text:
Citation and commencement
1
1
This Order may be cited as the East Sussex, West Sussex and Kent (County Boundaries) Order 1992.
2
This Order shall come into force on 1st October 1992 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 1993.
Interpretation
2
In this Order —
“district” includes a borough;
“East Sussex” means the county of East Sussex, and any reference to Brighton, to Hove, to Lewes, to Rother or to Wealden is a reference to the East Sussex district of that name;
“electoral division” means an electoral division of the county to which an area is transferred;
“Kent” means the county of Kent, and any reference to Tunbridge Wells is a reference to the Kent district of that name;
“the map” means one of the 16 maps prepared by the Department of the Environment, marked “Maps of the East Sussex, West Sussex and Kent (County Boundaries) Order 1992”, duly numbered for reference, and deposited in accordance with regulation 5 of the Local Government Area Changes Regulations 1976;
any reference to an area as unparished is a reference to that area not forming part of any parish;
any reference to a ward is a reference to a ward of the district to or from which an area is transferred, except in the expression “parish ward”, where it means a ward of the parish to which an area is transferred; and
“West Sussex” means the county of West Sussex, and any reference to Adur or to Mid Sussex is a reference to the West Sussex district of that name.
Transfers between East Sussex (Hove) and West Sussex (Adur)
3
1
The area which is marked A on map 1 shall be transferred from East Sussex, from Hove and from the Portslade South ward to —
a
West Sussex;
b
Adur, the Eastbrook ward, and the Southwick electoral division; and to
c
the Steyning petty sessional division, and the West Sussex coroner’s district;
the area shall remain unparished.
2
The areas which are marked B and C on map 1 shall be transferred from West Sussex, from Adur and from the Eastbrook ward to —
a
East Sussex;
b
Hove, the Portslade South ward, and the Portslade South electoral division; and to
c
the Hove petty sessional division and the East Sussex Western coroner’s district;
the areas shall remain unparished.
Transfers between East Sussex (Lewes) and West Sussex (Mid Sussex)
4
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from East Sussex, from Lewes and from the parish named in column 3 to —
a
West Sussex;
b
Mid Sussex;
c
the parish (if any), ward and electoral division mentioned in column 4; and to
d
the Mid Sussex petty sessional division and the West Sussex coroner’s district.
TABLE
(1) (2) (3) (4) Area marked On map Transferred from East Sussex, from Lewes and from the parish of — To West Sussex, to Mid Sussex, and to —
A 3 Ditchling
Parish of Keymer
Keymer ward
Hassocks and Burgess Hill West electoral division
D, E & F 4 Wivelsfield
Parish of Haywards Heath
Haywards Heath Franklands ward
Haywards Heath East electoral division
A 5 Wivelsfield
Parish of Lindfield Rural
Lindfield Rural ward
Cuckfield Rural electoral division
2
The following areas —
i
the parts of the parish of Haywards Heath marked A, B and C on map 4;
ii
the parts of the parish of Lindfield Rural marked A, B, C and D on map 6 —
shall be transferred from West Sussex and from Mid Sussex to East Sussex, to Lewes, to the Chailey electoral division, and to the Lewes petty sessional division and the East Sussex Western coroner’s district. They shall additionally be transferred to parishes and wards as follows —
Areas marked A and B on map 4, C on map 4a, and A on map 6
Parish of Wivelsfield
Wivelsfield ward
Areas marked B, C and D on map 6
Parish of Chailey
Chailey ward
Transfers between East Sussex (Wealden) and West Sussex (Mid Sussex)
5
1
Each area described in column 1 of the following Table shall be transferred from East Sussex and from Wealden to West Sussex, to Mid Sussex, to the Mid Sussex petty sessional division and the West Sussex coroner’s district, and to the parish, ward, and electoral division named in column 2.
TABLE
Description of area Transferred to West Sussex, to Mid Sussex and to —
This area appears in more detail marked B1 to B5 (inclusive) on map 10A.
The parts of the parish of Danehill marked A, B, C and F on map 7.
Parish of Horsted Keynes
Horsted Keynes ward
Cuckfield Rural electoral division
The parts of the parish of Forest Row marked A on map 9, A, B , C and D on map 10.
Parish of East Grinstead
East Grinstead East ward
East Grinstead East electoral division
The part of the parish of Forest Row marked A on map 8.
Parish of West Hoathly
West Hoathly ward
East Grinstead South electoral division
2
The parts of the parish of Horsted Keynes which are marked D and E on map 7 shall be transferred from West Sussex and from Mid Sussex to —
a
East Sussex;
b
Wealden;
c
the parish of Danehill, the Danehill ward, and the Buxted Maresfield electoral division; and to
d
the Crowborough petty sessional division and the East Sussex Eastern coroner’s district.
3
The parts of the parish of East Grinstead which are marked B on map 8 and E , F, G and H on map 10 shall be transferred from West Sussex and from Mid Sussex to —
a
East Sussex;
b
Wealden;
c
the parish of Forest Row, the Forest Row ward and the Forest Row electoral division; and to
d
the Crowborough petty sessional division and the East Sussex Eastern coroner’s district.
The area marked B on map 8 shall form part of the Forest Row parish ward, and the areas marked E, F, G and H on map 10 of the Ashurstwood parish ward.
Transfer from West Sussex (Mid Sussex) to East Sussex (Brighton)
6
The part of the parish of Pyecombe marked A on map 2 shall be transferred from West Sussex and from Mid Sussex to —
a
East Sussex;
b
Brighton;
c
Patcham ward and Patcham electoral division; and to
d
the Brighton petty sessional division and the East Sussex Western coroner’s district —
and shall be unparished
Transfers between East Sussex (Rother) and Kent (Tunbridge Wells)
7
1
The parts of the parish of Ticehurst which are marked B on map 15 and A and B on map 16 shall be transferred from East Sussex and from Rother to —
a
Kent;
b
Tunbridge Wells;
c
the Tunbridge Wells Rural East electoral division; and to
d
the Tunbridge Wells and Cranbrook petty sessional division and the West Kent coroner’s district.
The areas marked A and B on map 16 shall additionally be transferred to the parish of Goudhurst and to the Goudhurst ward, and the area marked B on map 15 to the parish of Lamberhurst and to the Lamberhurst ward.
2
The following areas —
i
the parts of the parish of Goudhurst marked C on map 15, and C and D on map 16;
ii
the part of the parish of Hawkhurst marked E on map 16; and
iii
the part of the parish of Lamberhurst marked A on map 15 —
shall be transferred from Kent and from Tunbridge Wells to —
a
East Sussex;
b
Rother;
c
the parish of Ticehurst, the Ticehurst ward, and the Ticehurst electoral division; and to
d
the Battle and Rye petty sessional division and the East Sussex Eastern coroner’s district.
Transfers between East Sussex (Wealden) and Kent (Tunbridge Wells)
8
1
The parts of the parish of Frant and of the parish of Wadhurst described in column 1 of the following Table shall be transferred from East Sussex and from Wealden to Kent, to Tunbridge Wells, to the parish (if any), ward and electoral division mentioned in column 2, and to the Tunbridge Wells and Cranbrook petty sessional division and the West Kent coroner’s district.
TABLE
(1) (2) Description of area Transferred to —
The parts of Frant marked B on map 11 and B on map 12.
Unparished
St. Mark’s ward
Tunbridge Wells South electoral division
The part of Frant marked A on map 11.
Unparished
Pantiles ward
Tunbridge Wells South electoral division
The part of Frant marked D on map 12.
