text:
Citation and commencement
1
These Regulations may be cited as the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 and shall come into force on 31st January 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“aerosol dispenser” means an article which consists of a non-reusable receptacle containing a gas compressed, liquefied or dissolved under pressure, with or without liquid, paste or powder and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state;
“the Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 and adopted as respects the United Kingdom by the European Economic Area Act 1993 ;
“approved classification and labelling guide” means the guide entitled “Approved Guide to the Classification and Labelling of Substances and Preparations Dangerous for Supply (2nd Edition)” approved by the Health and Safety Commission on 18th October 1994 for the purposes of these Regulations;
“approved supply list” means the list described in regulation 4;
“category of danger” means, in relation to a substance or preparation dangerous for supply, one of the categories of danger specified in column 1 of Part I of Schedule 1;
“classification” means, in relation to a substance or preparation dangerous for supply, classification in accordance with regulation 5;
“commercial sample” means, in relation to a substance or preparation dangerous for supply, a sample of that substance or preparation provided to the recipient with a view to subsequent purchase;
“the Community” means the European Economic Community and other States in the European Economic Area;
“concentration limits” means, in relation to a substance dangerous for supply, the concentration limits for the substance (if any) specified in column 4 of Part V of the approved supply list or, where that substance is not listed in the approved supply list or appears in it without specified concentration limits, it means the concentration limits for that substance ascertained from Part II of Schedule 3;
“ EEC number” means, in relation to a substance dangerous for supply —
in the case of a substance that is included in the approved supply list, the number (if any) specified in column 3 of Part V of that list;
in the case of a substance that is not included in the approved supply list or for which an EEC number is not given in Part V of that list, the number for that substance (if any) specified in the European Inventory of Existing Commercial Chemical Substances ( EINECS ) ; or
in the case of a substance that is a new substance within the meaning of regulation 2(1) of the Notification of New Substances Regulations 1993 , the number for that substance (if any) listed in the European List of Notified Chemical Substances ( ELINCS ) ;
“the European Economic Area” means the Area referred to in the Agreement;
“the Executive” means the Health and Safety Executive;
“flash point” means the flash point determined in accordance with Part III of Schedule 1;
“freight container” means a container as defined in regulation 2(1) of the Freight Containers (Safety Convention) Regulations 1984 ;
“index number” means, in relation to a substance dangerous for supply which appears in Part I of the approved supply list, the number for that substance specified in column 2 of that Part;
“indication of danger” means, in relation to a substance or preparation dangerous for supply, one or more of the indications of danger referred to in column 1 of Schedule 2 and —
in the case of a substance dangerous for supply listed in Part I of the approved supply list, it is one or more indications of danger for that substance specified by a symbol-letter in column 3 of Part V of that list; or
in the case of a substance dangerous for supply not so listed or a preparation dangerous for supply, it is one or more indications of danger determined in accordance with the classification of that substance or preparation under regulation 5 and the approved classification and labelling guide;
“member State” means a State which is a Contracting Party to the Agreement, but until the Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein;
“package” means, in relation to a substance or preparation dangerous for supply, the package in which the substance or preparation is supplied and which is liable to be individually handled during the course of the supply and includes the receptacle containing the substance or preparation and any other packaging associated with it and any pallet or other device which enables more than one receptacle containing a substance or preparation dangerous for supply to be handled as a unit, but does not include —
a freight container (other than a tank container), a skip, a vehicle or other article of transport equipment; or
in the case of supply by way of retail sale, any wrapping such as a paper or plastic bag into which the package is placed when it is presented to the purchaser;
“packaging” means, in relation to a substance or preparation dangerous for supply, as the context may require, the receptacle, or any components, materials or wrappings associated with the receptacle for the purpose of enabling it to perform its containment function or both;
“pesticide” shall be construed in accordance with paragraph 1 of Schedule 4;
“poisons advisory centre” means a body approved for the time being for the purposes of regulation 14 by the Secretary of State for Health in consultation with the Secretaries of State for Scotland and Wales, the Health and Safety Commission and such other persons or bodies as appear to her to be appropriate;
“preparations” means mixtures or solutions of two or more substances;
“preparation dangerous for supply” means a preparation which is in one or more of the categories of danger specified in column 1 of Schedule 1;
“property” means, in relation to a substance or preparation dangerous for supply, a property described in column 2 of Part I of Schedule 1 and further described in the approved classification and labelling guide;
“receptacle” means, in relation to a substance or preparation dangerous for supply, a vessel, or the innermost layer of packaging, which is in contact with the substance and which is liable to be individually handled when the substance is used and includes any closure or fastener;
“risk phrase” means, in relation to a substance or preparation dangerous for supply, a phrase listed in Part III of the approved supply list and in these Regulations specific risk phrases may be designated by the letter “R” followed by a distinguishing number or combination of numbers but the risk phrase shall be quoted in full on any label or safety data sheet on which the risk phrase is required to be shown;
“safety phrase” means, in relation to a substance or preparation dangerous for supply, a phrase listed in Part IV of the approved supply list and in these Regulations specific safety phrases may be designated by the letter “S” followed by a distinguishing number or combination of numbers, but the safety phrase shall be quoted in full on any label or safety data sheet in which the safety phrase is required to be shown;
“substances” means chemical elements and their compounds in the natural state or obtained by any production process, including any additive necessary to preserve the stability of the product and any impurity deriving from the process used, but excluding any solvent which may be separated without affecting the stability of the substance or changing its composition;
“substance dangerous for supply” means —
a substance listed in Part I of the approved supply list; or
any other substance which is in one or more of the categories of danger specified in column 1 of Schedule 1;
“supplier” means a person who supplies a substance or preparation dangerous for supply, and in the case of a substance which is imported (whether or not from a member State) includes the importer established in Great Britain of that substance or preparation;
“supply” in relation to a substance or preparation —
means, subject to sub-paragraph (b) and (c) below, supply of that substance or preparation, whether as principal or agent for another, in the course of or for use at work, by way of —
sale or offer for sale,
commercial sample, or
transfer from a factory, warehouse or other place of work and its curtilage to another place of work, whether or not in the same ownership;
for the purposes of sub-paragraphs (a) and (b) of regulation 16(2), except in relation to regulations 7 and 12, in any case for which by virtue of those sub-paragraphs the enforcing authority for these Regulations is the Royal Pharmaceutical Society or the local weights and measures authority, has the meaning assigned to it by section 46 of the Consumer Protection Act 1987 and also includes offer to supply and expose for supply; or
in relation to regulations 7 and 12 shall have the meaning assigned to it by regulations 7(2) and 12(12) respectively;
“symbol” means the symbol shown in column 3 of Schedule 2 for the indication of danger shown in column 1 of that Schedule, and “symbol-letter” means the letter shown in the corresponding entry in column 2 of that Schedule.
2
Unless the context otherwise requires, where in these Regulations reference is made to a quantity of a substance or preparation dangerous for supply expressed in litres, that reference shall mean —
a
in the case of a liquid, the volume in litres of that liquid;
b
in the case of a gas, the volume in litres of the receptacle containing that gas; and
c
in the case of a solid, the same number of kilograms of that solid,
and for the purposes of aggregation, one kilogram of a solid shall be deemed to be equivalent to one litre of a liquid or gas.
