferred to Tower Hamlets, to the following ward —
The part of the Bishopsgate ward marked E on map 2 Spitalfields The parts of the Portsoken ward marked A, C and E on map 3 St Katherine's The parts of the Tower ward marked H and K on map 3 St Katherine's
2
Each area of Tower Hamlets described in column 1 of the following Table shall be transferred to the City, to the ward named in column 2, to the City of London petty sessional area, and to the City of London coroner’s district and shall cease to form part of the Metropolitan Police District.
TABLE
(1) (2) Description of area of Tower Hamlets Transferred to the City, and to the following ward —
The part of the Spitalfields ward marked F on map 2 Bishopsgate The part of St Katherine’s ward marked F on map 3 Aldgate The parts of St Katherine’s ward marked B and D on map 3 Portsoken The parts of St Katherine’s ward marked G, I and J on map 3 Tower
Transfers between the City and Westminster
8
1
The area marked A on map 1 shall be transferred from the City, and from the Farringdon Without ward to —
a
Westminster;
b
the St James’s ward;
c
the Inner West London coroner’s district; and to
d
the Metropolitan Police District.
2
The area marked B on map 1 shall be transferred from Westminster, and from the St James’s ward to —
a
the City;
b
the Farringdon Without ward; and to
c
the City of London coroner’s district; and shall cease to form part of the Metropolitan Police District.
Town and Country Planning
9
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Street Trading
10
The provisions of Part III of the London Local Authorities Act 1990 (Street Trading) shall continue to apply to the areas transferred to the City by virtue of articles 3(2), 4, 5(2), 7(2) and 8(2) and for the purposes of the said Part III the City shall be treated as a participating council.
Signed by authority of the Secretary of State
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
28th May 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the British Railways (Penalty Fares) Act 1989 (Activating No. 11) Order 1993 and shall come into force on 6th December 1993.
2
In this Order —
a
“ the Act ” means the British Railways (Penalty Fares) Act 1989;
b
“activating order” has the meaning assigned to it in section 3 of the Act;
c
any reference to a line on which train services are provided includes a reference to the named stations by which the ends of the line are defined.
Activation of penalty fares provisions
2
1
Subject to paragraphs (2) and (4) below, sections 4 to 9 of the Act shall have effect in respect of all train services and parts of train services provided by the Board on the lines specified in Part I of the Schedule to this Order.
2
Save as is mentioned in paragraph (3) below, sections 4 to 9 of the Act shal not have effect with respect to any part of a train service in a case where that service commences at a station which is not on a line specified in Part I of the Schedule to this Order.
3
Nothing in paragraph (2) above affects the application of paragraph (1) above to —
a
any part of a train service provided by the Board on the lines so specified where that service commences at a station on a line which —
i
is specified in the Schedule to any other activating order or, where that Schedule is divided into parts, in Part I of that Schedule, and
ii
is connected either directly, or by another line or lines of the description in sub-paragraph (i) above which are so connected, with a line specified in Part I of the Schedule to this Order;
b
any part of a train service provided by the Board on the lines specified in Part I of the Schedule to this Order where that service commences at a station on the line specified in Part II of the Schedule to this Order.
4
Sections 4 to 9 of the Act shall not have effect with respect to any part of a train service, other than a conductor train service, which commences at a station where, at the time of commencement of the part in question of the service, there was no ticket office open for the sale of fare tickets or any facility for the sale of deferred fare authorities.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
5th November 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Derbyshire Royal Infirmary National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Derbyshire Royal Infirmary National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Derbyshire Royal Infirmary National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Derbyshire Royal Infirmary, London Road, Derby DE1 2QY and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Southern Derbyshire Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Southern Derbyshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Southern Derbyshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Bowis
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
1
The length of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Warwickshire that the main new trunk road is open for through traffic.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purpose of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan (one sheet) contained in the folio numbered HA10/2WMROLVIII marked “The A435 Trunk Road (Alcester to Gorcott Hill) De-Trunking Order 1993” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the main new trunk road” means the new main trunk road as defined in article 1(a) of the A435 Trunk Road (Studley Bypass and Slip Roads) Order 1993.
iv
“the trunk road” means the Bath/Lincoln (TR44) Trunk Road (A435)
3
This Order shall come into force on 29th January 1993 and may be cited as the A435 Trunk Road (Alcester to Gorcott Hill) De-Trunking Order 1993.
Signed by authority of the Secretary of State for Transport
D. R. Ritchie
Regional Director West Midlands Region
Department of Transport
15th January 1992