Unparished
Park ward
Tunbridge Wells East electoral division
The parts of Frant marked A on map 13, and A and D on map 13A.
Parish of Lamberhurst
Lamberhurst ward
Tunbridge Wells Rural Eas electoral division
The parts of Wadhurst marked, A, B, C, D, E, F and G on map 14.
Parish of Lamberhurst
Lamberhurst ward
Tunbridge Wells Rural East electoral division
2
The area described in column 1 of the following Table shall be transferred from Kent and from Tunbridge Wells to —
a
East Sussex;
b
Wealden;
c
the parish, the parish ward (if any) and the ward named in column 2; and to
d
the Wadhurst electoral division, the Crowborough petty sessional division and the East Sussex Eastern coroner’s district.
TABLE
(1) (2) Description of area Transferred to East Sussex, to Wealden, and to —
The unparished part of St. Mark’s ward marked A on map 12.
The unparished part of Park ward marked C on map 12.
The parts of the parish of Lamberhurst marked B on map 13, and B and C on map 13A.
Parish of Frant
Bells Yew Green parish ward
Frant ward
The parts of the parish of Lamberhurst marked H, J, K and L on map 14.
Parish of Wadhurst
Wadhurst ward
Town and country planning
9
1
In this article, “provision” means a provision of a development plan as defined in section 336 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.
Signed by authority of the Secretary of State for the Environment
G.S.K. Young
Minister of State,
Department of the Environment
31st August 1992


type: legislation

jurisdiction: UK

text:
1
1
These Regulations may be cited as the Council Tax (Liability for Owners) Regulations 1992 and shall come into force on 31st March 1992.
2
For the purposes of these Regulations–
“ the Act ” means the Local Government Finance Act 1992;
“secure tenant” means a tenant under a secure tenancy within the meaning of Part IV of the Housing Act 1985 ;
“statutory tenant” means a statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976 ;
“tenant” does not include a person with a leasehold interest granted for 6 months or more but, subject to that, includes a secure tenant or a statutory tenant.
2
The following are the classes of chargeable dwellings prescribed for the purposes of section 8(1) of the Act–
Residential care homes, etc
Class A a residential care home, nursing home, mental nursing home or hostel within the meanings given by paragraph 7 of Schedule 1 to the Act .
Religious communities
Class B a dwelling inhabited by a religious community whose principal occupation consists of prayer, contemplation, education, the relief of suffering, or any combination of these.
Houses in multiple occupation, etc
Class C a dwelling inhabited by persons who do not constitute a single household, each of whom either–
a
is a tenant of, or has a licence to occupy, part only of the dwelling; or
b
has a licence to occupy but is not liable (whether alone or jointly with other persons) to pay rent or a licence fee in respect of the dwelling as a whole.
Resident Staff
Class D a dwelling–
a
in which at least one of the residents is employed in domestic service and resides in the dwelling wholly or mainly for the purposes of his employment;
b
in which any other resident is either so employed or is a member of the family of a resident so employed; and
c
which is from time to time occupied by the employer of that person.
Ministers of religion
Class E a dwelling which is inhabited by a minister of any religious denomination as a residence from which he performs the duties of his office.
3
In relation to a dwelling within Class E in regulation 2, where a minister of the Church of England is both the inhabitant and the owner of the dwelling, section 8(3) of the Act shall have effect as if, for the reference to the owner, there were substituted a reference to the Diocesan Board of Finance of the diocese in which the dwelling is situated.
Michael Heseltine
Secretary of State for the Environment
9th March 1992
David Hunt
Secretary of State for Wales
9th March 1992


text:
Citation and commencement
1
These Regulations may be cited as the Housing (Right to Buy) (Prescribed Form: Right to a Mortgage) Regulations 1992 and shall come into force on 17th August 1992.
Right to mortgage form
2
1
Subject to paragraph (2), the form set out in the Schedule to these Regulations, or a form substantially to the same effect, shall be the form of notice used for the purposes of section 134(1) of the Housing Act 1985 (tenant’s notice claiming to exercise right to a mortgage).
2
The form shall show the name and address of the person on whom the tenant is required, under that section, to serve the notice.
Revocation
3
1
The Housing (Right to Buy) (Prescribed Forms) ( No. 2) Regulations 1980 are hereby revoked.
2
Nothing in these Regulations shall affect the validity of any notice served under section 134(1) of the Housing Act 1985 before 17th December 1992 if the notice was in the form prescribed by the Regulations mentioned in paragraph (1).
Michael Howard
Secretary of State for the Environment
15th July 1992
David Hunt
Secretary of State for Wales
15th July 1992


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Staffordshire Moorlands District Council) Order 1992 and shall come into force on 1st January 1993.
Exemption of sports and leisure management
2
The management of sports and leisure facilities by the Staffordshire Moorlands District Council shall not be treated as a defined activity so long as it is undertaken at —
a
Biddulph Baths, Thames Drive, Biddulph, Stoke-on-Trent, Staffordshire,
b
Sports Ground, Halls Road, Biddulph, Stoke-on-Trent, Staffordshire,
c
Mill Hayes Sports Ground, Tunstall Road, Biddulph, Stoke-on-Trent, Staffordshire,
d
St Lawrence Tennis Courts, Congleton Road, Biddulph, Stoke-on-Trent, Staffordshire,
e
Sports Ground, Hot Lane, Biddulph Moor, Stoke-on-Trent, Staffordshire, or
f
Sports Ground, Church Road, Biddulph, Stoke-on-Trent, Staffordshire
before 1st October 1994.
Michael Howard
Secretary of State for the Environment
27th November 1992


text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for the purposes of through traffic.
4
The A65 and A660 Trunk Roads (Burley-in-Wharfedale Bypass) Order 1989( ) is hereby revoked.
5
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan ” means the plan numbered HA10 — YH36 marked “The A65 and A660 Trunk Roads (Burley-in-Wharfedale Bypass) Order 1992 ”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and
ii
“the new trunk road ” means the highway mentioned in article 1 of this Order.
6
This Order shall come into force on 12th June 1992 and may be cited as the A65 and A660 Trunk Roads (Burley-in-Wharfedale Bypass) Order 1992.
Signed by authority of the Secretary of State for Transport
J.P. Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
11th May 1992


text:
Citation
1
These Regulations may be cited as the Companies Act 1985 (Amendment of Sections 250 and 251) Regulations 1992 and shall come into force in the case of this regulation and regulation 3 on 4th December 1992 and in the case of regulation 2 on 31st December 1992.
Amendment of section 250
2
1
Section 250 of the Companies Act 1985 (resolution not to appoint auditors) is amended as follows.
2
In subsection (1), in paragraph (a) the words from “by a special resolution” to the end of that paragraph shall be omitted.
3
In subsection (1), in paragraph (b) for the words “at which the annual accounts for that year are laid” substitute “at any time after copies of the annual accounts and reports for that year have been sent out in accordance with section 238(1)”.
Amendment of section 251
3
1
Section 251 of the Companies Act 1985 (provision of summary financial statement) is amended as follows.
2
In subsection (1) —
a
after the word “shares” in both places where it occurs insert “or debentures”, and
b
for “members of the company” substitute “entitled persons”.
3
For the second paragraph of subsection (1), substitute the following: —
In this section —
“entitled persons”, in relation to a company, means such of the persons specified in paragraphs (a) to (c) of subsection (1) of section 238 as are or would apart from this section be entitled to be sent copies of those documents relating to the company which are referred to in that subsection; and
“listed” means admitted to the Official List of The International Stock Exchange of the United Kingdom and the Republic of Ireland Limited.
.