3
Subject to regulation 19, nothing in these Regulations shall prejudice any other requirement imposed by or under any enactment which relates to a substance or preparation dangerous for supply.
4
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Application of these Regulations
3
1
These Regulations shall apply to any substance or preparation which is dangerous for supply except —
a
a substance or preparation which is dangerous by reason that it is a radioactive substance within the meaning of the Ionising Radiations Regulations 1985 but is not otherwise dangerous for supply;
b
a substance or preparation which is —
i
intended for use as an animal feeding stuff within the meaning of section 66(1) of the Agriculture Act 1970 , and
ii
in a finished state intended for the final user;
c
a cosmetic product within the meaning of regulation 2(1) of the Cosmetic Products (Safety) Regulations 1989 (including any aerosol dispenser containing a cosmetic product);
d
a substance or preparation which is —
i
intended for use as a medicinal product within the meaning of section 130 of the Medicines Act 1968 , or
ii
a substance or preparation specified in an order made under section 104 or 105 of the Medicines Act 1968 which is for the time being in force and which directs that specified provisions of that Act shall have effect in relation to that substance or preparation as such provisions have effect in relation to medicinal products within the meaning of that Act;
e
a substance or preparation which is a controlled drug within the meaning of the Misuse of Drugs Act 1971 except that these Regulations shall apply to drugs which are excepted from section 4(1)(b) of that Act (which makes it unlawful to supply a controlled drug) by regulations made under section 7(1)(a) of that Act;
f
a substance or preparation which is dangerous by reason that it contains disease producing micro-organisms but is not otherwise dangerous for supply;
g
a substance or preparation which is a sample taken by an authority responsible for the enforcement of any requirement imposed by or under any enactment;
h
munitions, and preparations which are supplied with a view to producing a practical effect by explosion or a pyrotechnic effect;
i
a substance or preparation which is —
i
intended for use as food within the meaning of section 1 of the Food Safety Act 1990 , and
ii
in a finished state intended for the final user;
j
a substance or preparation which is under customs control;
k
subject to Council Regulation EC 2455/92 on the export notification and information exchange of dangerous substances, a substance or preparation which is intended for export to a country which is not a member State;
l
a pesticide which has been approved under the Food and Environment Protection Act 1985 ;
m
a substance or preparation which is transferred from a factory, warehouse or other place of work and its curtilage to another place of work in the same ownership and in the immediate vicinity;
n
a substance to which paragraph (7) of regulation 6 of the Notification of New Substances Regulations 1993 applies (including new substances not yet fully tested) which is labelled in accordance with the provisions of that paragraph; or
o
substances, preparations and mixtures thereof in the form of wastes which are covered by Council Directives 91/156/EEC and 91/689/EEC .
2
Regulations 8 to 12 shall only apply to substances or preparations dangerous for supply which are supplied in packages.
3
Regulations 8 to 12 shall not apply to —
a
substances which are supplied with a view to producing a practical effect by explosion or a pyrotechnic effect; or
b
propane, butane or liquefied petroleum gas.
4
Paragraph (3) of regulation 9, paragraph (1) of regulation 10 and paragraph (3) of regulation 12 shall notwithstanding paragraph (1) apply to the preparations referred to in those paragraphs (unless expressly otherwise provided for) whether or not those preparations would otherwise be dangerous for supply within the meaning of regulation 2(1).
5
Where a substance or preparation dangerous for supply has been imported for delivery to its importer at his place of work, the provisions of these Regulations which relate to the labelling of that substance or preparation shall not apply until ten days after it has been delivered to the importer, if during that period it is not —
a
supplied to any other person; or
b
subjected to any form of manipulation, treatment or processing which results in the substance or preparation being exposed, or for any purpose (other than labelling in accordance with these Regulations) which results in any receptacle containing the substance or preparation being removed from its outer packaging.
6
These Regulations shall not extend to Northern Ireland.
Meaning of the approved supply list
4
The “approved supply list” means the list entitled “Information Approved for the Classification and Labelling of Substances and Preparations Dangerous for Supply (2nd Edition)” approved by the Health and Safety Commission on 18 October 1994 for the purposes of these Regulations and comprises —
a
in Part I —
i
in column 1, a list of the names of the substances for which the Commission has approved information, and
ii
in the corresponding entries in columns 2 and 3 respectively the index number and (if any) the CAS Number (for reference only) for the substance;
b
in Part II —
i
in column 1, a list of the index numbers of the substances for which the Commission has approved information, and
ii
in the corresponding entries in column 2 the names of those substances;
c
in Part III, a numbered list of the risk phrases and combinations of risk phrases which the Commission has approved;
d
in Part IV, a numbered list of the safety phrases and combinations of safety phrases which the Commission has approved;
e
in Part V, the information which the Commission has approved for each substance referred to in Part I, namely —
i
in column 1, the index number and abbreviated name (for reference only), and
ii
in the corresponding entries in columns 2 to 4, respectively the classification, the labelling data (including the EEC Number) and any concentration limits which the Commission has approved for the substance for the classification of preparations containing that substance;
f
in Part VI, a list of the conventional oral toxicity ( LD50 ) values which the Commission has approved in relation to pesticides for the purpose of classifying those pesticides in accordance with Schedule 4,
together with such notes and explanatory material as are requisite for the use of the list.
Classification of substances and preparations dangerous for supply
5
1
A supplier shall not supply a substance or preparation dangerous for supply, unless it has been classified in accordance with the following paragraphs of this regulation.
2
In the case of a substance which is listed in the approved supply list, the classification shall be that specified in the entry for that substance in column 2 of Part V of that list.
3
In the case of a substance which is a new substance within the meaning of regulation 2(1) of the Notification of New Substances Regulations 1993 and which has been notified in accordance with regulation 4 or 6(1) or (2) of those Regulations, the substance shall be classified in conformity with that notification.
4
In the case of any other substance dangerous for supply, after an investigation to become aware of relevant and accessible data which may exist, the substance shall be classified by placing it into one or more of the categories of danger specified in column 1 of Part I of Schedule 1 corresponding to the properties of the substance specified in the entry opposite thereto in column 2 and by assigning appropriate risk phrases by the use of the criteria set out in the approved classification and labelling guide.
5
Subject to paragraph (6), a preparation to which these Regulations apply shall be classified as dangerous for supply in accordance with Schedule 3 by the use of the criteria set out in the approved classification and labelling guide.
6
A preparation which is intended for use as a pesticide (other than a pesticide which has been approved under the Food and Environment Protection Act 1985) shall be classified as dangerous for supply in accordance with Schedule 4.
Safety data sheets for substances and preparations dangerous for supply
6
1
Subject to paragraphs (2) and (5), the supplier of a substance or preparation dangerous for supply shall provide the recipient of that substance or preparation with a safety data sheet containing information under the headings specified in Schedule 5 to enable the recipient of that substance or preparation to take the necessary measures relating to the protection of health and safety at work and relating to the protection of the environment and the safety data sheet shall clearly show its date of first publication or latest revision, as the case may be.
2
In this regulation “supply” shall not include supply by way of —
a
offer for sale;
b
transfer from a factory, warehouse or another place of work and its curtilage to another place of work in the same ownership; or
c
returning substances or preparations to the person who supplied them, providing that the properties of that substance or preparation remain unchanged.
