text:
1
These Rules may be cited as the Value Added Tax Tribunals (Amendment) Rules 1994 and shall come into force on 1st November 1994.
2
1
The Value Added Tax Tribunals Rules 1986 (“the 1986 Rules ”) shall be amended in accordance with the following provisions of these Rules.
2
In these Rules, a rule referred to by number alone means the rule so numbered in the 1986 Rules.
3
In the Arrangement of Rules there shall be inserted —
a
after rule 21 — “21A. Affidavits and depositions made in other legal proceedings.”; and
b
after rule 30 — “30A. Appeals from tribunal.”.
4
In rule 2 —
a
for “value added tax tribunals” wherever it appears there shall be substituted “ VAT and duties tribunals”;
b
in the definition of “the Act”, for “1983” there shall be substituted “1994”;
c
after the definition of the Act there shall be inserted —
“the 1985 Act ” means the Finance Act 1985 ;
;
d
in the definition of the appellant, for “section 40 of the Act” there shall be substituted “section 83 of the Act or sections 16 or 60 of the Finance Act 1994 ”;
e
after the definition of disputed decision there shall be inserted —
“evasion penalty appeal” means an appeal against an assessment to a penalty under section 60 or section 61 of the Act, or section 8 of or paragraph 12 of Schedule 7 to, the Finance Act 1994 which is not solely a mitigation appeal and any accompanying appeal by the appellant against an assessment for the amount of tax alleged to have been evaded by the same conduct as that in the appeal against the assessment to a penalty;
;
f
in the definition of mitigation appeal, after “section 13(4) of the Finance Act 1985” there shall be inserted “(in respect of penalties imposed before 27th July 1993), section 70 of the Act, or section 8 of or paragraph 13 of Schedule 7 to the Finance Act 1994”;
g
in the definition of the President, for “Value Added Tax Tribunals” there shall be substituted “the VAT and duties Tribunals”;
h
for the definition of reasonable excuse appeal there shall be substituted —
“reasonable excuse appeal” means an appeal which, according to the notice of appeal or other document received from the appellant at the appropriate tribunal centre, is against a decision of the Commissioners with respect to the liability to or the amount of a penalty or surcharge on grounds confined to those set out in sections 59(7), 62(3), 63(10), 64(5), 65, 66, 67(8), 68(4), or 69(8) of the Act or sections 9, 10 or 11 of or paragraphs 14 to 19 of Schedule 7 to, the Finance Act 1994;
;
i
in the definition of the Registrar, for “Lord Chancellor or, in Scotland, the Secretary of State” there shall be substituted “President”;
j
after the definition of the Registrar there shall be inserted —
“tax” in relation to an appeal or application, means any tax, duty, levy or security to which that appeal or application relates;
;
k
the definition of “section 13 penalty appeal” shall be omitted.
5
In rule 3(2) —
a
after sub-paragraph (a), there shall be inserted —
aa
state the date (if any) with effect from which the appellant was registered for tax and the nature of his business;
; and
b
the words “set out, or” in sub-paragraph (d) shall be deleted.
6
In rule 7 —
a
for “a section 13 penalty appeal”, wherever it appears, there shall be substituted “an evasion penalty appeal”; and
b
after paragraph 1(a) there shall be inserted —
aa
a statement of case served by the Commissioners in accordance with (a) above shall include full particulars of the alleged dishonesty and shall state the statutory provision under which the penalty or tax is assessed or the decision is made
.
7
In rule 8 —
a
for “section 13 penalty appeals” there shall be substituted “evasion penalty appeals”; and
b
at the end there shall be inserted “and the statutory provision under which the tax or penalty is assessed or the decision is made”.
8
In rule 12, for “Partners” at the beginning of the rule, there shall be substituted “One or more partners”.
9
For rule 13 there shall be substituted —
13
1
This rule applies where, in the course of proceedings, the liability or interest of the applicant or appellant passes to another person (“the successor”) by reason of death insolvency or otherwise.
2
The tribunal may direct, on the application of the Commissioners or the successor, and with the written consent of the successor, that the successor shall be substituted for the applicant or appellant in the proceedings.
3
Where the tribunal is satisfied that there is no person interested in the application or appeal, or the successor fails to give written consent for his substitution in the proceedings within a period of two months after being requested to do so by the tribunal it may, of its own motion or on application by the Commissioners and after giving prior written notice to the successor, dismiss the application or appeal.
.
10
In rule 16 —
a
for “the Commissioners”, in paragraph (1), there shall be substituted “the other parties to the appeal”; and
b
for “section 40(4)”, in paragraph (2), there shall be substituted “section 84(8)”.
11
In rule 19(3) —
a
after “a tribunal may” there shall be inserted “of its own motion or”; and
b
at the end there shall be inserted “including the joining of other persons as parties to the appeal”.
12
After rule 19(3) there shall be inserted —
3A
Where a notice is served under section 61 of the Act and appeals are brought by different persons which relate to, or to different portions of, the basic penalty referred to in the notice, the tribunal may, of its own motion or on the application of any party to any such appeal, give any direction it thinks fit as to the joinder of the appeals.
13
After rule 20(1) there shall be inserted —
1A
The list of documents to be served by the Commissioners in accordance with paragraph (1) shall contain a reference to the documents relied upon in reaching a decision on a review under section 15 or 59 of the Finance Act 1994.
14
In rule 20(2)(a), for “a section 13 penalty appeal” there shall be substituted “an evasion penalty appeal”.
15
In rule 21(6)(a), for “a section 13 penalty appeal” there shall be substituted “an evasion penalty appeal”.
16
In rule 22(4)(b), after “principal office” there shall be inserted “in the United Kingdom or the Isle of Man”.