4
In subsection (2) —
a
for “any member of the company” and “a member of the company” substitute “any entitled person” and “an entitled person” respectively, and
b
after “ascertained” insert “(whether before or after he becomes an entitled person)”.
5
In subsection (7), for “members of a company” substitute “entitled persons”.
N. Hamilton
Parliamentary Under-Secretary of State for Corporate Affairs,
Department of Trade and Industry
2nd December 1992


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Promotion of Economic Development) (Amendment) Regulations 1992 and shall come into force on 12th October 1992.
Addition of scheduled authorities
2
The new Schedule in the Schedule to these Regulations shall be substituted for Schedule 1 (scheduled authorities) to the Local Government (Promotion of Economic Development) Regulations 1990 .
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
14th September 1992


text:
Citation and commencement
1
These Regulations may be cited as the Active Implantable Medical Devices Regulations 1992 and shall come into force on 1st January 1993.
Interpretation
2
1
In these Regulations, unless the context requires otherwise —
“the 1987 Act ” means the Consumer Protection Act 1987;
“authorised representative” means an authorised representative established within the European Economic Community;
“custom — made” means, in relation to a device,
that it is manufactured specifically in accordance with a medical specialist’s written prescription which gives, under his responsibility, specific charac teristics as to its design, and
that it is intended to be used only for a particular patient;
“device” means an active implantable medical device, that is to say an instrument, apparatus, appliance, material or other article, whether used alone or in combina tion, together with any accessories or software necessary for its proper functioning, which —
is intended by the manufacturer to be used for human beings —
in the diagnosis, prevention, monitoring, treatment or alleviation of disease or injury,
in the investigation, replacement or modification of the anatomy or of a physiological process, or
in the control of conception;
does not achieve its principal intended action by pharmacological, chemical, immunological or metabolic means, even if it is assisted in its function by such means;
relies for its functioning on a source of electrical energy or a source of power other than that generated directly by the human body or by gravity; and
is intended to be totally or partially introduced into the human body (whether surgically or medically, including being introduced into a natural orifice) and which is intended to remain in the human body after completion of the surgical or medical procedure during which it is introduced;
even if it is intended to administer a medicinal product as defined in the Medicines Act 1968 or incorporates as an integral part a substance which, if used separately, would be a medicinal product as so defined;
“ the Directive ” means Council Directive 90/385/ EEC on the approximation of the laws of member States relating to active implantable medical devices ;
“ EC mark” means the mark which indicates that one or more of the procedures referred to in regulation 5 has been followed and which consists of a symbol comprising the letters “CE” of which an illustration is given in Schedule 1;
“essential requirements” means the requirements specified in Schedule 2 and “relevant essential requirements” in relation to a device means such of those requirements, or such aspects of those requirements, as apply to it, not including, in the case of a device intended for clinical investigation, such of those requirements, or aspects of them, as are the subject of the investigation;
“harmonised Standard” means a technical specification adopted by the European Committee for Standardisation or the European Committee for Electrotechnical Standardisation, or both of them, upon a remit from the Commission of the European Economic Community pursuant to Council Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Council Directive 88/182/EEC and Council Directive 90/320/EEC , and the reference of which has been published in the Official Journal of the European Communities;
“intended for clinical investigation” means, in relation to a device, that it is intended for use by a medical specialist when conducting clinical investigations of that device;
“intended purpose” means, in relation to a device, the use for which it is intended and for which it is suited according to the data supplied by the manufacturer in the instructions relating to it;
“medical specialist” means a registered medical practitioner who has a qualification as, or is undergoing training intended to lead to qualification as, a specialist;
“member State” means a member State of the European Economic Community;
“notified body” means, in relation to any task, a body designated and notified in respect of that task in accordance with Article 11 of the Directive;
“placed on the market” means, in relation to a device, first supplied or first made available for supply in the United Kingdom otherwise than for the purpose of its export —
to another country which is not a member State, and
for use in a country that is not a member State;
“put into service” means make available to registered medical practitioners for implantation;
“relevant national Standard” means, in relation to an essential requirement or an aspect of it, a Standard —
which contains a technical specification or a description relating to that requirement or aspect,
which corresponds to a harmonised Standard containing such a specification or description, and
of which the reference number is published in the United Kingdom by the Secretary of State by notice in the London, Edinburgh and Belfast Gazettes or in another member State of the European Economic Community;
“relevant notified body logo” means the logo of the notified body which was responsible for carrying out tasks of the notified body under paragraph 5 of Annex 2 to, under Annex 4 to, or under paragraph 4 of Annex 5 to, the Directive as respects a procedure which has been followed by the manufacturer of a device, and, where there is more than one such notified body, means the logo of each of them.
2
In these Regulations, unless the context requires otherwise, a reference to a numbered regulation is a reference to the regulation of these Regulations which is so numbered; a reference in a regulation of, or Schedule to, these Regulations to a numbered paragraph is a reference to the paragraph of that regulation or Schedule which is so numbered, and a reference in a paragraph to a numbered sub — paragraph is a reference to the sub — paragraph of that paragraph which is so numbered.
Essential requirements for devices
3
1
All devices placed on the market or put into service must comply with the relevant essential requirements.
2
In determining which are the relevant essential requirements for a device and whether or not the device complies with any of the relevant essential requirements, account shall be taken of its intended purpose.
3
Any determination that a device complies with any of the essential requirements specified in paragraphs 1 to 5 of Schedule 2, and any evaluation of side effects or undesirable effects for the purposes of determining whether or not a device complies with any of the essential requirements, shall be based in particular on clinical data, the adequacy of which is based on the collation of scientific literature or the results of clinical investigations referred to in paragraph 1 of Schedule 3; and any determination as to whether or not a device complies with any other essential requirements may be based on such data.
4
In the case of a device which has been put into service, the essential requirements specified in paragraphs 13, 14 and 15 of Schedule 2 are complied with only if the information and particulars referred to in those paragraphs are in English (whether or not they are also in another language).
5
A device shall be treated as complying with an essential requirement if it conforms as respects that requirement to a relevant national Standard, unless there are reasonable grounds for suspecting that the device does not comply with that requirement.
6
A device which is neither custom — made nor intended for clinical investigation and which bears the EC mark shall be taken to comply with the relevant essential requirements unless there are reasonable grounds for suspecting that the device does not comply with those requirements.
7
A custom — made device in respect of which the conditions specified in Schedule 4 are satisfied and which is accompanied by the statement referred to in paragraph 1 of Schedule 4 shall be taken to comply with the relevant essential requirements unless there are reasonable grounds for suspecting that the device does not comply with those requirements.
8
A device intended for clinical investigation in respect of which —
a
notice has been given under regulation 7(1);
b
no notice has been given under regulation 7(2) within the period of 60 days there referred to; and
c
the conditions specified in Schedule 4 are satisfied,
shall be taken to comply with the relevant essential requirements unless there are reasonable grounds for suspecting that the device does not comply with those requirements.
EC mark
4
1
Except as provided by paragraph (2), every device placed on the market or put into service shall bear the EC mark (affixed following a procedure mentioned in regulation 5, whether carried out in the United Kingdom or elsewhere) in a visible, legible and indelible form —
a
on the sterile pack;
b
on any sales packaging; and
c
on the instruction leaflet,
and the mark shall in each case be accompanied by the relevant notified body logo for that device.
2
Paragraph (1) does not apply to a device which is custom — made or intended for clinical investigation, and such devices shall not bear the EC mark.
3
No device placed on the market or put into service shall bear (whether on its pack, sales packaging or instruction leaflet or elsewhere) a mark which is likely to be confused with the EC mark.