3
The supplier shall keep the safety data sheet up to date and revise it forthwith if any significant new information becomes available regarding safety or risks to human health or the protection of the environment in relation to the substance or preparation concerned and the revised safety data sheet shall be clearly marked with the word “revision”.
4
Except in circumstances to which paragraph (5) relates, the safety data sheet shall be provided free of charge no later than the date on which the substance or preparation is first supplied to the recipient and where the safety data sheet has been revised in accordance with paragraph (3), a copy of the revised safety data sheet shall be provided free of charge to all recipients who have received the substance or preparation in the last 12 months and the changes in it shall be brought to their notice.
5
Safety data sheets need not be provided with substances or preparations dangerous for supply sold to the general public in circumstances to which regulation 16(2)(a) or (b) applies (relating to supply from a shop etc.) if sufficient information is furnished to enable users to take the necessary measures as regards the protection of health and safety, except that safety data sheets shall be provided free of charge at the request of persons who intend the substance or preparation to be used at work, but in those circumstances paragraph (4) (in so far as it relates to the subsequent provision of revised data sheets) shall not apply to such requests.
6
The particulars required to be given in the safety data sheets shall be in English, except that where a substance or preparation is intended to be supplied to a recipient in another member State, the safety data sheet may be in an official language of that State.
Advertisements for substances dangerous for supply
7
1
A person who supplies or offers to supply a substance dangerous for supply shall ensure that the substance is not advertised unless mention is made in the advertisement of the hazard or hazards presented by the substance.
2
In this regulation the word “supply” has the same meaning as in section 46 of the Consumer Protection Act 1987.
Packaging of substances and preparations dangerous for supply
8
The supplier of a substance or preparation which is dangerous for supply shall not sup ply any such substance or preparation unless it is in a package which is suitable for that purpose, and in particular, unless —
a
the receptacle containing the substance or preparation and any associated packaging are designed, constructed, maintained and closed so as to prevent any of the contents of the receptacle from escaping when subjected to the stresses and strains of normal handling, except that this sub-paragraph shall not prevent the fitting of a suitable safety device;
b
the receptacle and any associated packaging, in so far as they are likely to come into contact with the substance or preparation, are made of materials which are neither liable to be adversely affected by that substance nor liable in conjunction with that substance to form any other substance which is itself a risk to the health or safety of any person; and
c
where the receptacle is fitted with a replaceable closure, that closure is designed so that the receptacle can be repeatedly re-closed without its contents escaping.
Labelling of substances and preparations dangerous for supply
9
1
Subject to regulations 9 and 10 of the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 (which allow combined carriage and supply labelling in certain circumstances) and paragraphs (5) to (9), a supplier shall not supply a substance or preparation which is dangerous for supply unless the particulars specified in paragraph (2) relating to a substance or in paragraph (3) relating to a preparation, as the case may be, are clearly shown in accordance with the requirements of regulation 11 —
a
on the receptacle containing the substance or preparation; and
b
if that receptacle is inside one or more layers of packaging, on any such layer which is likely to be the outermost layer of packaging during the supply or the use of the substance or preparation, unless such packaging permits the particulars shown on the receptacle or other packaging to be clearly seen.
2
The particulars required under paragraph (1) in relation to a substance dangerous for supply shall be —
a
the name and full address and telephone number of a person in a member State who is responsible for supplying the substance, whether he be its manufacturer, importer or distributor;
b
the name of the substance, being the name or one of the names for the substance listed in Part I of the approved supply list, or if it is not so listed an internationally recognised name; and
c
the following particulars ascertained in accordance with Part I of Schedule 6, namely —
i
the indication or indications of danger and the corresponding symbol or symbols (if any),
ii
the risk phrases (set out in full),
iii
the safety phrases (set out in full), and
iv
the EEC number (if any), and, in the case of a substance dangerous for supply which is listed in Part I of the approved supply list, the words “EEC label”.
3
The particulars required under paragraph (1) in relation to a preparation which is, or (where sub-paragraph (d) below applies) may be, dangerous for supply shall be —
a
the name and full address and telephone number of a person in a member State who is responsible for supplying the preparation, whether he be its manufacturer, importer or distributor;
b
the trade name or other designation of the preparation;
c
the following particulars ascertained in accordance with Part I of Schedule 6, namely —
i
identification of the constituents of the preparation which result in the preparation being classified as dangerous for supply,
ii
the indication or indications of danger and the corresponding symbol or symbols (if any),
iii
the risk phrases (set out in full),
iv
the safety phrases (set out in full),
v
in the case of a pesticide, the modified information specified in paragraph 5 of Part I of Schedule 6, and
vi
in the case of a preparation intended for sale to the general public, the nominal quantity (nominal mass or nominal volume); and
d
where required by paragraph 5(5), of Part I of Schedule 3, the words specified in that paragraph.
4
Where the Executive receives a notification of a derogation provided for by paragraph 3(1) of Part I of Schedule 6, it shall forthwith inform the European Commission thereof.
5
Indications such as “non-toxic” or “non-harmful” or any other statement indicating that the substance or preparation is not dangerous for supply shall not appear on the package.
6
Except for the outermost packaging of a package in which a substance or preparation is transferred, labelling in accordance with this regulation shall not be required where a substance or preparation dangerous for supply is supplied by way of transfer from a factory, warehouse or other place of work and its curtilage to another place of work, if, at that other place of work it is not subject to any form of manipulation, treatment or processing which results in the substance or preparation dangerous for supply being exposed or, for any purpose other than labelling in accordance with these Regulations, results in any receptacle containing the substance or preparation being removed from its outer packaging.
7
Except in the case of a substance or preparation dangerous for supply for which the indication of danger is required to be explosive, very toxic or toxic or which is classified as sensitizing, labelling under this regulation shall not be required for such small quantities of that substance or preparation that there is no reason to fear danger to persons handling that substance or preparation or to other persons.
8
Where, in the case of a substance or preparation dangerous for supply, other than a pesticide, the package in which the substance or preparation is supplied does not contain more than 125 millilitres of the substance or preparation, the risk phrases required by paragraph (2)(c)(ii) or (3)(c)(iii), and the safety phrases required by paragraph (2)(c)(iii) or (3)(c)(iv), as the case may be, need not be shown if the substance or preparation is classified only in one or more of the categories of danger, highly flammable, flammable, oxidising or irritant or in the case of substances not intended to be supplied to the public, harmful.
9
Where, because of the size of the label, it is not reasonably practicable to provide the safety phrases required under paragraph (2)(c)(iii) or (3)(c)(iv), as the case may be, on the label, that information may be given on a separate label or on a sheet accompanying the package.
Particular labelling requirements for certain preparations
10
1
In the case of preparations to which Part II of Schedule 6 applies the appropriate provisions of that Part of the Schedule shall have effect to regulate the labelling of such preparations even if the preparations referred to in Part IIB of that Schedule would not otherwise be dangerous for supply.
2
In the case of preparations packaged in aerosol dispensers, the flammability criteria set out in Part II of Schedule 1 shall have effect for the classification and labelling of those preparations for supply in place of the categories of danger “extremely flammable”, “highly flammable” or “flammable” set out in Part I of that Schedule, and where a dispenser contains a substance so classified, that dispenser shall be labelled in accordance with the provisions of paragraph 2 of the said Part II.