text:
Citation and commencement
1
This Order may be cited as the Airports (Designation) (Removal and Disposal of Vehicles) (Amendment) Order 1993 and shall come into force on 1st November 1993.
Designation
2
In Schedule 1 to the Airports (Designation) (Removal and Disposal of Vehicles) Order 1990 (which lists the airports designated for the purposes of section 66 of the Airports Act 1986) there shall be inserted (at the appropriate places in alphabetical order) the following entries — “Bristol London Luton”.
Signed by authority of the Secretary of State for Transport
Caithness
Minister of State,
Department of Transport
25th August 1993


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) Order 1993 and shall come into force on 12th April 1993.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where both a Minister and one or more government departments are designated in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland department in pursuance of this Order, that are not made jointly with any Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
N. H. Nicholls
Clerk of the Privy Council


text:
Title, extent and commencement
1
This Order may be cited as the Plant Health (Great Britain) (Amendment) (Potatoes) Order 1993, shall extend to Great Britain and shall come into force on 21st January 1994.
Amendment of the Plant Health (Great Britain) Order 1993
2
1
The Plant Health (Great Britain) Order 1993 (“the principal Order”) is hereby amended by the substitution for Schedule 13 of the following Schedule —
SCHEDULE 13
SPECIAL MEASURES FOR THE CONTROL OF POTATO RING ROT
Article 18(7)
1
1
The purpose of this Schedule is to give effect to the Directive.
2
The provisions of —
a
the Directive specified in paragraph 2 below; and
b
the second paragraph of article 11 and the Annexes of the Directive,
shall have effect as if they were incorporated in this Schedule; and this Order shall be construed and have effect accordingly.
3
In this Schedule, “the Directive” means Council Directive 93/85/ EEC of 4th October 1993 on the control of potato ring rot .
2
It shall be the duty of the appropriate Minister to give effect to the requirements of paragraphs (1) and (2) of article 2, paragraph (1) of article 4 and articles 5 and 6 of the Directive.
3
Any person suspecting the occurrence, or actual presence of Potato Ring Rot in growing potatoes or harvested, stored or marketed tubers shall immediately notify the appropriate Minister or an inspector who shall determine whether any further investigation is necessary.
4
Subject to paragraph 8 below, no person shall hold or handle any plant or tuber affected with Potato Ring Rot or any other object or materials affected with it otherwise than in compliance with the provisions of this Schedule.
5
Subject to paragraph 8 below, —
a
no person shall plant any tuber or plant designated to be contaminated with Potato Ring Rot under article 5(1)(a) of the Directive; and
b
a notice under paragraph (1)(c) or (2)(i) of article 22 may require any such tuber or plant to be —
i
destroyed; or
ii
otherwise disposed of for the purposes set out in point 1 of Annex IV of the Directive but only if there is no identifiable risk of Potato Ring Rot spreading.
6
Subject to paragraph 8 below, —
a
no person shall plant any plant or tuber determined as probably contaminated with Potato Ring Rot under article 5(1)(b) of the Directive; and
b
a notice under paragraph (1)(c) or (2)(i) of article 22 may require any such tuber or plant to be put to an appropriate use or disposed of in accordance with point 2 of Annex IV of the Directive but only if there is no identifiable risk of Potato Ring Rot spreading.
7
Subject to a notice under paragraph 8 below, a notice under paragraph (1)(c) or (2)(i) of article 22 may require any machinery, vehicle, vessel, store, or units thereof, and any other objects including packaging material designated as contaminated under paragraph (1)(a) of article 5 of the Directive or determined as probably contaminated under paragraph (1)(b) of that article to be —
a
destroyed; or
b
cleansed and disinfected using appropriate methods as specified in point 3 of Annex IV of the Directive, whereupon they shall not be treated as contaminated.
8
The appropriate Minister or an inspector may by notice in writing given to the person having possession of the plants or tubers in question authorise exemptions from the requirements of article 6 of the Directive as applied by paragraph 2 above and of paragraphs 4 to 7 above and 10 below for experimental or scientific purposes or for work on varietal selection if he is satisfied that any such exemption would not prejudice the control of Potato Ring Rot or create a risk of its spread.
9
1
No person shall plant seed potatotes unless they —
a
meet the requirements of Directive 77/93/EEC on the protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community ; and
b
derive in a direct line from material obtained under an officially approved programme which has been found free from Potato Ring Rot in official or officially supervised testing pursuant article 8(1) of the Directive using the method set out in Annex I of the Directive.
2
The testing referred to in paragraph (1)(b) above shall be carried out —
a
in a case where contamination affects seed potato production, on the plants in the initial clonal selection; and
b
in any other case, either on the plants of the initial clonal selection or on representative samples of the basic seed potatoes or earlier propagations.
10
Subject to paragraph 8 above and without prejudice to the provisions of paragraphs 5 to 7 above, a notice under article 22 may require a series of measures as specified in point 4 of Annex IV of the Directive to be implemented.
11
Additional or stricter measures required to combat Potato Ring Rot or prevent it from spreading may be taken under this Order in accordance with article 11 of the Directive.
.
2
The principal Order is hereby further amended in Schedule 16 by the insertion, —
a
after the entry relating to the Act concerning the conditions of accession of the Hellenic Republic and the adjustment of the Treaties, of the following entries —
Council Directive 69/464 O.J. No. L323, 24.12.69, p.1. Council Directive 69/465 O.J. No. L323, 24.12.69, p.3.
and
b
at the end, of the following entry —
Council Directive 93/85/EEC O.J. No. L259, 18.10.93, p.1.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
20th December 1993.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
17th December 1993
John Redwood
Secretary of State for Wales
21st December 1993