17
In rule 26 —
a
the words from “, but any decision” in paragraph (2) to the end of that paragraph shall be omitted; and
b
after paragraph (2) there shall be inserted —
3
Subject to paragraph (4) below, the tribunal may set aside any decision or direction given in the absence of a party on such terms as it thinks just, on the application of that party or of any other person interested served at the appropriate tribunal centre within 14 days after the date when the decision or direction of the tribunal was released.
4
Where a party makes an application under paragraph (3) above and does not attend the hearing of that application, he shall not be entitled to apply to have a decision or direction of the tribunal on the hearing of that application set aside.
.
18
In rule 27(1) —
a
for “a section 13 penalty appeal” in paragraph (1), there shall be substituted “an evasion penalty appeal”;
b
after “appeal” in sub-paragraph (c) there shall be inserted “or application”.
19
For rule 27(2) there shall be substituted —
2
At the hearing of an evasion penalty appeal, or an appeal against a penalty imposed under section 114(2) of the Customs and Excise Management Act 1979 or section 22 or section 23 of the Hydrocarbon Oil Duties Act 1979 , the tribunal shall follow the same procedure as is set out in paragraph (1) of this rule for the hearing of an appeal or application, but as if there were substituted —
a
“the Commissioners” for “the appellant or applicant”;
b
“their” for “his” in sub-paragraphs (a), (c), (h) and (j);
c
“in opposition to” for “in support of” in sub-paragraphs (b), (c) and (d); and
d
“in support of” for “in opposition to” in sub-paragraphs (f), (g) and (h).
.
20
At the end of rule 27(4) there shall be added “and in particular may determine the order in which the matters mentioned in paragraphs (1) and (2) are to take place.”.
21
In rule 29(3), for “Rules 347 to 349 both inclusive of the Rules of Court enacted by the Act of Sederunt (Rules of Court) (Consolidation and Amendment) 1965 ” there shall be substituted “Chapter 42 of the Act of Sederunt (Rules of the Court of Session 1994) ”.
22
In rule 29(4) for “provision” there shall be substituted “provisions”.
23
The following shall be substituted for rule 30(8) —
8
If, at the conclusion of the hearing of a mitigation appeal or a reasonable excuse appeal the chairman gives or announces the decision of the tribunal, he may ask the parties present at the hearing whether they require the decision to be recorded in a written document in accordance with paragraph (1) of this rule, and if none of the parties present requires this the provisions of this rule shall apply as if the appeal had been an application.
.
24
In rule 30A , after “1986” there shall be inserted “or Article 2(b) of the Value Added Tax Tribunals Appeals (Northern Ireland) Order 1994 , as appropriate,”.
Mackay of Clashfern, C.
5th October 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Export of Goods (Control) Order 1994 and shall come into force for the purpose of issuing general licences on 4th May 1994 and for all other purposes on 25th May 1994.
2
In this Order, unless the context otherwise requires —
“aircraft” means a fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing airborne vehicle or helicopter;
“basic scientific research” means experimental or theoretical work undertaken principally to acquire new knowledge of the fundamental principles of phenomena or observable facts and not primarily directed towards a specific practical aim or objective;
“country” includes territory;
“development” means any activity or phase prior to production and may include or relate to design, design research, design analysis, design concepts, design data, assembly and testing of prototypes, pilot production schemes, the process of transforming design data into a product, configuration design, integration design, or layout;
“document” includes any medium or device by means of which information is recorded or stored including a magnetic or optical disk or tape or a solid state memory;
“goods”, unless otherwise specified, means both used and unused goods;
“importation” and “exportation” in relation to a vessel, submersible vehicle or aircraft includes the taking into or out of the United Kingdom of the vessel, submersible vehicle or aircraft notwithstanding that the vessel, submersible vehicle or aircraft is conveying goods or passengers, and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“isolated live cultures” includes live cultures in dormant form and in dried preparations;
“Member State” means a Member State of the European Communities;
“microorganisms” means bacteria, viruses, mycoplasms, rickettsiae, chlamydiae or fungi, whether natural, enhanced or modified, either in the form of isolated live cultures or as material including living material which has been deliberately inoculated or contaminated with such cultures;
“microprogramme” means a sequence of elementary instructions, maintained in a special storage, the execution of which is initiated by the introduction of its reference instruction into an instruction register;
“normal commercial journey” means a journey providing transport services in the ordinary course of business;
“production” includes all production phases, including construction, production engineering, manufacture, integration, assembly (which includes mounting), inspection, testing and quality assurance;
“programme” means a sequence of instructions to carry out a process in, or convertible into, a form executable by an electronic computer;
“scheduled journey” means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such manner that the benefits thereof are available to members of the public from time to time seeking to take advantage of it;
“software” means one or more programmes or microprogrammes fixed in any tangible medium of expression;
“surface effect vehicle” means any air cushion vehicle (whether side wall or skirted) and any vehicle using the wing-in-ground effect for positive lift;
“technology” means any document including blueprints, plans, diagrams, models, formulae, tables, engineering designs or specification, manuals or instructions, necessary for the development, production or use of goods except:
a
any document the information within which is generally available to the public or relates to basic scientific research;
b
any application for the grant of a patent (or any other form of protection for an invention) or for the registration of a design, or a semiconductor topography, in each case under the law of the United Kingdom or of any other country or under any treaty or international convention;
c
any document necessary to enable any such application to be filed, made or pursued;
“toxins” means toxins in the form of deliberately isolated preparations or mixtures, no matter how produced, other than toxins present as contaminants of other materials such as pathological specimens, crops, foodstuffs or seed stocks of microorganisms;
“use” means operation, installation (which includes on-site installation), maintenance, checking, repair, overhaul and refurbishing;
“vessel” includes any ship, surface effect vehicle, small waterplane area vessel and hydrofoil, and the hull or part of the hull of a vessel.