Procedure for affixing EC mark
5
1
A device may bear the EC mark only if its manufacturer —
a
follows the EC declaration of conformity procedure; or
b
follows the EC type — examination procedure, together with —
i
the EC verification procedure, or
ii
the EC declaration of conformity to type procedure.
2
The EC declaration of conformity procedure is the procedure by which the manufacturer —
a
applies an approved quality system for the design, manufacture and final inspection of devices, and is subject to surveillance to ensure that he duly fulfils his obligations arising from the approved quality system;
b
ensures and declares that the devices satisfy the relevant provisions of the Directive and, in particular, the relevant essential requirements; and
c
having applied the EC mark in accordance with regulation 4, draws up and keeps a written declaration of conformity with the relevant provisions of the Directive, covering one or more identified specimens of the devices,
and Schedule 5 (Part I of which relates to the quality system, including the design dossier, and Part II of which relates to surveillance) shall have effect for the purposes of that procedure.
3
The EC type — examination procedure is the procedure by which a notified body ascertains and certifies that a representative sample of the production of devices envisaged satisfies the relevant provisions of the Directive; and Schedule 6 shall have effect for the purposes of that procedure.
4
The EC verification procedure is the procedure by which a notified body verifies and certifies that devices conform to the type described in an EC type — examination certificate and satisfy the relevant provisions of the Directive; and Schedule 7 shall have effect for the purposes of that procedure.
5
The EC declaration of conformity to type procedure is the procedure by which the manufacturer —
a
applies a quality system approved for the manufacture of devices and conducts a final inspection of the devices;
b
is subject to surveillance;
c
ensures and declares that the devices conform to the type described in an EC type — examination certificate and conform to the relevant provisions of the Directive; and
d
having applied the EC mark in accordance with regulation 4, draws up and keeps a written declaration of conformity with the relevant provisions of the Directive covering one or more identified specimens of the devices,
and Schedule 8 (Part I of which relates to the quality system and inspection and Part II of which relates to surveillance) shall have effect for the purposes of that procedure.
6
Any part of the EC type — examination procedure or the EC verification procedure which is to be followed in the United Kingdom by a manufacturer who has no place of business there may instead be followed by his authorised representative.
7
The documentation relating to any of the procedures mentioned in this regulation carried out in the United Kingdom shall be in English or, subject to regulation 3(4), in some other language acceptable to the notified body concerned.
8
A notified body may charge a fee in accordance with paragraphs (9), (10) and (11) for anything done in, or in connection with, performing a function under this regulation or under any of the Schedules referred to in it.
9
Except as provided by paragraph (10) the fee charged in respect of anything done shall not exceed an amount which reasonably represents the cost incurred, or to be incurred, in doing it.
10
Where the notified body is a body the activities of which are carried on for profit, the fee for doing anything may include an amount representing a profit which is reasonable in the circumstances, having regard to —
a
the character and extent of the work done or to be done by the notified body; and
b
the commercial rate normally charged in respect of profit for that work or similar work.
11
The notified body may require payment of a fee or a reasonable estimate of the fee, in advance of carrying out the work in respect of which the fee is payable and as a condition of doing that work.
Custom — made devices
6
1
The manufacturer of a custom — made device shall —
a
satisfy the conditions specified in Schedule 4 (as it applies to custom — made devices) before that device is placed on the market or put into service; and
b
take all necessary measures to ensure that the manufacturing process ensures that the device manufactured to that process conforms to the documentation referred to in paragraph 3(a) of Schedule 4.
2
The conditions specified in paragraph 1 of Schedule 4 may be satisfied by the manufacturer’s authorised representative, instead of by the manufacturer.
Clinical investigations
7
1
Before devices intended for clinical investigation are made available to a medical specialist for the purposes of a clinical investigation to take place within the United Kingdom their manufacturer or his authorised representative shall give at least 60 days' prior notice in writing to the Secretary of State of the making available of the devices for the intended investigation, in the form of the statement provided for by paragraphs 1 and 2(2) of Schedule 4 and the undertaking by the manufacturer mentioned in paragraph 3 of that Schedule.
2
If, within 60 days of the giving of that notice, the Secretary of State gives written notice to the manufacturer or his authorised representative, whichever gave the notice to him under paragraph (1), that, on grounds relating to the health or safety of patients, users or others, devices should not be made available for the purposes of those investigations, devices may not be made available for those purposes pursuant to that notice under paragraph (1).
3
The manufacturer of a device intended for clinical investigation shall take all necessary measures to ensure that the manufacturing process ensures that a device manufactured according to that process conforms to the documentation referred to in paragraph 3(b) of Schedule 4 and may authorise the evaluation, by audit where necessary, of the effectiveness of the measures which he takes pursuant to Schedule 4.
4
A manufacturer who has given the undertaking mentioned in paragraph (1) shall, if so required by the Secretary of State for the purposes of his functions under paragraph (2), make available to him the documentation which he has undertaken to keep available.
5
The grounds on which a notice may be given under paragraph (2) include the grounds that the Secretary of State is not satisfied as to the safety of a device for the intended purposes because —
a
the manufacturer does not authorise an evaluation by the Secretary of State, whether by means of an audit, an inspection or otherwise, of the effectiveness of the measures referred to in paragraph (3); or
b
the manufacturer does not make available to the Secretary of State documenta tion which he has undertaken to keep available.
Notified bodies
8
1
The Secretary of State may approve for the purposes of Article 11 of the Directive any corporate or other body as a body which is to carry out tasks as part of a procedure mentioned in regulation 5 and, if he so approves a body, he shall designate the tasks which it is to carry out.
2
A body shall be approved under paragraph (1) only if —
a
it has applied to be, or agrees to be, so approved;
b
it is a body in respect of which the conditions specified in Schedule 9 are fulfilled as respects the tasks which it is to carry out.
3
The Secretary of State shall withdraw any approval of a body under paragraph (1) if the body so requests or if he considers that it is no longer a body in respect of which the conditions specified in Schedule 9 are fulfilled as respects the tasks which it is to carry out.
4
The Secretary of State may vary the designation of tasks which a notified body is to carry out by —
a
limiting or removing the tasks; or
b
on the application of the notified body, extending or adding to the tasks.
5
Before withdrawing an approval under paragraph (3), otherwise than at the notified body’s request, and before effecting a variation under paragraph (4)(a), the Secretary of State shall give to the notified body an opportunity to make representations to him in writing and shall take into account any such representations as are made.
Prohibition on supply etc.
9
1
Subject to paragraph (6), the supply, offer to supply, agreement to supply, exposure for supply or possession for supply of a device which has been placed on the market or put into service and which does not comply with the relevant essential requirements is prohibited.
2
Subject to paragraphs (3) and (6) the supply, offer to supply, agreement to supply, exposure for supply or possession for supply of a device —
a
which does not bear the EC mark as required by regulation 4(1); or
b
which bears a mark in contravention of regulation 4(3),
is prohibited.
3
Paragraph (2)(a) does not apply to a device which is custom — made or intended for clinical investigation.
4
The supply of a custom — made device in respect of which the manufacturer or his authorised representative has contravened regulation 6 is prohibited.
5
The supply, in contravention of regulation 7(1) or a notice under regulation 7(2), of a device intended for clinical investigation is prohibited.
6
Nothing in paragraph (1) or (2) prevents the offer to supply, the exposure for supply or the possession for supply at a trade fair, exhibition, demonstration or similar event of a device which does not comply with the relevant essential requirements or which does not bear the EC mark provided that a notice is prominently displayed at the event, so as to be readily visible to a prospective purchaser, indicating that the device —
a
does not comply with those requirements or does not bear that mark; and
b
may not be put into service until it complies with the requirements of the Directive.