Methods of marking or labelling packages
11
1
Any package which is required to be labelled in accordance with regulations 9 and 10 may carry the particulars required to be on the label clearly and indelibly marked on a part of that package reserved for that purpose and, unless the context otherwise requires, any reference in these Regulations to a label includes a reference to that part of the package so reserved.
2
Subject to paragraph (7), any label required to be carried on a package shall be securely fixed to the package with its entire surface in contact with it and the label shall be clearly and indelibly printed.
3
The colour and nature of the marking shall be such that the symbol (if any) and wording stand out from the background so as to be readily noticeable and the wording shall be of such size and spacing as to be easily read.
4
The package shall be so labelled that the particulars can be read horizontally when the package is set down normally.
5
Subject to paragraph (7), the dimensions of the label required under regulation 9 shall be as follows —
Capacity of Package Dimensions of label
a
not exceeding 3 litres
if possible at least 52 × 74 millimetres
b
exceeding 3 litres but not exceeding 50 litres
at least 74 × 105 millimetres
c
exceeding 50 litres but not exceeding 500 litres
at least 105 × 148 millimetres
d
exceeding 500 litres
at least 148 × 210 millimetres
6
Any symbol required to be shown in accordance with regulation 9(2)(c)(i) or 9(3)(c)(ii) and specified in column 3 of Schedule 2 shall be printed in black on an orange-yellow background and its size (including the orange-yellow background) shall be at least equal to an area of one-tenth of that of a label which complies with paragraph (5) and shall not in any case be less than 100 square millimetres.
7
If the package is an awkward shape or so small that it is unsuitable to attach a label complying with paragraphs (2) and (5), the label shall be attached in some other appropriate manner.
8
The particulars required to be shown on the label shall be in English, except that where a substance or preparation is intended to be supplied to a recipient in another member State, the label may be in an official language of that State.
Child resistant fastenings and tactile warning devices
12
1
The British and International Standards referred to in this regulation are further described in Schedule 7.
2
This regulation shall not apply in relation to a pesticide.
3
Subject to paragraph (5), a person shall not supply a substance or preparation referred to in paragraph (4) in a receptacle of any size fitted with a replaceable closure unless the packaging complies with the requirements of BS EN 28317 or ISO 8317.
4
Paragraph (3) shall apply to —
a
substances and preparations dangerous for supply which are required to be labelled with the indication of danger “very toxic”, “toxic”, or “corrosive”;
b
preparations containing methanol in a concentration equal to or more than 3% by weight;
c
preparations containing dichloromethane in a concentration equal to or more than 1% by weight;
d
liquid preparations having a kinematic viscosity measured by rotative viscometry in accordance with BS 2782 method 730 B or ISO 3291 of less than 7 x 10 — 6 m 2 s — 1 at 40°C and containing aliphatic or aromatic hydrocarbons or both in a total concentration equal to or more than 10% by weight, except where such a preparation is supplied in an aerosol dispenser.
5
Paragraph (3) shall not apply if the person supplying it can show that it is obvious that the packaging in which the substance or preparation is supplied is sufficiently safe for children because they cannot obtain access to the contents without the help of a tool.
6
If the packaging in which the substance or preparation is supplied was approved on or before 31 May 1993 by the British Standards Institution as complying with the requirements of the British Standards Specification BS 6652: 1989 it shall be treated in all respects as complying with the requirements of BS EN 28317.
7
A person shall not supply a preparation dangerous for supply if the packaging in which the preparation is supplied has —
a
a shape or designation or both likely to attract or arouse the active curiosity of children or to mislead consumers; or
b
a presentation or a designation or both used for human or animal foodstuffs, medicinal or cosmetic products.
8
A person shall not supply a substance or preparation referred to in paragraph (9) in a receptacle of any size, unless the packaging carries a tactile warning of danger in accordance with BS 7280 or EN Standard 272.
9
Paragraph (8) shall apply to substances and preparations dangerous for supply which are required to be labelled with the indication of danger “very toxic”, “toxic”, “corrosive”, “harmful”, “extremely flammable” or “highly flammable”.
10
A duly authorised officer of the enforcing authority, for the purpose of ascertaining whether there has been a contravention of paragraph (3) may require the person supplying a substance or preparation to which that paragraph applies to provide him with a certificate from a qualified test house stating that —
a
the closure is such that it is not necessary to test to BS EN 28317 or ISO 8317; or
b
the closure has been tested and found to conform to that standard.
11
For the purpose of paragraph (10) a “qualified test house” means a laboratory that conforms to BS 7501 or EN 45 000.
12
In this regulation, “supply” means offer for sale, sell or otherwise make available to the general public.
Retention of classification data for substances and preparations dangerous for supply
13
A person who classifies a substance in accordance with regulation 5(4) or a preparation dangerous for supply shall keep a record of the information used for the purposes of classifying it for at least 3 years after the date on which the substance or preparation was supplied by him for the last time and shall make the record or a copy of it available to the appropriate enforcing authority referred to in regulation 16(2) at its request.
Notification of the constituents of certain preparations dangerous for supply to the poisons advisory centre
14
1
This regulation shall apply to any preparation which is classified on the basis of one or more of its health effects referred to in column 1 of Schedule 1.
2
Subject to regulation 17 (transitional provisions), the supplier of a preparation to which this regulation applies shall, if it was first supplied before these Regulations came into force (or, if it was first supplied after that date, before first supplying it), notify the poisons advisory centre of the information required to be in the safety data sheet prepared for the purposes of regulation 6 relating to the preparation.
3
The supplier shall ensure that the information supplied to the poisons advisory centre in pursuance of paragraph (2) is kept up to date.
4
The poisons advisory centre shall only disclose any information sent to it in pursuance of paragraph (2) or (3) on a request by, or by a person working under the direction of, a registered medical practitioner in connection with the medical treatment of a person who may have been affected by the preparation.
Exemption certificates
15
1
Subject to paragraph (2) and to any of the provisions imposed by the Community in respect of the free movement of dangerous substances and preparations, the Executive m ay by a certificate in writing exempt any person or class of persons, substance or preparation to which these Regulations apply, or class of such substances or preparations, from all or any of the requirements or prohibitions imposed by or under these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health or safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Enforcement, civil liability and defence
16
1
Insofar as any provision of regulations 5 to 14 is made under section 2 of the European Communities Act 1972 —
a
subject to paragraph (2), the provisions of the Health and Safety at Work etc. Act 1974 which relate to the approval of codes of practice and their use in criminal proceedings, to enforcement and to offences shall apply to that provision as if that provision had been made under section 15 of that Act; and
b
a breach of a duty imposed by that provision shall confer a right of action in civil proceedings, insofar as that breach of duty causes damage.
2
Notwithstanding regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1989 , the enforcing authority for these Regulations shall be the Executive, except that —
a
where a substance or preparation dangerous for supply is supplied in or from premises which are registered under section 75 of the Medicines Act 1968 , the enforcing authority shall be the Royal Pharmaceutical Society;
b
where a substance or preparation dangerous for supply is supplied otherwise than as in sub-paragraph (a) above —
i
in or from any shop, mobile vehicle, market stall or other retail outlet, or
ii
otherwise to members of the public, including by way of free sample, prize or mail order,
the enforcing authority shall be the local weights and measures authority; and
c
for regulations 7 and 12, the enforcing authority shall be the local weights and measures authority.