3
In this Order —
a
a prohibition on exportation is a prohibition on exportation from the United Kingdom including a prohibition on shipment as ships' stores; and
b
numerical references in Schedule 1 hereto to standards and recommendations are references to the relevant standards and recommendations so numbered with such amendments (if any) thereto as may have been published before the making of this Order.
Prohibitions and restrictions on exportation
2
Subject to the provisions of this Order, all goods of a description specified in Schedule 1 hereto are prohibited to be exported to any destination.
Exceptions
3
Nothing in this Order shall be taken to prohibit the exportation of —
Licensed exports
a
any goods under the authority of a licence granted by the Secretary of State, provided that all conditions attaching to the said licence are complied with;
Channel Islands
b
any goods other than goods of a description specified in Group 1 of Part III of Schedule 1 hereto, to any destination in the Channel Islands;
Aircraft
c
i
any aircraft which is being exported after temporary importation into the United Kingdom provided that there has been no change of ownership or registration since such importation;
ii
any aircraft on a scheduled journey;
Vessels
d
i
any vessel registered or constructed outside the United Kingdom which is being exported after temporary importation into the United Kingdom;
ii
any vessel which is departing temporarily from the United Kingdom on trials;
iii
any vessel proceeding on a normal commercial journey;
Firearms and ammunition
e
i
any firearm falling within category B, C or D of Annex 1 to Council Directive 91/477/ EEC , related ammunition and telescopic sight for use therewith to any destination in a Member State if
aa
the firearm, ammunition and telescopic sight form part of the personal effects of a person who is in possession of
i
a European firearms pass which has been issued to him under section 32A of the Firearms Act 1968 or
ii
a document which has been issued to him under the provisions of the law of a Member State corresponding to the provisions of that section
and which, in either case, relates to the firearm in question; and
bb
either the said pass or document issued to him contains authorisation for the possession of the said firearm from the Member State of destination and any other Member State through which the holder intends that the firearm will pass on its way to that destination, or the holder of the firearm can on request satisfy the proper officer of Customs and Excise at the place of export
i
that the export of the firearm is necessary to enable the holder to participate in one of the activities specified in Article 12.2 of the said Directive,
ii
that the firearm falls within the category appropriate to that activity in accordance with the said Article 12.2 and
iii
that the export or passage of the firearm is not to or, as the case may be, through a Member State which prohibits or requires an authorisation for the acquisition or possession of the said firearm; and
ii
any firearm authorised to be possessed or, as the case maybe, purchased or acquired, by a valid firearm certificate or shot gun certificate granted under the Firearms Act 1968 or by a visitor’s firearm or shot gun permit granted under section 17 of the Firearms (Amendment) Act 1988 or by a valid firearm certificate granted under the Firearms (Northern Ireland) Order 1981 or granted in the Isle of Man under the Firearms Act 1947 (an Act of Tynwald) as amended by the Firearms Act 1968 (an Act of Tynwald) and the Air Guns and Shot Guns, etc. Act 1968 (an Act of Tynwald) , related ammunition and telescopic sight for use therewith
aa
to any destination in a Member State by any person or body specified in Article 2.2 of the said Directive, or by the holder of a firearm certificate granted under the said Act of 1947, or
bb
to any other destination other than a destination in South Africa,
provided that the firearm, ammunition and telescopic sight form part of the personal effects of the holder of the certificate and, in a case to which (bb) applies, the certificate is produced by the holder, or his duly authorised agent, with the firearm and ammunition to the proper officer of Customs and Excise at the place of export;
Permitted ships' stores
or the shipment of any goods as ships' stores with the permission of the proper officer of Customs and Excise at the port of departure for use on board the ship provided that all conditions attaching to the said permission are complied with.
Customs powers to demand evidence of destination which goods reach
4
Any exporter or any shipper of goods which have been exported from the United Kingdom shall, if so required by the Commissioners of Customs and Excise, furnish within such time as they may allow proof to their satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted for the purposes of this Order, or
b
a destination to which their exportation was not prohibited by this Order;
and, if he fails to do so, he shall be liable to a customs penalty not exceeding two thousand pounds unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc
5
1
If for the purpose of obtaining any licence or permission under this Order for the exportation or shipment as ships' stores of any goods any person
i
makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or
ii
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence; and any licence or permission which may have been granted for the exportation or shipment as ships' stores of any goods in connection with the application for which the false statement was made or the false document or information furnished, shall be void as from the time it was granted.
2
A person guilty of an offence under paragraph (1) above shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum; and
b
on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both.
3
Any person who —
a
has exported goods from the United Kingdom under the authority of a licence granted by the Secretary of State in pursuance of article 3(a); and
b
fails to comply with any condition attaching to that licence, or fails to comply with article 8 of this Order;
shall be guilty of an offence and liable
i
on summary conviction to a fine not exceeding the statutory maximum, and
ii
on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both:
Provided that no person shall be guilty of an offence under this paragraph where he proves —
i
that the condition with which he failed to comply was modified, otherwise than with his consent, by the Secretary of State; and
ii
that the goods in relation to which he failed to comply with the condition had, at the time the condition was modified, been exported from the United Kingdom.
Declaration as to goods: powers of search
6
1
Any person who, on any occasion, is about to leave the United Kingdom shall, if on that occasion he is required to do so by an officer of Customs and Excise —
a
declare whether or not he has with him any goods the export of which from the United Kingdom is subject to any prohibition or restriction under this Order; and
b
produce any such goods as aforesaid which he has with him;
and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence and liable to a customs penalty not exceeding one thousand pounds.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence and liable on summary conviction to a customs penalty not exceeding two thousand pounds and on conviction on indictment to a customs penalty of any amount or imprisonment for a term not exceeding 2 years, or to both.
Licences
7
1
A licence granted by the Secretary of State in pursuance of article 3(a) or having effect as if so granted may be either general, or special, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the Secretary of State at any time.