Enforcement etc.
10
1
Notwithstanding that they are made partly in exercise of powers other than those conferred by section 11 of the 1987 Act these Regulations shall be regarded for all purposes relating to enforcement (whether by criminal proceedings or notices or otherwise) and for the purposes of section 38 of that Act (disclosure of information) as safety regulations as defined in that Act and any provision of these Regulations made under those other powers shall be regarded for those purposes as a safety provision as defined in that Act.
2
Each weights and measures authority and each district council in Northern Ireland is relieved of its duty imposed by section 27(1) of the 1987 Act in so far as it is exercisable in relation to devices.
3
The powers conferred by section 13 of the 1987 Act to serve prohibition notices and notices to warn are exercisable in relation to non — conforming devices as they are exercisable in relation to relevant goods which the Secretary of State considers are unsafe (as well as being exercisable in relation to such goods), and in relation to non — conforming devices Schedule 2 to the 1987 Act shall have effect as if references to goods being unsafe or safe were references to devices being or not being non — conforming devices.
4
In paragraph (3) “non — conforming devices” means devices which, whether or not the Secretary of State considers them unsafe, he considers to be devices to which the EC mark has been wrongly applied and to be devices —
a
which do not conform as respects a relevant essential requirement to a relevant national Standard where the device is held out as respects that essential requirement as conforming to that Standard; or
b
where the devices are ones to which the EC mark has been applied following the EC declaration of conformity procedure, in respect of which the manufacturer or his authorised representative has failed to comply with his obligations under that procedure; or
c
where the devices are ones to which the EC mark has been applied following the EC type — examination procedure, which do not conform to the type described in the relevant EC type — examination certificate or which conform to such a type which does not meet the relevant essential requirements.
Transitional provision
11
Nothing in regulation 9(1), (2) or (4) shall prohibit the supply before 1st January 1995 of a device, if the supply of the device is in accordance with the laws of that part of the United Kingdom in which it is supplied as in force on 31st December 1992.
Notification of decisions etc.
12
1
Where a decision is taken by the Secretary of State or a notified body under these Regulations which results in the refusal of, or restrictions on, the placing on the market by, or the putting into service by, a person of a device, the Secretary of State who, or the notified body which, took the decision shall forthwith give to that person notice of the decision which shall include —
a
a statement of the grounds on which it is based; and
b
a statement of any legal remedies available to that person and of any time limits which apply to their exercise.
2
The provisions of paragraph (1) are in addition to any more specific obligation placed upon the Secretary of State or the notified body elsewhere in these Regulations.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
10th December 1992
Sealed with the official seal of the Department of Health and Social Services for Northern Ireland this 10th day of December 1992.
F. A. Elliott
Permanent Secretary


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Deposit-takers) (Interest Payments) (Amendment) Regulations 1992 and shall come into force on 30th January 1992.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Deposit-takers) (Interest Payments) Regulations 1990 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2 —
a
after the definition of “depositor” there shall be inserted —
“mental disorder” has the meaning given by section 1(2) of the Mental Health Act 1983 or, in Scotland, section 1(2) of the Mental Health (Scotland) Act 1984 or, in Northern Ireland, Article 3 of the Mental Health (Northern Ireland) Order 1986 ;
b
after the definition of “section 480A (1)” there shall be inserted —
“son or daughter” means a son or daughter aged 16 or over, and includes a stepson or stepdaughter, and an adopted or illegitimate son or daughter;
4
In regulation 5 —
a
after sub-paragraph (iv) of paragraph (b) there shall be added the words
or
v
a parent, guardian, spouse or son or daughter of a person suffering from mental disorder; or
vi
a receiver or other person appointed by any court in the United Kingdom to act in relation to the property and affairs of a person incapable, by reason of mental disorder, of managing and administering his property and affairs;
;
b
in sub-paragraph (ii) of paragraph (c) for the words “the certificate, if given, would relate” there shall be substituted the words “the certificate relates”.
5
At the end of regulation 6(3) (d) (ii) there shall be added the words “or, if earlier, after it has become reasonably practicable so to deduct tax;”.
6
In regulation 7 sub-paragraph (c) of paragraph (1) shall be omitted.
7
In regulation 11(3) after the word “being” there shall be inserted the words “books, documents or”.
8
In regulation 12(1) after the words “all such” there shall be inserted the words “copies of”.
A.M.W. Battishill
L.J.H. Beighton
Two of the Commissioners of Inland Revenue
8th January 1992


text:
1
This Order may be cited as the A40 Trunk Road (Western Avenue, Hillingdon) (Prohibition of Use of Gap in Central Reservation) Order 1992 and shall come into force on 30th May 1992.
2
In this Order —
“central reservation” means that part of Western Avenue which separates the two carriageways of Western Avenue for the safety and guidance of vehicles using that road; and
“Western Avenue” means that length of the A40 Trunk Road in the London Borough of Hillingdon known as Western Avenue.
3
No person shall cause or permit any vehicle to enter or proceed through the gap in the central reservation which lies opposite the entrance to Northolt Aerodrome.
Signed by authority of the Secretary of State for Transport
J. C. Miles
Director (Network Management) London Regional Office of the
Department of Transport
26th May 1992


text:
1
These Regulations may be cited as the Value Added Tax (General) (Amendment) (No. 3) Regulations 1992 and shall come into force on 10th December 1992.
2
In regulation 65(1) of the Value Added Tax (General) Regulations 1985 , after “Act” in the first place where that word occurs there shall be inserted “or any order”.
E. Woods
Commissioner of Customs & Excise
New King’s Beam House,
22 Upper Ground,
LONDON SE1 9PJ
17th November 1992


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Genetically Modified Organisms (Deli-berate Release) Regulations 1992 and shall come into force on 1st February 1993.
Interpretation
2
In these Regulations —
“ the Act ” means the Environmental Protection Act 1990;
“ the Commission ” means the Commission of the Communities;
“the Deliberate Release Directive ” means Council Directive 90/220/ EEC on the deliberate release into the environment of genetically modified organisms;
“genetically modified organisms” means genetically modified organisms or a combination of genetically modified organisms;
“heritable genetic material” means genes or other genetic material, in any form, capable of being replicated or transferred by any means;
“local authority” means —
in Greater London, a London borough council, the Common Council of the City of London and the Sub-Treasurer of the Inner Temple and the Under- Treasurer of the Middle Temple,
outside Greater London, a district council and the Council of the Isles of Scilly, and
in Scotland, an islands or district council;
“product” means a product consisting of or including genetically modified organisms, and “approved product” means a product marketed in pursuance of and in accordance with a consent granted by the Secretary of State under section 111(1) of the Act or a written consent given by another competent authority of a member State in accordance with Article 13(4) of the Deliberate Release Directive.
Artificial techniques of genetic modification
3
The following techniques are prescribed as artificial techniques for the purposes of section 106(4) of the Act:
a
the insertion by any method into a virus, bacterial plasmid or other vector system of a nucleic acid molecule, which has been produced by any method outside that virus, bacterial plasmid or other vector system, so as to produce a new combination of genetic material which is capable of being inserted into an organism in which that combination does not occur naturally and within which it will be heritable genetic material;
b
the insertion into an organism, by micro-injection, macro-injection, micro-encapsulation or other direct means, of heritable genetic material prepared outside that organism;
c
the fusion (including protoplast fusion) or hybridisation, by any method that does not occur naturally, of two or more cells to form cells which have new combinations of heritable genetic material and which (if derived solely from plant cells) cannot be produced by traditional breeding methods;
d
where they involve the use of recombinant DNA molecules —
i
in vitro fertilisation,
ii
conjugation, transduction, transformation or any other natural process,
iii
polyploidy induction.