3
In every case where by virtue of paragraph (2) these Regulations are enforced by the Royal Pharmaceutical Society or the local weights and measures authority, they shall be enforced as if they were safety regulations made under section 11 of the Consumer Protection Act 1987 and the provisions of section 12 of that Act shall apply to these Regulations as if they were safety regulations and as if the maximum period of imprisonment on summary conviction specified in subsection (5) thereof were 3 months instead of 6 months.
4
In any proceedings for an offence under these Regulations, it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Transitional provisions
17
1
Until 31st July 1995 it shall be a sufficient compliance with the requirements of these Regulations (except regulation 12(3)) if a substance or preparation is classified, packaged and labelled and a safety data sheet provided for it in accordance with the Chemicals (Hazard Information and Packaging) Regulations 1993 as in force immediately before these Regulations came into force.
2
Until 31st July 1995 it shall be a sufficient compliance with regulation 12(3) (relating to child resistant fastenings) if the packaging complies with the requirements of the Child Resistant Packaging (Safety) Regulations 1986 as in force immediately before these Regulations came into force.
3
Until 1st March 1995 in any case in which —
a
the package or receptacle in which one or more substances or preparations dangerous for supply is supplied contains a total quantity of 25 litres or less;
b
the substances or preparations were packaged and labelled before 1st September 1994 and were not removed from their package or receptacle since that date; and
c
it was not reasonably practicable either —
i
to repackage and relabel the substances or preparations before they were supplied, or
ii
to supply them on a date earlier than the date on which they were in fact supplied,
it shall be a sufficient compliance with the requirements of these Regulations (not being the requirement to provide the safety data sheets described in regulation 6(1)) if the substances or preparations are classified, packaged and labelled in accordance with the Classification, Packaging and Labelling of Dangerous Substances Regulations 1984 as in force immediately before 1st September 1993 (on which date the Chemicals (Hazard Information and Packaging) Regulations 1993 came into force).
4
Regulation 14 (notification to the poisons advisory centre) shall not apply until the date on which the Secretary of State has approved the poisons advisory centre and it shall be a sufficient compliance with that regulation if the information required to be provided in relation to any preparation is received by the poisons advisory centre —
a
in the case of a preparation which is required to have the indication of danger, very toxic, toxic or corrosive, before 6 months after that date;
b
in the case of a preparation which is required to have the indication of danger, harmful or irritant, before 1 year after that date; or
c
in either case, before such later date as the Executive may approve.
Extension outside Great Britain
18
These Regulations shall apply to any activity outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 1989 as they apply to activities within Great Britain.
Revocations and modifications
19
1
The following Regulations are revoked: —
a
the Child Resistant Packaging (Safety) Regulations 1986 ;
b
the Child Resistant Packaging (Safety) (Amendment) Regulations 1990 ;
c
the Child Resistant Packaging (Safety) (Amendment) Regulations 1993 ;
d
the Chemicals (Hazard Information and Packaging) Regulations 1993 ;
2
Where a substance or preparation dangerous for supply is required to be labelled in accordance with these Regulations and is so labelled, that labelling shall be deemed to satisfy the requirements of —
a
section 5 of the Petroleum (Consolidation) Act 1928 including that section as applied to any dangerous substance by an Order in Council made under section 19 of that Act;
b
regulation 6 of the Highly Flammable Liquids and Liquefied Petroleum Gases Regulations 1972 ; and
c
regulations 3 and 4 of the Farm and Garden Chemicals Regulations 1971 .
3
The following Local Acts shall be modified in accordance with sub-paragraphs (a) and (b) below —
a
in section 4 of Part II of the London County Council (General Powers) Act 1912 , for the definition of “flash point” there shall be substituted the following definition —
“flash point” means the flash point determined in accordance with Part III of Schedule 1 to the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 ( S.I. 1994/3247 )
;
b
in section 38 of the London Building Acts (Amendment) Act 1939 for subsection (2A), there shall be substituted the following subsection —
2A
In this section, “flash point” means the flash point determined in accordance with Part III of Schedule 1 to the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 ( S.I. 1994/3247 ).
.
4
In the first Note following the table in Part II of Schedule 2 to the Control of Industrial Major Accident Hazards Regulations 1984 for the words “the Chemicals (Hazard Information and Packaging) Regulations 1993 (S.I. No 1746) ” there shall be substituted the words “the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 ( S.I. 1994/3247 )”
5
In note 2 to Schedule 1 of the Dangerous Substances in Harbour Areas Regulations 1987 for the words “the Chemicals (Hazard Information and Packaging) Regulations 1993” there shall be substituted the words “the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 ( S.I. 1994/3247 )”.
6
In paragraph 1(1)(a) of Schedule 2 to the Control of Asbestos at Work Regulations 1987 for the words “the Chemicals (Hazard Information and Packaging) Regulations 1993 ( S.I. 1993/1746 )” there shall be substituted the words “the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 ( S.I. 1994/3247 )”.
7
In regulation 2(1) of the Health and Safety (Enforcing Authority) Regulations 1989 —
a
in the definition of “preparation dangerous for supply” for the words “the Chemicals (Hazard Information and Packaging) Regulations 1993 ( S.I. 1993 No. 1746 )” there shall be substituted the words “the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 ( S.I. 1994/3247 )”; and
b
in the definition of “substance dangerous for supply” for the words “the Chemicals (Hazard Information and Packaging) Regulations 1993” there shall be substituted the words “the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994”.
8
The Notification of New Substances Regulations 1993 shall be amended as follows —
a
in regulation 2(1) in the definition of “the approved supply list” for the words “the Chemicals (Hazard Information and Packaging) Regulations 1993” there shall be substituted the words “the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 ( S.I. 1994/3247 )”; and
b
in regulations 4(d), 6(7) and 18(3)(h) in each place where the words occur, for the words “the Chemicals (Hazard Information and Packaging) Regulations 1993” there shall be substituted the words “the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994”.
9
The provisions of the Petroleum (Consolidation) Act 1928 referred to in column 1 of Part I of Schedule 8 and the provisions of the instruments referred to in column 1 of Part II of that Schedule (all of which relate to the flash points of flammable liquids) shall be modified to the extent specified in the corresponding entries in column 2 of that Schedule.
10
In the Carriage of Dangerous Goods by Road and Rail (Classification, Packaging and Labelling) Regulations 1994 —
a
in regulation 2(1), for the definition of “the supply Regulations” there shall be substituted the following definition —
“the supply Regulations ” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 ( S.I. 1994/3247 ), except that for the purposes of regulation 14 (transitional defences) it means the Chemicals (Hazard Information and Packaging) Regulations 1993 ( S.I. 1993/1746 as amended by S.I. 1993/3050 ) excluding those amendments made by paragraphs 2 to 19, 21 to 29 and 31 to 33 of Schedule 9;
;
b
in regulation 11(5) for the words “regulation 14” there shall be substituted the words “regulation 11”; and
c
in paragraphs (1), (2)(a) and (3)(a) of regulation 14, the words “as in force immediately before these Regulations came into force” shall be deleted in each place where those words occur.
11
In regulation 3(2) of the Dangerous Substances and Preparations (Safety) (Consolidation) Regulations 1994 for the words “the Chemicals (Hazard Information and Packaging) Regulations 1993” there shall be substituted the words “the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 ( S.I. 1994/3247 )”.