2
A licence may be subject to or without conditions and any such condition may require any act or omission before or after the exportation of goods under the licence.
3
Any permission granted by the proper officer of Customs and Excise for the shipment of any goods as ships' stores may be modified or revoked by such officer at any time.
4
Subject to the provisions of Schedule 1, or any contrary provisions in a licence, a licence granted in relation to any goods specified in Part III of Schedule 1 shall also authorize the export of the minimum technology required for the installation, operation, maintenance and repair of the goods, to the same destination as the goods.
Use of General Licences
8
1
Before or within 30 days after the first exportation of any goods by a person under the authority of any general licence granted under this Order that does not provide otherwise, that person shall give written notice to the Secretary of State of the following particulars —
i
the name of the person; and
ii
the address at which copies of the records referred to in paragraph (3) below may be inspected by any person authorised by the Secretary of State under paragraph (3).
2
After any change in any of the said particulars, before or within 30 days after the first exportation of any goods under the authority of any general licence granted under this Order that does not provide otherwise, the said person shall give written notice to the Secretary of State of that change.
3
Subject to the provisions of the particular general licence under which he has exported goods, any person who has exported goods under the authority of a general licence shall keep records of every such exportation including the following information: —
a
in so far as it is known to him, the name and address of any consignee of the goods, and any person to whom the goods are to be, or have been, delivered;
b
his address;
c
the date of exportation;
d
a description of the goods including the quantity of goods exported;
e
any further information required by the licence to be kept;
and any such records shall be kept for at least 4 years from the date of the relevant exportation; and he shall permit any such records to be inspected, and copied, by any person authorised by the Secretary of State; and for these purposes any such person shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter the premises the address of which has been most recently notified to the Secretary of State under paragraph (1) or (2).
4
Where any records referred to in paragraph (3) are kept in a form which is not legible the exporter shall at the request of the person authorised by the Secretary of State reproduce such records in a legible form.
5
Any notice to be given by a person under paragraph (1) or (2) may be given by the agent of that person and shall be sent by post or delivered to the Secretary of State at The Compliance Unit, DTI , Kingsgate House, 66-74 Victoria Street, London, SW1E 6SW.
Revocations
9
1
The Order specified in Part 1 of Schedule 2 is hereby revoked except in so far as it applies to the exportation of antiques, as specified in column 3 of that Part of Schedule 2.
2
The Orders specified in Part 2 of Schedule 2 are hereby revoked.
Richard Needham
Minister for Trade
Department of Trade and Industry
April 1994


text:
1
This Order may be cited as the A1 Trunk Road (Islington) Red Route Traffic Order 1993 Variation Order 1994, and shall come into force on 12th December 1994.
2
The A1 Trunk Road (Islington) Red Route Traffic Order 1993 is varied as provided by the following provisions of this Order.
3
In article 2 —
a
for paragraph (4)(a) substitute the following paragraph —
a
if the Schedule is Schedule 1 or 4, a reference to every part of the length of road described in a single paragraph in the Schedule or Part of the Schedule in question;
;
b
in paragraph (4)(b), for the words “2, 3 or 4” substitute the words “2 or 3”, and for the word “carriageway” substitute the word “road”.
4
In article 4, in paragraph (3)(b), for the words “2 hours” in both places where they occur substitute the words “3 hours”.
5
In article 7, after subparagraph (e), add the following subparagraph —
or
f
a vehicle which bears the Royal Mail livery to wait at the edge of a carriageway for as long as may be necessary for the purposes of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
.
6
In Schedule 2, in paragraph 1, for the words “12 metres” substitute the words “31.8 metres”.
7
In Schedule 3, after paragraph 26, insert the following paragraph —
26A
Between a point 8 metres south east of the party wall of Nos 375 and 373 City Road and a point 8 metres north west of the party wall of Nos 359 and 361 City Road.
.
8
In Schedule 4, in paragraph 26, for the words “12 metres” substitute the words “31.8 metres”.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
15th November 1994.


text:
1
These Regulations may be cited as the Civil Aviation (Navigation Services Charges) (Fourth Amendment) Regulations 1994 and shall come into force on 1st April 1994.
2
The Civil Aviation (Navigation Services Charges) Regulations 1991 shall be amended as follows —
1
In regulation 2(1), for the Table there shall be substituted the following Table —
TABLE
Column 1 Column 2
Heathrow-London For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes £1.69 For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes £0.69 Gatwick-London For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes £1.69 For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes £0.69 Stansted-London For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes £1.69 For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes £0.69 Aberdeen (Dyce) £4.07 Edinburgh £3.56 Glasgow £2.72
2
In regulation 6 for “a charge of ninety-six pounds” there shall be substituted “a chargeof eighty-five pounds”.
3
In regulation 7(1) for “a charge of one hundred and fifteen pounds”there shall be substituted “a charge of one hundred and thirty five pounds”.
4
In regulation 7(3) for “a charge of sixty-eight pounds” there shall be substituted “a charge of seventy pounds”.
Signed by authority of the Secretary of State for Transport
Mackay of Ardbrecknish
Parliamentary Under Secretary of State,
Department of Transport
25th February 1994
We consent to the making of these Regulations
Irvine Patnick
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
1st March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chase Farm Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 13th June 1994.