Capacity of organisms for causing harm
4
1
For the purposes of sections 110(1), 112(5) and (7)(a) and 117(1) of the Act there shall be disregarded —
a
the capacity of genetically modified organisms of the description specified in paragraph (2) for causing harm of the description specified in paragraph (3), and
b
harm, caused by genetically modified organisms of the description specified in paragraph (2), which is of the description specified in paragraph (3).
2
The genetically modified organisms specified in this paragraph are genetically modified organisms which control —
a
the number or activity (or both) of any organisms, or
b
toxic wastes.
3
The harm specified in this paragraph is harm caused to any organisms by genetically modified organisms which have been released or marketed in pursuance of and in accordance with —
a
a consent granted by the Secretary of State under section 111(1) of the Act, or
b
a written consent given by another competent authority of a member State in accordance with Article 13(4) of the Deliberate Release Directive.
PART II
RELEASING ORGANISMS
Consent to release organisms
5
1
Subject to paragraphs (3) and (4), the cases and circumstances prescribed under section 111(1)(a) of the Act in relation to the release of any genetically modified organisms are any cases and circumstances other than the release of an approved product in accordance with the conditions and limitations to which the use of the product is subject.
2
An application for a consent to release genetically modified organisms must be made in writing to the Secretary of State, and must be made either —
a
for one or more releases of one or more descriptions of genetically modified organisms on the same site for the same purpose within a limited period, or
b
for one or more releases of one description of genetically modified organisms on one or more sites for the same purpose within a limited period.
3
Paragraph (1) shall not apply to a person who —
a
has notified the Health and Safety Executive, under regulation 5(1)(a) of the Genetic Manipulation Regulations 1989 , of his intention to carry out an activity involving an intentional introduction into the environment, and
b
carries out the activity in accordance with that notification before 2nd May 1993.
4
Paragraph (1) shall not apply to a person who releases a product which was marketed in the United Kingdom before 1st February 1993 and is not an approved product.
Information to be contained in application for consent to release
6
1
Subject to regulation 7 (Exemptions from regulation 6), the following is the information which an application for a consent to release genetically modified organisms must contain: —
a
the information prescribed in Schedule 1 to these Regulations, to the extent that such information is appropriate to the proposed release,
b
information on data or results from any previous release of the organisms, or of organisms of the same description, which has been carried out by the applicant, and information from any previous application for the release of the organisms, or of organisms of the same description, which the applicant has made to the Secretary of State in accordance with the Act and these Regulations or to another competent authority of a member State in accordance with Article 5 of the Deliberate Release Directive,
c
a statement evaluating the impacts and risks posed to human health and the environment by the release of the organisms,
d
a statement whether the detailed description of the organisms and the details of the purpose for which the organisms will be released have been published, and the bibliographic reference for any information so published,
e
a summary, in the format established by the Commission under Article 9(1) of the Deliberate Release Directive, of the information contained in the application.
2
The information prescribed in Schedule 1 shall be included in the application at the level of detail which is appropriate to the nature and scale of the proposed release.
3
Where the applicant considers, on the basis that it is not technically possible or it does not appear to the applicant to be necessary, that it is not appropriate for the application to contain the information prescribed in one or more of the paragraphs of Schedule 1, the application shall contain a statement of the reasons why the inclusion of the information is not appropriate.
4
The application must contain the description of the methods used to obtain the information contained in the application in accordance with paragraph (1) and a bibliographic reference, or, where standardised or internationally recognised methods are used, a reference to which method was used to obtain the information and its bibliographic references, together with the name of the body or bodies responsible for carrying out the studies.
5
The application may in addition contain data or results from an application for consent to release genetically modified organisms previously made by some other person, provided that a copy of that person’s agreement in writing is contained in the application.
Exemptions from regulation 6
7
An application for a consent to release genetically modified organisms need not contain the information prescribed in regulation 6(1)(a) and (b) if —
a
the information was contained either —
i
in an application which was made by the same person in relation to a previous release of those organisms or of the same description of organisms, or
ii
in an application which was made by some other person in relation to a previous release of those organisms or of the same description of organisms,
b
the application refers to the previous application in which the information was contained, and
c
where paragraph (a)(ii) applies, the application contains the agreement in writing of the person who made the previous application to a reference to that application being made.
Advertisement of application for consent to release
8
1
Subject to paragraph (2), a person who makes an application for a consent to release genetically modified organisms shall, not less than fourteen days and not more than twenty-eight days after acknowledgement of receipt of that application is sent to him by the Secretary of State, cause to be published in a newspaper or newspapers circulating in the areas likely to be affected by the proposed release a notice containing the following information —
a
the name and address of the applicant,
b
the general description of the organisms to be released,
c
the location and general purpose of the release, and
d
the foreseen dates of the release.
2
Where the information on the location of the release which has been placed on the register kept by the Secretary of State under section 122 of the Act differs in its level of detail from that contained in the application for consent, the notice shall contain the level of detail regarding the location of the release which appears on the register.
3
A person who makes an application for a consent to release genetically modified organisms shall, not less than fourteen days and not more than twenty-eight days after acknowledgement of receipt of that application is sent to him by the Secretary of State, give to the following persons notice that he has made the application and the information prescribed in paragraph (1)(a) to (d) —
a
the owner or owners of the site of the proposed release, if a person other than the applicant,
b
the local authority for the area of the proposed release,
c
the Nature Conservancy Council for England, Scottish Natural Heritage or the Countryside Council for Wales, as appropriate, according to whether the release will be in England, Scotland or Wales,
d
the Countryside Commission, if the release will be in England,
e
the Forestry Commission,
f
the National Rivers Authority or, if the release will be in Scotland, the river purification board or islands council for the area of the proposed release,
g
the water undertaker for the area of the proposed release or, if the release will be in Scotland, the regional or islands council for the area of the proposed release,
h
each member of the genetic modification safety committee established by the applicant under regulation 11 of the Genetically Modified Organisms (Con tained Use) Regulations 1992 .
General condition on consents to release organisms
9
In section 112 of the Act (Consents: limitations and conditions) there shall be substituted for paragraph (b) of subsection (5) the following paragraph —
b
notify the Secretary of State of —
i
any new information which becomes available with regard to any risks there are of damage to the environment being so caused, and
ii
the effects of any releases by him for the assessment of any risks there are of damage to the environment being so caused by such organisms being released or marketed;
.
PART III
MARKETING ORGANISMS
Consent to market products
10
1
The cases and circumstances prescribed under section 111(1)(a) of the Act in relation to the marketing of any genetically modified organisms are any cases and circumstances other than the marketing of a product in accordance with a written consent given by another competent authority of a member State in accordance with Article 13(4) of the Deliberate Release Directive.
2
An application for a consent to market genetically modified organisms must be made in writing to the Secretary of State, and must be made either —
a
where the product has not previously been marketed in pursuance of and in accordance with a consent granted by the Secretary of State under section 111(1) of the Act or a written consent given by another competent authority of a member State in accordance with Article 13(4) of the Deliberate Release Directive, or
b
where the product is intended for a use for which it has not previously been marketed in pursuance of and in accordance with a consent granted by the Secretary of State under section 111(1) of the Act or a written consent given by another competent authority of a member State in accordance with Article 13(4) of the Deliberate Release Directive.