12
In regulation 2(1) of the Control of Substances Hazardous to Health Regulations 1994
a
in the definition of “approved supply list” for the words “regulation 4(1) of the Chemicals (Hazard Information and Packaging) Regulations 1993” there shall be substituted the words “regulation 4 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 ( S.I. 1994/3247 )”;
b
in sub-paragraph (a) of the definition of “carcinogen” for the words “the Chemicals (Hazard Information and Packaging) Regulations 1993” there shall be substituted the words “the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994”; and
c
in sub-paragraph (a) of the definition of “substance hazardous to health” for the words “the Chemicals (Hazard Information and Packaging) Regulations 1993” there shall be substituted the words “the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994”.
Signed by order of the Secretary of State.
Phillip Oppenheim
Parliamentary Under Secretary of State,
Department of Employment
20th December 1994
Ian Taylor
Parliamentary Under Secretary of State,
Department of Trade and Industry
20th December 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Berkshire Priority Care Service National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th June 1994.
2
In this Order —
“the Authority” means the Berkshire Health Authority;
“the Trust” means the West Berkshire Priority Care Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 16th February 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th 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
12th May 1994


text:
Citation and commencement
1
This Order may be cited as the North West Sutherland Protection Order 1994 and shall come into force on 15th March 1995.
2
In this Order–
“freshwater fish” has the same meaning as in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 ;
“the map” means the map marked “Area of the North West Sutherland Protection Order 1994”, signed on behalf of the Secretary of State for Scotland and deposited in the office of the Scottish Office Agriculture and Fisheries Department, Pentland House, Robb’s Loan, Edinburgh.
Prohibition of fishing
3
Fishing for, or taking, freshwater fish in the inland waters in the area prescribed in article 4 hereof without legal right or without written permission from a person having such right is hereby prohibited.
Prescribed area
4
The prescribed area, which lies in Highland Region, is the catchment areas of all rivers which enter the sea on the west coast of Scotland between–
a
in the north, a point immediately to the north of Achriesgill Water where it enters the sea, and
b
in the south, a point immediately to the south of Abhain an Loch Bhig where it enters the sea,
and is delineated by a continuous blue line on the map.
D R Dickson
Assistant Secretary, Scottish Office
Scottish Office Agriculture and Fisheries Department Pentland House,
Edinburgh
20th December 1994


text:
1
This Order may be cited as the Finance Act 1994, section 7, (Appointed Day) (No. 2) Order 1994.
2
The day appointed as the day on which section 7(1)(b) of the Finance Act 1994 comes into force is 31st August 1994.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
LONDON,
SE1 9PJ
15th August 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Barnsley District General Hospital National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 23rd March 1994.
2
In this Order —
“the Authority” means the Barnsley Health Authority;
“the Trust” means the Barnsley District General Hospital 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 4th November 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 23rd March 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
1st March 1994


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Milk and Dairies and Milk (Special Designation) (Charges) (Amendment) Regulations 1994 and shall come into force on 24th June 1994.
2
These Regulations extend to England and Wales.
Amendment of the Milk and Dairies and Milk (Special Designation) (Charges) Regulations 1990
2
The Milk and Dairies and Milk (Special Designation) (Charges) Regulations 1990 (“the Milk Charges Regulations”) shall be further amended in accordance with the following provisions of these Regulations.
Amendment of regulation 2
3
In regulation 2(1) of the Milk Charges Regulations the definition of “the Board” shall be deleted.
Amendment of regulation 3
4
Regulation 3 (liability to charges) of the Milk Charges Regulations shall be amended as follows: —
a
in paragraph (1) for the words “paragraphs (2) and (3) hereof” there shall be substituted the words “paragraph (2) below”;
b
paragraph (2) shall be deleted;
c
for paragraph (3) there shall be substituted the following paragraph —
2
Notwithstanding paragraph (1) above, no charge shall be due in respect of —
a
any dairy farm visit for the purpose of ascertaining whether there is a particular threat to public health, or for the purpose of taking measures to reduce such a threat,
b
any sampling dairy farm visit in connection with an untreated milk producer’s licence granted in accordance with the Milk (Special Designation) Regulations 1989 solely for the sale of milk under the conditions described in paragraph A4(1)(c) of Schedule 2 to those Regulations (farmhouse catering), or
c
any sampling dairy farm visit in connection with a consent granted under regulation 2B of the Milk (Special Designation) Regulations 1989 to sell milk without the use of a special designation.
.
Amendment of regulation 4
5
For regulation 4 (recovery of charges) there shall be substituted the following regulation: —
4
The registered dairy farmer shall pay to the Minister on demand the charge payable under regulation 3.
.
Replacement of Schedule
6
For the Schedule to the Milk Charges Regulations there shall be substituted the new Schedule set out in the Schedule to these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
26th May 1994.
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under-Secretary of State,
Department of Health
27th May 1994
Signed by authority of the Secretary of State for Wales:
Wyn Roberts
Minister of State, Welsh Office
31st May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Homerton Hospital National Health Service Trust (Establishment) Order 1994 and shall come into force on 22nd December 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 22nd December 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Homerton Hospital 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 Homerton Hospital 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 con-siders 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 The Homerton Hospital, Homerton Row, London E9 6SR and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
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 East London and The City 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 premises to the trust.
2
The East London and The City 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 East London and The City 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
12th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Enfield Community Care National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th August 1994.
2
In this Order–
“the Authority” means the New River Health Authority;
“the Trust” means the Enfield Community Care 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 14th March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th August 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
15th July 1994


text:
1
This Order may be cited as the Railways (Alternative Closure Procedure) Order 1994 and shall come into force on 1st April 1994.
2
The railway passenger services provided or operated under or by virtue of the enactments referred to in the Schedule to this Order (being services in relation to which section 37 (proposals to discontinue non-franchised etc passenger services) of the Railways Act 1993 does not have effect by virtue of
i
article 6 of the Railways (London Regional Transport) (Exemptions) Order 1994 , and
ii
article 7 of the Railways (Class and Miscellaneous Exemptions) Order 1994 ) are services in relation to which the provisions of Schedule 5 (alternative closure procedure) of the Railways Act 1993 are to have effect.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
8th March 1994


text:
1
These Regulations may be cited as the Removal and Disposal of Vehicles (Amendment) Regulations 1994 and shall come into force on 4th July 1994.
2
1
The Removal and Disposal of Vehicles Regulations 1986 shall be amended as follows.
2
In Schedule 1 (enactments imposing restrictions and prohibitions on the waiting of vehicles), after the paragraph referring to section 14 of the Road Traffic Regulation Act 1984, there shall be inserted the following paragraph: —
Section 16A of the Road Traffic Regulation Act 1984 (which provides for the restriction or prohibition of the use of roads in connection with the holding of certain special events).
Signed by authority of the Secretary of State
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
1st June 1994
Signed by authority of the Secretary of State
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
2nd June 1994
John Redwood
Secretary of State for Wales
4th June 1994


text:
Citation and commencement
1
These Regulations may be cited as the Education (Inter-authority Recoupment) Regulations 1994 and shall come into force on 1st April 1995.
Interpretation
2
1
In these Regulations —
“authority” means a local education authority;
“child” has the meaning assigned to it in section 156(5) of the Education Act 1993; and
“special school” has the meaning assigned to it in section 182(1) of the Education Act 1993.
2
In these Regulations a reference to a regulation is a reference to a regulation contained therein.