2
In this Order–
“the Authority” means the New River Health Authority;
“the Trust” means the Chase Farm Hospitals 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 10th January 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th June 1994 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
16th May 1994


text:
Citation and commencement
1
This Order may be cited as the Water Undertakers (Rateable Values) Order 1994 and shall come into force on the day after the day on which it is made.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Finance Act 1988;
“ Central Lists Regulations ” means the Central Rating Lists Regulations 1994 ;
“class of hereditaments” means those hereditaments falling to be shown in the central rating list for England or the central rating list for Wales, as the case may be, by virtue of regulation 6(1) of and Part 6 of the Schedule to the Central Lists Regulations and occupied by the designated person as respects those hereditaments;
“designated person” means a person designated by regulation 5(1) of and named in Part 6 of the Schedule to the Central Lists Regulations; and in relation to a class of hereditaments “relevant designated person” means the designated person in occupation of that class;
“recalculation factor” in relation to a class of hereditaments means the factor determined in relation to that class in accordance with article 7;
“relevant year” means any year for which a rateable value falls to be determined in accordance with this Order and “relevant preceding year” means the year preceding a relevant year;
“the standard formula” means the formula T + U where —
T is the amount specified in relation to a class of hereditaments in the Schedule; and
U is the recalculation factor applicable to that class in respect of the relevant year; and
“year” means a chargeable financial year.
2
Any reference in this Order to hereditaments occupied by a person includes a reference, in the case of unoccupied hereditaments, to hereditaments owned by that person, references to occupation being construed accordingly.
3
Any reference in this Order or in the Schedule to a designated person by name is to the company bearing that name at the date that name is entered in the central rating list for England or the central rating list for Wales, as the case may be.
Rounding of numbers
3
Where (apart from this article) any rateable value determined under this Order would include a fraction of a pound —
a
the fraction shall be made up to one pound if it would exceed 50p, and
b
the fraction shall be ignored if it would be 50p or less.
Revocations and savings
4
1
Subject to paragraph (2), there are hereby revoked with effect from 1st April 1995 the following —
a
the Water Undertakers (Rateable Values) Order 1989 ;
b
article 3(1) of the Non-Domestic Rating (Appropriate Fraction and Rateable Values) Order 1991 ; and
c
the Water Undertakers (Rateable Values) (Amendment) Order 1993 .
2
ithout prejudice to section 16(1) of the Interpretation Act 1978 , the provisions of the Orders mentioned in paragraph (1) shall continue to have effect on and after 1st April 1995 for the purposes of and for purposes connected with —
a
any alteration of a list in force immediately before 1st April 1995; or
b
any provision made by regulations made under section 58 of the 1988 Act (special provision for 1995 onwards) as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.
Rateable values
5
In the case of each class of hereditaments, paragraphs 2 to 2B of Schedule 6 to the 1988 Act shall not apply in any year beginning on or after 1st April 1995 and its rateable value —
a
in the year beginning on 1st April 1995, shall be the amount specified in relation to it in the Schedule; and
b
subject to article 10, in any year beginning on or after 1st April 1996, shall be the amount produced in respect of that year by applying the standard formula in relation to that class.
Recalculation factor interpretation
6
1
In article 7 in relation to each class of hereditaments —
a
in any formula —
y is the relevant amount of water in relation to the period of three years ending immediately before the relevant preceding year;
Y, subject to article 7(3), is the relevant amount of water in relation to the period of three years ending on 31st March 1994; and
Z is a number having the same value as y in the last foregoing year in relation to which the applicable recalculation factor for that class was determined in accordance with article 7(2); and
b
“relevant amount of water” in relation to a relevant designated person and any period of three years means the amount calculated in accordance with paragraph (2).
2
The relevant amount of water in relation to a relevant designated person and any year is the annual average, over the three years being considered, expressed in megalitres to the nearest tenth part of a megalitre, of the amount estimated in accordance with sub-paragraph (a) less the amount estimated in accordance with sub-paragraph (b); that is to say —
a
the estimated annual average amount of water put into supply by that person in the period of three years, being water supplied both —
i
to any other person in bulk, that is to say for the purpose of augmenting or constituting the supply to be given by that person; and
ii
otherwise,
less half the estimated annual average amount of non-potable water so supplied otherwise than in bulk; less
b
half the annual average amount estimated to have been taken or supplied in bulk during that period of three years.
3
Where the relevant designated person did not supply water throughout any year in a period of three years, paragraph (2) shall apply as if for the reference to the annual average over three years there were substituted a reference to the annual average over the number of years throughout which water was supplied; and for the purposes of this paragraph any temporary suspension of supply shall be disregarded.
Recalculation factors
7
1
Where in relation to a class of hereditaments and any year the value attributable to y is less than that produced in calculating in accordance with the formula —
Y ( 102 100 )
(“the upper threshold”) and greater than that produced by calculating in accordance with the formula —
Y ( 98 100 )
(“the lower threshold”), the recalculation factor applicable to that class —
a
in the first such year shall be 0, and
b
in any subsequent such year, shall be a figure equal to the recalculation factor applicable in accordance with this article in the relevant preceding year.
2
Where in relation to any year the value attributable to y in respect of a class of hereditaments is equal to or exceeds the upper threshold or is equal to or lower than the lower threshold, the recalculation factor applicable to that class in that year shall be the figure produced by calculating in accordance with the formula —
T ( y - Y 1.5Y )
3
In relation to any class of hereditaments and any year beginning after the year in which paragraph (2) first applies to that class, paragraph (1) shall apply as if for Y there were substituted Z.
Special cases interpretation
8
In articles 9 and 10 —
“English hereditaments” means such of the scheme hereditaments and any other hereditaments as are occupied by a scheme transferee and shown in the central rating list for England;
“Schedule 2 scheme” means a scheme under Schedule 2 to the Water Industry Act 1991 ;
“scheme hereditaments” means hereditaments transferred by a Schedule 2 scheme;
“scheme transferee” means a designated person which, in consequence of a Schedule 2 scheme, occupies a class of hereditaments which immediately before the day on which the scheme comes into force are occupied by another designated person; and
“Welsh hereditaments” means such of the scheme hereditaments and any other hereditaments as are occupied by a scheme transferee and shown in the central rating list for Wales.