Information to be contained in application for consent to market
11
1
The following is the information which an application for a consent to market genetically modified organisms must contain: —
a
the information prescribed in Schedule 1 to these Regulations, to the extent that such information is appropriate to the nature and scale of the release which may result from the marketing,
b
information on data or results from any previous release of the organisms, or of organisms of the same description, which have been carried out by the applicant, and information from any previous application for consent to release the organisms, or organisms of the same description, which the applicant has made to the Secretary of State in accordance with the Act and these Regulations or to another competent authority of a member State in accordance with Article 5 of the Deliberate Release Directive,
c
subject to paragraph (5), the information prescribed in Schedule 2 to these Regulations,
d
a summary, in the format established by the Commission under Article 12(3) of the Deliberate Release Directive, of the information contained in the application.
2
The information prescribed in Schedule 1 shall be included in the application at the level of detail which is appropriate to the nature and scale of the release which may result from the marketing, and shall take into account the diversity of sites of use of the product, including —
a
information on data and results obtained from research and developmental releases concerning the ecosystems which could be affected by the use of the product, and
b
an assessment of any risks for human health or the environment related to the genetically modified organisms contained in the product, including information obtained from the research and development stage on the impact of the release on the environment.
3
Where the applicant considers, on the basis that it is not technically possible or it does not appear to the applicant to be necessary, that it is not appropriate for the application to contain the information prescribed in one or more of the paragraphs of Schedule 1, the application shall contain a statement of the reasons why the inclusion of the information is not appropriate.
4
The application must contain the description of the methods used to obtain the information prescribed in Schedule 1 and a bibliographic reference or, where standardised or internationally recognised methods are used, a reference to which method was used to obtain the information and its bibliographic references, together with the name of the body or bodies responsible for carrying out the studies.
5
Where the applicant considers, on the basis of the results of any release in pursuance of and in accordance with a consent granted by the Secretary of State under section 111(1) of the Act or a written consent given by another competent authority of a member State in accordance with Article 13(4) of the Deliberate Release Directive, or on substantive, reasoned scientific grounds, that the placing on the market and use of the product do not pose a risk to human health or the environment, he may propose not to supply the information prescribed in Part II of Schedule 2.
6
The application may in addition contain data or results from an application for consent to market genetically modified organisms previously made by some other person, provided that a copy of that person’s agreement in writing is contained in the application.
Transitional provision for marketing
12
Regulation 10(1) shall not apply to a person who markets a product which —
a
was marketed by him in the United Kingdom before 1st February 1993, and
b
is not an approved product,
until 1st February 1995.
PART IV
DUTIES AFTER THE MAKING OF APPLICATIONS
Duty of the applicant after applying for consent
13
1
In section 111 of the Act (Consents required by certain persons), after subsection (6) there shall be inserted the following subsection —
6A
Where an applicant for consent for releasing or marketing genetically modified organisms becomes aware, before his application is either granted or rejected, of any new information with regard to any risks there are of damage to the environment being caused as a result of the organisms being released or marketed, he shall notify the Secretary of State of that new information forthwith.
2
In section 118(1)(e) of the Act (Offences), after the words “section 108(5) or (6)” there shall be inserted the words “or section 111(6A)”.
Duties of the Secretary of State on receiving applications for consent to release
14
1
The Secretary of State shall within 30 days of receiving an application for a consent to release genetically modified organisms forward to the Commission a summary of that application in the format established by the Commission under Article 9(1) of the Deliberate Release Directive.
2
The Secretary of State shall —
a
examine an application for a consent to release genetically modified organisms for its conformity with the requirements of the Act and of these Regulations,
b
evaluate the risks posed by the proposed release,
c
if necessary, carry out such tests or inspections as may be necessary for control purposes,
d
where appropriate, take into account any comments made by the competent authority or authorities of member States following the circulation to them by the Commission of the summary referred to in paragraph (1) above, and
e
record his conclusions in writing.
Decisions by the Secretary of State on applications for consent to release
15
1
The Secretary of State shall not grant a consent to release genetically modified organisms as it relates to the protection of human health without the agreement of the Health and Safety Executive.
2
The Secretary of State shall communicate his decision on an application for a consent to release genetically modified organisms to the applicant before the end of a period of 90 days beginning with the day on which the application was received.
3
The period prescribed in paragraph (2) shall not include any period beginning with the day on which the Secretary of State gives notice in writing under section 111(6) of the Act that further information in respect of the application is required and ending with the day on which that information is received by the Secretary of State.
4
The Secretary of State shall inform the competent authority or authorities of each member State and the Commission of his decision on each application for consent to release genetically modified organisms.
5
The Secretary of State shall not revoke or vary a consent to release genetically modified organisms as it relates to the protection of human health without the agreement of the Health and Safety Executive.
Duties of the Secretary of State in relation to applications for consent to market
16
1
The Secretary of State shall examine an application for consent to market genetically modified organisms for its conformity with the requirements of the Act and of these Regulations, giving particular attention to the environmental risk assessment and the recommended precautions related to the safe use of the product.
2
Before the end of a period of 90 days beginning with the day on which he receives an application for consent to market genetically modified organisms the Secretary of State shall either —
a
forward to the Commission —
i
the application,
ii
a summary of the application in the format established by the Commission under Article 12(3) of the Deliberate Release Directive,
iii
a statement of the conditions under which he proposes to consent to the marketing of the product,
iv
where acceded to by the Secretary of State, details of any proposal by the applicant under regulation 11(5) not to comply with any of the require ments of regulation 11(1)(c), and
v
his favourable opinion on the application, or
b
inform the applicant that the proposal does not fulfil the requirements of the Act and of these Regulation and is rejected.
3
The Secretary of State shall not forward his favourable opinion on the applicationas it relates to the protection of human health where the Health and Safety Executive has informed him that it does not fulfil the requirements of the Act and of these Regulations.
4
The period prescribed in paragraph (2) shall not include any period beginning with the day on which the Secretary of State gave notice in writing under section 111(6) of the Act that further information in respect of the application is required and ending with the day on which that information is received by the Secretary of State.
5
The Secretary of State shall immediately inform the competent authority or authorities of each member State and the Commission of any other information he receives from the applicant before or after the granting of the consent.
6
Where no objection has been raised by a competent authority of a member State the Secretary of State shall, within a period of 60 days beginning with the day on which the documents referred to in paragraph (2)(a) were forwarded to the competent authority or authorities of the member States by the Commission, grant consent to market the genetically modified organisms and inform the competent authority or authorities of the member States and the Commission that he has done so.
7
Where an objection has been raised by a competent authority of a member State and the Commission has taken a favourable decision under Article 13(3) of the Deliberate Release Directive, the Secretary of State shall grant consent to market the genetically modified organisms and inform the competent authority or authorities of the member States and the Commission that he has done so.
8
The Secretary of State shall not revoke or vary a consent to market genetically modified organisms as it relates to the protection of human health without the agreement of the Health and Safety Executive, and shall immediately inform the competent authority or authorities of each member State and the Commission of any decision to revoke or vary a consent.
PART V
REGISTER OF INFORMATION
Information to be included in register
17
1
The register kept by the Secretary of State under section 122 of the Act shall contain the particulars set out in paragraphs (2) to (7).
2
In relation to a prohibition notice served under section 110 of the Act —
a
the name and address of the person on whom the notice is served,
b
the description of the genetically modified organisms in relation to which the notice is served,
c
the location at which the genetically modified organisms are proposed to be released,
d
the purpose for which the genetically modified organisms are proposed to be released or marketed,
e
the reason for the service of the notice,
f
any date specified in the notice as the date on which the prohibition is to take effect.