Cases in which recoupment is required
3
1
This regulation applies to the education of —
a
a child for whom a statement of special educational needs is maintained under Part III of the Education Act 1993;
b
a person attending a special school; and
c
a person who has not attained the age of nineteen years who —
i
is a patient in hospital, and
ii
receives education in a special school established in a hospital, or education referred to in section 298(1) of the Education Act 1993 otherwise than at school.
2
Where provision for any education to which this regulation applies is made by an authority in respect of a person who belongs to the area of another authority, that authority shall pay to the providing authority —
a
such amount as the authorities may agree; or
b
failing agreement, such amount as may be determined by the Secretary of State.
Cases in which recoupment is permitted
4
1
This regulation applies to primary, secondary and further education and part-time education for those who have not attained the age of five years, but it does not apply to education to which regulation 3 applies.
2
Where provision for any education to which this regulation applies is made by an authority in respect of a person who belongs to the area of another authority, that authority may pay to the providing authority such amount as the authorities may agree.
Claims for recoupment
5
Claims for recoupment shall —
a
be made in writing, and specify the person in respect of whom payment is claimed and the amount claimed, and
b
be submitted to the appropriate authority within 12 months from the end of the financial year in which the provision for education to which the claim relates was made.
Gillian Shephard
Secretary of State for Education
5th December 1994
John Redwood
Secretary of State for Wales
15th December 1994


text:
1
The lengths of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road. The lengths given the reference letters A and B on the deposited plan shall be classified as a classified road as from the date on which the Secretary of State notifies the County Councils of Gloucestershire and Wiltshire that the new trunk roads are open for through traffic.
2
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/21 SWM88, marked “The A419 Trunk Road (Latton Bypass and Slip Roads) (Detrunking) Order 1994”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
iii
“the new trunk roads” has the same meaning as in “The A419 Trunk Road (Latton Bypass and Slip Roads) Order 1994” ;
iv
“the trunk road” means the A419 Trunk Road.
3
This Order shall come into force on 30th November 1994 and may be cited as the A419 Trunk Road (Latton Bypass and Slip Roads) (Detrunking) Order 1994.
Signed by authority of the Secretary of State for Transport.
J D Gill
Deputy Director, South West Construction Programme Division, Highways Agency
14th November 1994


text:
1
The Fees appearing in the Schedule to this Order are established. The Tables of the Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I of the Schedule (hereinafter referred to as “Table I”) in respect of the carrying out by them of the duties of their offices specified in the Appendix hereto (hereinafter referred to as “the Appendix”) and by the legal officers named in Table II of the Schedule in respect of the carrying out by them of the duties of their offices.
2
The Fees established and set out in the second column of Table I of the Schedule are to be paid by the diocesan board of finance. The Fees established and set out in the third column of Table I and in Table II of the Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
3
The Legal Officers (Annual Fees) Order 1993 is hereby revoked.
4
The diocesan registrar shall perform the duties and provide the professional services set forth in the Appendix in consideration of the annual fee set out in Table I to this Order for his diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
5
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
6
A fee specified in the Schedule to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
7
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of the Appendix) there shall be payable in addition to that fee the amount of the Value Added Tax.
8
This Order may be cited as the Legal Officers (Annual Fees) Order 1994 and shall come into operation on the first day of January 1995.
Dated this 9th day of May 1994
R. B. Gibson
A. K. L. Black
M. J. Colman
Peter Crediton
C. A. McLintock
Approved by the General Synod
P. J. C. Mawer
the 8th day of July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Yorkshire Metropolitan Ambulance and Paramedic Service National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 24th March 1994.
2
In this Order —
“the Authority” means the Rotherham Health Authority;
“the Trust” means the South Yorkshire Metropolitan Ambulance and Paramedic Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 9th September 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 24th March 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
2nd March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dudley Group of Hospitals National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 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 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Dudley Group of 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 Dudley Group of 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 Russells Hall Hospital, Dudley, West Midlands DY1 2HQ and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Dudley 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 premises to the trust.
2
The Dudley 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 Dudley 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
28th January 1994


text:
Title, extent and commencement
1
These Regulations, which may be cited as the Pig Carcase (Grading) Regulations 1994, shall extend to Great Britain and shall come into force on 12th September 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the appropriate Minister” —
a
in relation to England, means the Minister of Agriculture, Fisheries and Food;
b
in relation to Scotland or Wales, means the Secretary of State;
“authorised officer” means a person (whether or not an officer of that Minister) authorised by the appropriate Minister for the purposes of these Regulations;
“clean pig” means a pig which has not been used for breeding;
“the Commission Decision” means Commission Decision 88/234/ EEC authorising methods for grading pig carcases in the United Kingdom , as amended by Commission Decision 88/478/EEC , Commission Decision 92/557/EEC , Commission Decision 93/445/EEC and Commission Decision 94/336/ EC ;
“the Commission Regulation” means Commission Regulation (EEC) No. 2967/85 laying down detailed rules for the application of the Community scale for grading pig carcases ;
“Community provision” means any requirement as to weighing, grading, marking or identifying of pig carcases or the making or keeping of any record in relation thereto under the Council Regulation, the Commission Regulation or the Commission Decision;
“the Council Regulation” means Council Regulation (EEC) No. 3220/84 determining the Community scale for grading pig carcases , as amended by Council Regulation (EEC) No. 3530/86 (b) and Council Regulation (EC) No. 3513/93 (c);
“exempt carcase” means the carcase of a pig —
which has been used for breeding; or
which has been obtained in a slaughterhouse in which there are slaughtered not more than 200 clean pigs per week on a yearly average basis;
“the MLC ” means the Meat and Livestock Commission established by virtue of section 1(1) of the Agriculture Act 1967 ;
“occupier” means a person carrying on the business of operating a slaughterhouse;
“pig carcase” has the meaning assigned to it by the first indent of Article 2(1) of the Council Regulation, except that, in pursuance of the derogations contained in Articles 2 and 2a of the Commission Decision, the carcase may include —
the tongue;
the flare fat, the kidneys and the diaphragm; or
the tongue, the flare fat, the kidneys and the diaphragm;
“slaughterhouse” means a slaughterhouse in which pigs are slaughtered.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Exemption
3
Regulation 6 shall not apply in relation to any exempt carcase.
Registration
4
1
Subject to paragraphs (3) and (4) below, every person who is or becomes an occupier on the day these Regulations come into force shall within 28 days of that day give written notice to the appropriate Minister of the particulars specified in Schedule 1.
2
Every person who becomes an occupier on any day after the day these Regulations come into force shall within 28 days of becoming an occupier give written notice to the appropriate Minister of the particulars specified in Schedule 1.
3
An occupier who —
a
has notified particulars in compliance with paragraph (1) of regulation 3 of the Pig Carcase (Grading) Regulations 1988 (whether or not he has notified a change in those particulars in compliance with paragraph (2) of that regulation); and
b
on the day these Regulations come into force continues to be the occupier of the slaughterhouse in relation to which he notified those particulars,
shall not be under any obligation to give particulars as required by paragraph (1) above.
4
Notwithstanding paragraph (3) above, an occupier described in that paragraph shall, on being required by written notice given to him by the appropriate Minister at any time, give to that Minister the particulars specified in Schedule 1 or such of those particulars as the appropriate Minister may specify in his notice, within such period (not being less than 28 days) as shall also be specified in that notice.