text:
1
This Order may be cited as the Value Added Tax (Cars) (Amendment) Order1993 and shall come into force on 1st January 1994.
2
The Value Added Tax (Cars) Order 1992 shall be amended as follows —
a
in article 6(1)(d), delete —
“who is not a taxable person on”
and substitute —
“under an agreement which imposes a”.
after article 6(1) insert —
1A
Where a motor car has been used for the purpose described in paragraph (1)(d) above and the person to whom it is let on hire uses it in breach of the condition, paragraph (1) above shall apply as if the motor car had been used by the taxable person for the purpose of any business carried on by him primarily for a purpose other than one of the purposes described in sub-paragraph (1)(a) to (d) above.
;
in article 8(2)(e)(iv), delete —
“who is not a taxable person on”
and substitute —
“under an agreement which imposes a”.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
30th November 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Croydon Community National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 25th November 1993.
2
In this Order —
“the Authority” means Croydon Health Authority;
“the Trust” means the Croydon Community National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 31st March 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 25th November 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
26th October 1993


text:
1
This Order may be cited as the Combined Probation Areas (Amendment) (No. 2) Order 1993 and shall come into force on 1st April 1993 save that, for the purpose of making appointments by virtue of article 2 of this Order to take effect on 1st April 1993, this Order shall come into force forthwith.
2
For article 7 of the Combined Probation Areas Order 1986 , there shall be substituted the following article:
7
A committee shall appoint such person as it thinks fit as its secretary.
.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
14th March 1993


text:
1
The Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 shall continue in force for a period of twelve months beyond 31st August 1993, that day being the day on which they would otherwise expire.
2
This Order may be cited as the Army, Air Force and Naval Discipline Acts (Continuation) Order 1993.
N. H. Nicholls
Clerk of the Privy Council