3
Subject to paragraph (4), in relation to an application for a consent under section 111(1) of the Act —
a
the name and address of the applicant,
b
the general description of the genetically modified organisms in relation to which the application is being made,
c
the location at which the genetically modified organisms are proposed to be released,
d
the general purpose for which the genetically modified organisms are proposed to be released or marketed,
e
the foreseen dates of the release,
f
the methods and plans for monitoring the genetically modified organisms and for emergency response,
g
the evaluation of the environmental impact of the genetically modified organisms, in particular any pathogenic and/or ecologically disruptive effects, and
h
either —
i
the conditions or limitations in accordance with which the committee appointed by the Secretary of State under section 124 of the Act has advised that the consent should be granted, or
ii
a summary of the reasons why that committee has advised that the consent should not be granted.
4
Where —
a
the application is for a consent to market genetically modified organisms,
b
an application for a consent to release genetically modified organisms contains a statement that a detailed description of the organisms and the details of the purpose for which the organisms will be released have been published, or
c
the Secretary of State is notified, under the conditions of a consent to release genetically modified organisms which he granted in relation to an application, that a detailed description of the organisms and the details of the purpose for which the organisms will be released have been published,
the information prescribed under paragraph (3)(b) shall be the detailed description of the organisms in relation to which the application is made and the information prescribed under paragraph (3)(d) shall be the details of the purpose for which the organisms will be released.
5
In relation to consents granted under section 111(1) of the Act —
a
the fact that the consent has been granted, and a reference to the application in respect of which it was granted,
b
any conditions or limitations to which the consent is subject,
c
any information supplied to the Secretary of State in accordance with those conditions or limitations,
d
the fact that the consent has been revoked or varied, and the contents of the notice by which the consent was revoked or varied.
6
In relation to information furnished under section 111(6A) or 112(5)(b)(i) of the Act, any new information which becomes available with regard to any risks there are of damage to the environment, and in relation to information furnished under section 112(5)(b)(ii) of the Act, the effects of any releases for the assessment of any risks there are of damage to the environment.
7
In relation to convictions for any offence under section 118 of the Act —
a
the name and address of the person convicted,
b
the description of any genetically modified organisms in relation to which the conviction was obtained,
c
the offence which was committed,
d
the penalty imposed and any order made by the court under section 120 of the Act.
Keeping of the register
18
1
The information prescribed in regulation 17(2) shall be placed on the register within fourteen days of the prohibition notice being served.
2
Subject to paragraph (3), the information prescribed in regulation 17(3) shall be placed on the register within fourteen days of the receipt by the Secretary of State of the application for consent to release or market.
3
Where regulation 17(4)(c) applies, the information prescribed in regulation and (d) shall be placed on the register within twenty-eight days of the Secretary of being notified, under the conditions of a consent to release genetically modified organisms which he granted in relation to an application, that a detailed description of organisms will be released have been published.
4
The information prescribed in regulation 17(5)(a), (b) and (d) shall be placed on the register within fourteen days of the consent being granted, revoked or varied, as appropriate.
5
The information prescribed in regulation 17(5)(c), (6) and (7) shall be placed on the register within fourteen days of its receipt by the Secretary of State.
Michael Howard
Secretary of State for the Environment
18th December 1992
In witness whereof the Official Seal of the Ministry of Agriculture, Fisheries and Food is hereunto affixed on 21st December 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
David Hunt
Secretary of State for Wales
17th December 1992
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
18th December 1992


text:
1
The M40 (London–Oxford) Motorway (Stokenchurch to Waterstock Crossroads Section) Scheme 1970 is hereby varied as follows:
a
in Schedule 2, for the word “Three” there shall be substituted the word “Two”, and for the expression “A, B and C” there shall be substituted the expression “A and B”; and
b
there shall be disregarded the heavy black line given the reference letter C on the deposited plan as defined in article 4.
2
This Scheme shall come into force on 24th April 1992 and may be cited as theM40 (London–Oxford) Motorway (Stokenchurch to Waterstock Crossroads Section) Scheme 1970, Variation Scheme 1992.
Signed by authority of the Secretary of State for Transport
J. W. Fellows
Regional Director South East Region
Department of Transport
2nd March 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (National Curriculum) (Exceptions in History and Geography at Key Stage 4) Regulations 1992 and shall come into force on 1st August 1992.
2
In these Regulations —
“the Act” means the Education Reform Act 1988; a reference to the provisions of the National Curriculum in history or geography is to such attainment targets, programmes of study and assessment arrangements as are specified for the time being for the subject in relation to the fourth key stage by orders made under section 4(2) of the Act; and a reference to the fourth key stage is to the period set out in paragraph (d) of section 3(3) of the Act. Exceptions to the provisions of the National Curriculum
2
The provisions of the National Curriculum in history shall not apply —
a
in the case of a pupil in the fourth key stage at a maintained school in England who is being taught the programme of study in geography set out in the document published by Her Majesty’s Stationery Office entitled “Geography in the National Curriculum (England)” and specified in relation to that key stage by the Education (National Curriculum) (Attainment Targets and Programmes of Study in Geography) (England) (No2) Order 1991 ; or
b
in the case of a pupil in the fourth key stage at a maintained school in Wales who is being taught the programme of study set out in the document published by Her Majesty’s Stationery Office entitled “Geography in the National Curriculum (Wales)” and specified in relation to that key stage by the Education (National Curriculum) (Attainment Targets and Programmes of Study in Geography) (Wales) Order 1991 .
3
The provisions of the National Curriculum in geography shall not apply —
a
in the case of a pupil in the fourth key stage at a maintained school in England who is being taught the programme of study in history referred to as Model 2 in and specified in relation to the fourth key stage by the Education (National Curriculum) (Attainment Targets and Programmes of Study in History) (England) Order 1991 ; or
b
in the case of a pupil in the fourth key stage at a maintained school in Wales who is being taught the programme of study in history referred to as Model B in and specified in relation to that key stage by the Education (National Curriculum) (Attainment Targets and Programmes of Study in History) (Wales) Order 1991 .
Kenneth Clarke
30th January 1992 Secretary of State for Education and Science
David Hunt
Secretary of State for Wales
30th January 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pontefract Hospitals National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Pontefract Hospitals 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 Pontefract Hospitals 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 Pontefract General Infirmary, Friarwood Lane, Pontefract, West Yorkshire WP8 1PL 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 of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Pontefract 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 Pontefract 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 93) 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 Pontefract Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Haddock (Specified Sea Areas) (Prohibition of Fishing) Order 1992 and shall come into force on 1st August 1992.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British owned;
“length” in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No 2930/86 defining characteristics for fishing vessels( );
“sea area” means a statistical sub-area or division of the International Council for the Exploration of the Sea( ) specified in the Schedule hereto.
Prohibition and exception
2
1
Subject to paragraphs (2) and (3) below, fishing for haddock ( Melanogrammus aeglefinus ) —
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits
is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1993.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat used wholly for the purpose of conveying persons wishing to fish for pleasure with rod and line or by handline.
3
The prohibition in paragraph (1)(a) above shall not apply to fishing within that part of the sea area, ICES Statistical Division IIa (Norwegian Sea) which lies outside British fishery limits.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967( ) as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th July 1992.
John Gummer
Minister of Agriculture, Fisheries and Food
20th July 1992
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
20th July 1992
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
20th July 1992
Michael Mates
Minister of State, Northern Ireland Office
22nd July 1992