Application
9
Article 10 applies for the purpose of determining, as regards any day on which, pursuant to the Central Lists Regulations, English hereditaments or Welsh hereditaments occupied by a scheme transferee are shown in a central rating list, the rateable value (as a whole) of the English hereditaments, or, as the case may be, the Welsh hereditaments.
Determination of rateable values
10
1
The rateable value (as a whole) of the English hereditaments, or, as the case may be, the Welsh hereditaments shall be an amount equal to the aggregate of the amounts which, but for the Schedule 2 scheme, and subject to paragraph (2) below, would have been determined in accordance with article 5 as the rateable value of the classes of hereditaments which constitute the English hereditaments or, as the case may be, the Welsh hereditaments.
2
For the purposes of determining the recalculation factor applicable in a relevant year, article 7 shall apply as if, in calculating the amount assigned to Y or, in a case to which article 7(3) applies, the number assigned to Z, water supplied by or to the scheme transferee to or by another party to the Schedule 2 scheme were ignored.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
19th December 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
20th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the University College London Hospitals National Health Service Trust (Establishment) Order 1994 and shall come into force on 31st March 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 31st March 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the University College London 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 University College London 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 University College Hospital, Grafton Way, London WC1E 6DB, Middlesex Hospital, Mortimer Street, London W1N 4AA and associated hospitals (including the management of teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from London University.
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 Camden and Islington 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 Camden and Islington 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 Camden and Islington 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
21st March 1994


text:
1
This Order may be cited as the Finance Act 1994, section 45, (Appointed Day) Order 1994.
2
Section 45 of the Finance Act 1994 shall have effect in relation to any prescribed accounting period beginning on or after 1st June 1994.
Tim Wood
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
9th May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Scotland Healthcare National Health Service Trust (Establishment) Order 1994 and shall come into force on 17th June 1994.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 17th June 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means Central Scotland 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 Central Scotland Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(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 boards) shall be to own and manage the hospital establishments or facilities known as the Royal Scottish National Hospital and Bellsdyke Hospital, both in Larbert, Lochgreen Hospital and Westbank Day Hospital, both in Falkirk, Bannockburn Hospital, Kildean Hospital, Orchard House Day Hospital and Princes Street Day Hospital, all in Stirling, Clackmannan County Hospital and Day Hospital and Sauchie Hospital, all in Alloa, Bo'ness Hospital and Bonnybridge Hospital and Day Hospital and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with those establishments and the support services related thereto.
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 October 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 in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of acquiring or disposing of land and other property; and
d
of doing such other things as are reasonably necessary for the said purposes.
Assistance by health board before operational date
7
1
The Forth Valley Health Board 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 Forth Valley Health Board 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 the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Forth Valley Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
14th June 1994


text:
1
This Order may be cited as the Charities (The National Trust for Places of Historic Interest or Natural Beauty) Order 1994 and shall come into force on the fourteenth day after the day on which it is made.
2
The Scheme set out in the Appendix to this Order shall have effect.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
16th August 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (No. 2) Act 1986 (Amendment) Order 1994 and shall come into force on 1st April 1994.
2
In this Order “ the Act ” means the Education (No. 2) Act 1986.
Amendments
2
The following amendments shall be made to paragraph (h) of section 30(2) of the Act–
a
the word “and” at the end of sub–paragraph (ii) shall be deleted;
b
the word “and” shall be inserted at the end of sub–paragraph (iii); and
c
after sub–paragraph (iii) there shall be inserted–
iv
stating the total amount of any travelling and subsistence allowances paid to members of the governing body in that period;
.
3
For section 30(2)(i) of the Act there shall be substituted–
i
to give such information about public examinations and other assessments of pupils' achievements, the continuing education of pupils leaving the school and the employment or training taken up by such pupils as is required to be published by virtue of section 8(5) of the 1980 Act;
.
John Patten
Secretary of State for Education
7th March 1994
John Redwood
Secretary of State for Wales
10th March 1994


text:
Citation, Commencement and Interpretation
1
1
These Regulations may be cited as the Education (Schools Conducted by Education Associations) (Amendment) Regulations 1994 and shall come into force on 9th May 1994.
2
In these Regulations “the principal Regulations ” means the Education (Schools Conducted by Education Associations) Regulations 1993 .
Amendment of Principal Regulations
2
After regulation 4 of the principal Regulations, there is inserted the following regulation —
4A
The Education (Acquisition of Grant-maintained Status) (Transitional Functions) Regulations 1993 shall have effect in relation to the exercise by an education association named in an order made under section 220 of the Act in respect of a school of the functions conferred on them under Schedule 4 to the Act during the period beginning when the order is made and ending immediately before the transfer date as those Regulations have effect in relation to the exercise by a new governing body incorporated under section 34(1) of the Act of their functions under that Schedule, with the following modifications
a
in regulation 3(1), for the reference to the implementation date there is substituted a reference to the transfer date;
b
regulations 3(2) and 4(4) are omitted;
c
for regulation 4(5) and (6) there is substituted the following —
5
The education association shall
a
interview such applicants for the post as they think fit; and
b
where they consider that it is appropriate to do so, appoint one of the applicants interviewed by them.
6
If the education association do not appoint any of the applicants interviewed by them, they
a
may, if they think fit, re-advertise the vacancy in the manner required by paragraph (3) above; and
b
whether or not they re-advertise the vacancy, may repeat the steps mentioned in paragraph (5) above.
;
d
in regulation 5(3), for the reference to the implementation date there is substituted a reference to the transfer date; and
e
in regulation 7(1)(d), for the reference to the school becoming grant-maintained there is substituted a reference to the school beginning to be conducted by the education association.
.
3
For Schedule 1 to the principal Regulations there is substituted the following


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Construction Products (Amendment) Regulations 1994 and shall come into force on 1st January 1995.
2
Until 1st January 1997 nothing in these Regulations shall prevent a product which bears an EC marking in accordance with the 1991 Regulations from being placed on the market and brought into service.
Interpretation
2
In these Regulations “the 1991 Regulations” means the Construction Products Regulations 1991.
Amendment to the Construction Products Regulations 1991
3
In the 1991 Regulations for the words “EC mark” in each place where they occur there shall be substituted the words “CE marking”.
4
Regulation 2(1) of the 1991 Regulations (Interpretation) shall be amended as follows —
a
after the definition of “certification body” there shall be added the following definition —
“CE marking” means the CE conformity marking referred to in regulation 5 consisting of the symbol “CE” in the form provided for in Schedule 1
the definition of “EC mark” shall be omitted; and
in the definition of “the Directive”, after the words “relating to construction products” there shall be added the words “as amended by Council Directive 93/ 68/ EEC relating to the CE marking of construction products ”.
5
For Regulation 4 of the 1991 Regulations (Products bearing the CE marking) there shall be substituted the following Regulation —
4
1
Subject to paragraph (2) any construction product which bears the CE marking shall be presumed to satisfy the relevant requirement in regulation 3 unless there are reasonable grounds for suspecting that the product does not satisfy that requirement or that the CE marking has not been affixed in accordance with regulation 5.
2
Where one or more of any other Community Directives applying to the product allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity only to the Directives applied by the manufacturer.
6
Regulation 5 of the 1991 Regulations (CE marking and other information on or accompanying products) shall be amended as follows —
a
in sub-paragraph (a) of paragraph (1) after the words “his agent”, in each place where they occur there shall be added the words “or authorised representative”;
b
in sub-paragraph (b)(ii) of paragraph 1 for the words “third possibility” substitute “second possibility”;
c
in paragraph 2 there shall be added the following sub-paragraph —
e
In a case to which regulation 4(2) applies the particulars (as published in the Official Journal of the European Communities) of the Directives which have been applied shall be given in the documents, notices or instructions required by those Directives and accompanying such products;
d
for sub-paragraph (c) of paragraph (3) there shall be substituted the following sub-paragraph —
c
affixes to a construction product or its packaging
i
markings which are likely to deceive any person as to the meaning and form of the CE marking; or
ii
any other marking or label which reduces the visibility or legibility of the CE marking;
e
for sub-paragraph (e) of paragraph (3) there shall be substituted the following sub-paragraph —
e
supplies, on the first occasion on which it is supplied in the Community, a construction product to which any mark has been affixed outside the Community which is likely to deceive any person as to the meaning and form of the CE marking,
.
7
After regulation 7 (Requirement to give information about products which do not bear the CE marking) there shall be added the following regulation —
Notice of Non-Conformity
7A
Where an enforcement authority has reasonable grounds for considering that any of the provisions of regulation 5(3)(a) to (e) have been contravened in relation to any construction product and consequently that the product does not conform with the Directive, the authority may serve a notice in writing (“a notice of non-conformity”) notifying that person of the fact that the product does not conform and specifying the reasons for that opinion.
8
For Schedule 1, (Specimen form of CE marking to be placed on or to accompany products) there shall be substituted the following Schedule —
SCHEDULE 1
Regulation 2(1)
The CE conformity marking shall consist of the initials “CE” taking the following form:
If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected. The different elements of the CE marking should have materially the same vertical dimensions which should not be less than 5mm.
Signed by authority of the Secretary of State
Ullswater
Minister of State,
Department of the Environment
30th November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hartlepool and Peterlee Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 22nd December 1994.
2
In this Order —
“the Authority” means the Tees Health Authority;
“the Trust” means the Hartlepool and Peterlee Hospitals 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 21st July 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 22nd December 1994 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
24th November 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Labelling and Leaflets) Amendment Regulations 1994, and shall come into force on 14th February 1994.
2
In these Regulations, “the Labelling Regulations ” means the Medicines (Labelling) Regulations 1976 and “the Leaflets Regulations ”means the Medicines (Leaflets) Regulations 1977 .
Amendment of regulation 3(1) of the Labelling Regulations
2
In regulation 3(1) of the Labelling Regulations (interpretation) —
a
after the definition of “homoepathic product”, there shall be inserted the following definition —
“homoeopathic product to which Council Directive 92/73/ EEC applies” means a medicinal product for human use (which may contain a number of principles) prepared from products, substances or compositions called homoeopathic stocks in accordance with a homoeopathic manufacturing procedure described by the European Pharmacopoeia or, in the absence thereof, by any pharmacopoeia used officially in a member State, other than one —
i
prepared in accordance with a magistral or officinal formula as defined in Article 1(4) and (5) of the 1965 Directive, or
ii
which satisfies the criteria laid down in Article 2(4) of the 1965 Directive;
;
b
in the definition of “product to which Chapters II to V of the 1965 Directive apply” for “and Article 1 of Council Directive 89/381/EEC (e)” there shall be substituted “, Article 1 of Council Directive 89/381/EEC (e) and Article 9(1) of Council Directive 92/73/EEC ”.
Insertion of regulation 4F into the Labelling Regulations
3
After regulation 4E of the Labelling Regulations, there shall be inserted the following regulation —
Standard labelling requirements for containers and packages of certain homoeopathic products
4F
1
Containers and packages of homoeopathic products to which Council Directive 92/73/EEC applies shall be labelled in clear and legible form to show a reference to their homoeopathic nature, in particular by clear mention of the words “homoeopathic medicinal product”, in addition to any particulars required by any other provision of these regulations.
2
Where products referred to in paragraph (1) above are placed on the market in accordance with a certificate granted under the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 , containers and packages of such products shall be labelled to show the particulars set out in Schedule 9 to these regulations and no other particulars.
3
Regulations 5, 11, 14A to E, 15 and 16 of these regulations shall not apply in relation to products referred to in paragraph (2) above.
.
Insertion of Schedule 9 into the Labelling Regulations
4
After Schedule 8 to the Labelling Regulations, there shall be inserted the following Schedule —
SCHEDULE 9
STANDARD LABELLING REQUIREMENTS FOR CONTAINERS ANDPACKAGES OF HOMOEOPATHIC PRODUCTS MARKETED UNDER ACERTIFICATE GRANTED UNDER THE MEDICINES (HOMOEOPATHICMEDICINAL PRODUCTS FOR HUMAN USE) REGULATIONS 1993
Regulation 4F(2)
1
The scientific name of the stock or stocks followed by the degree of dilution, making use of the symbols of the pharmacopoeia used in relation to the homoeopathic manufacturing procedure described therein for that stock or stocks.
2
The name and address of the holder of the certificate of registration and, where different, the name and address of the manufacturer.
3
The method of administration and, if necessary, route.
4
The expiry date of the product in clear terms, stating the month and year.
5
The pharmaceutical form.
6
The contents of the sales presentation.
7
Any special storage precautions.
8
Any special warning necessary for the product concerned.
9
The manufacturer’s batch number.
10
The registration number allocated by the licensing authority preceded by the letters “HR” in capital letters.
11
The words “homoeopathic medicinal product without approved therapeutic indications”.
12
A warning advising the user to consult a doctor if the symptoms persist during the use of the product.
.
Amendment of regulation 2(1) of the Leaflets Regulations
5
1
Regulation 2(1) of the Leaflets Regulations (interpretation) shall be amended in accordance with the following paragraphs of this regulation.
2
After the definition of “the Act”there shall be inserted the following definition —
“certificate of registration” means a certificate granted under the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994;
.
3
After the definition of “generator” there shall be inserted the following definitions —
“homoeopathic medicinal product” means a medicinal product (which may contain a number of principles) prepared from products, substances or compositions called homoeopathic stocks in accordance with a homoeopathic manufacturing procedure described by the European Pharmacopoeia or, in the absence thereof, by any pharmacopoeia used officially in a member State;
“homoeopathic product to which Council Directive 92/73/EEC applies” means a homoeopathic medicinal product for human use other than one —
prepared in accordance with a magistral or officinal formula as defined in Article 1(4) and (5) of the 1965 Directive, or
which satisfies the criteria laid down in Article 2(4) of the 1965 Directive;
.
4
In the definition of “product to which Chapters II to V of the 1965 Directive apply” for “and Article 1 of Council Directive 89/381/EEC (e)” there shall be substituted “, Article 1 of Council Directive 89/381/EEC (e) and Article 9(1) of Council Directive 92/73/EEC ”.
5
In the definition of “proprietary medicinal product”, for “but does not include a homoeopathic medicinal product or” there shall be substituted “including a homoeopathic product to which Council Directive 92/73/EEC applies, but does not include a”.
Amendment of regulation 3 of the Leaflets Regulations
6
In paragraph (1) of regulation 3 of the Leaflets Regulations (standard requirements relating to leaflets), after “relevant medicinal products” there shall be inserted “or homoeopathic products to which Council Directive 92/73/EEC applies”.
Insertion of regulation 3B into the Leaflets Regulations
7
After regulation 3A of the Leaflets Regulations, there shall be inserted the following regulation —
Standard requirements relating to leaflets for homoeopathic products
3B
Subject to the following provisions of these regulations, any leaflet which is enclosed in or supplied with the packaging of a proprietary medicinal product which is a homoeopathic product to which Council Directive 92/73/EEC applies and which is placed on the market in the United Kingdom in accordance with a certificate of registration, shall, in addition to clear mention of the words “homoeopathic medicinal product”, contain the particulars set out in Schedule 3 to these regulations and no other particulars.
.
Amendment of regulation 4 of the Leaflets Regulations
8
In paragraph (1) of regulation 4 of the Leaflets Regulations (general provisions) after the words “Part II of the Act” there shall be inserted “or any certificate of registration”.
Amendment of regulation 5 of the Leaflets Regulations
9
In regulation 5 of the Leaflets Regulations (approval of contents of leaflets) —
a
in paragraph (1), after “product licence” there shall be inserted “or of a certificate of registration”;
b
in paragraph (2), after the words “product licence” there shall be inserted “or of a certificate of registration” and after “holder of the licence” there shall be inserted “or certificate”.
Insertion of Schedule 3 into the Leaflets Regulations
10
After Schedule 2 to the Leaflets Regulations, there shall be inserted the following Schedule —
SCHEDULE 3
PARTICULARS REQUIRED TO BE INCLUDED IN LEAFLETS RELATING TO HOMOEOPATHIC PRODUCTS MARKETED UNDER A CERTIFICATE OF REGISTRATION
Regulation 3B
1
The scientific name of the stock or stocks followed by the degree of dilution, making use of the symbols of the pharmacopoeia used in relation to the homoeopathic manufacturing procedure described therein for that stock or stocks.
2
The name and address of the holder of the certificate of registration and, where different, the name and address of the manufacturer.
3
The method of administration and, if necessary, route.
4
The expiry date of the product in clear terms, stating the month and year.
5
The pharmaceutical form.
6
The contents of the sales presentation.
7
Any special storage precautions.
8
Any special warning necessary for the product concerned.
9
The manufacturer’s batch number.
10
The registration number allocated by the licensing authority preceded by the letters “HR” in capital letters.
11
The words “homoeopathic medicinal product without approved therapeutic indications”.
12
A warning advising the user to consult a doctor if the symptoms persist during the use of the product.
.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State
Department of Health
16th December 1993
John Redwood
Secretary of State for Wales
19th January 1994
Fraser of Caimyllie
Minister of State The Scottish Office
16th December 1993
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 17th December 1993.
F. A. Elliott
Permanent Secretary