Special grading criterion
5
There shall be added to the grading scale which applies by virtue of Article 3(2) of the Council Regulation the additional grade referred to in Article 3(3) of that Regulation.
Weighing, etc. , of carcases of pigs
6
An occupier shall —
a
forthwith prepare each carcase of a pig slaughtered in his slaughterhouse so that it becomes a pig carcase;
b
except where the MLC is bound by the obligation specified in regulation 7(5)(c), weigh each such pig carcase in accordance with the provisions of Article 2(2) of the Council Regulation, make a record of the weight of each such pig carcase and thereafter calculate the weight of the cold carcase by reference to the provisions of Article 3 of the Commission Decision;
c
except where the MLC is bound by the obligation specified in regulation 7(5)(c), grade each such pig carcase in compliance with the requirements of Article 3(1) and (2) of the Council Regulation as read with regulation 5, by the application of one of the methods authorised by the Commission Decision;
d
except where MLC is bound by the obligation specified in regulation 7(5)(c), in the case of each such pig carcase to be marketed whole in another Member State, mark it in the manner prescribed by Article 4(1) of the Council Regulation and Article 4(1) or (2) of the Commission Regulation; and
e
in the case of each such pig carcase to be marketed whole or in cuts in the United Kingdom or in cuts in another Member State —
i
except where the MLC is bound by the obligation specified in regulation 7(5)(c), mark it in the manner so prescribed, or
ii
make and, except where the MLC is bound by the obligation specified in regulation 7(5)(c), keep a record relating to it in compliance with the requirements of Article 4(2) of the Council Regulation and identify it in accordance with Article 5 of the Commission Regulation.
Undertaking of grading, etc., of certain pig carcases by the MLC
7
1
An occupier may request the MLC to carry out the Community classification requirements at a slaughterhouse occupied by him.
2
An occupier shall, subject to paragraphs (3) and (4) below —
a
make such a request by written notice, to be given to the MLC not less than six months before the date on which he requires the MLC to commence the carrying out of the Community classification requirements at the slaughterhouse concerned; and
b
within 30 days from the date of such notice, agree with the MLC a classification charge.
3
The MLC may —
a
notwithstanding paragraph (2)(a) above, accept a notice of less than six months; and
b
notwithstanding paragraph (2)(b) above, agree with an occupier a classification charge at any time.
4
If the occupier and the MLC fail to agree a classification charge, the MLC may refuse to carry out the Community classification requirements and in such event shall notify the occupier in writing of such refusal.
5
Where the MLC has received a notice to carry out the Community classification requirements at a slaughterhouse and agreed with the occupier a classification charge, the MLC shall —
a
forthwith notify that occupier in writing of —
i
its agreement to carry out the Community classification requirements at that slaughterhouse,
ii
the classification charge and the period for which such charge is to apply, as agreed between the MLC and that occupier, and
iii
the date of commencement;
b
forthwith notify the appropriate Minister in writing of its agreement to carry out the Community classification requirements at that slaughterhouse and the date of commencement;
c
subject to paragraphs (6), (7) and (9) below, from the date of commencement carry out the Community classification requirements in respect of every pig carcase, other than any exempt carcase, obtained in that slaughterhouse and presented by the occupier; and
d
as soon as reasonably practicable after carrying out such Community classification requirements provide the occupier with —
i
the particulars specified in Schedule 2,
ii
the particulars relating to each pig carcase to be recorded under regulation 6(e)(ii), and
iii
any other details relating to such Community classification requirements or any pig carcase as the occupier may reasonably require so as to enable him to comply with these Regulations or any Community provision.
6
The MLC having agreed to carry out the Community classification requirements at a slaughterhouse in accordance with paragraph (5) above may suspend or revoke that agreement if the occupier of that slaughterhouse —
a
fails to pay to the MLC on demand the classification charge;
b
fails to present to the MLC for such Community classification pig carcases that fully comply with the definition of “pig carcase” in regulation 2(1);
c
fails to provide such information and assistance as the MLC may reasonably request so as to enable it to carry out the Community classification requirements;
d
carries out or allows any other person to carry out the Community classification requirements in respect of any pig carcase obtained in that slaughterhouse at any time after the date of commencement; or
e
fails at any time after the date of commencement to present to the MLC any pig carcase, other than an exempt carcase, obtained in that slaughterhouse so as to enable the MLC to carry out the Community classification requirements in respect of that pig carcase,
and the obligation specified in paragraph (5)(c) above shall not bind the MLC during the period of effect of such suspension or, as the case may be, from the date of effect of such revocation.
7
The MLC having agreed to carry out the Community classification requirements at a slaughterhouse may suspend or revoke that agreement if the period referred to in paragraph (5)(a)(ii) above has expired without the MLC and that occupier agreeing a classification charge for a further period, and the obligation specified in paragraph (5)(c) above shall not bind the MLC during the period of effect of such suspension or, as the case may be, from the date of effect of such revocation.
8
The MLC shall forthwith give written notice to the occupier and the appropriate Minister of any action it may have taken under paragraph (6) or (7) above.
9
Where the MLC has agreed with an occupier to carry out the Community classification requirements at his slaughterhouse and has agreed with that occupier a classification charge, that occupier shall not revoke that first-mentioned agreement except —
a
by giving to the MLC a further notice in writing to take effect forthwith or on such date as may be specified in that notice where, for whatever reason, the MLC has failed to carry out the Community classification requirements in respect of every pig carcase obtained in that slaughterhouse for a continuous period of 2 days (excluding days on which, under that agreement, the MLC is not obliged to carry out such requirements);
b
by agreement with the MLC; or
c
by giving to the MLC a further notice in writing of not less than six months provided that the occupier shall not give such notice during the first six months from the date of commencement,
but from the date of effect of any revocation in accordance with this paragraph the obligation specified in paragraph (5)(c) above shall not bind the MLC.
10
The occupier shall forthwith give written notice to the appropriate Minister of any action he may have taken under paragraph (9) above.
11
In this regulation —
“classification charge” means the amount which the occupier of a slaughterhouse may from time to time agree with the MLC to pay to it for the Community classification requirements to be carried out by the MLC at that slaughterhouse in accordance with this regulation;
“Community classification requirements” means the requirements imposed on occupiers of slaughterhouses by regulation 6(b) to (e), except the requirements to keep a record and to identify each carcase specified in sub-paragraph (ii) of the said regulation 6(e);
“date of commencement” means the date, agreed between the MLC and an occupier of a slaughterhouse, from which the MLC will carry out the Community classification requirements at that slaughterhouse.
12
In Part I of Schedule 1 to the Agriculture Act 1967, after paragraph 10A there shall be inserted the following paragraph —
10B
Functions under regulation 7 of the Pig Carcase (Grading) Regulations 1994 (undertaking of grading, etc., of certain pig carcases).
.
Powers of authorised officers
8
1
An authorised officer may at all reasonable hours and on producing, if so required, a duly authenticated document showing his authority, for the purpose of ascertaining whether any Community provision or these Regulations have been or are being complied with —
a
enter any slaughterhouse or any other premises which he reasonably suspects to be a slaughterhouse;
b
inspect any pig carcase or part of such a carcase or any carcase or part of a carcase which he reasonably suspects to be a pig carcase or part of such a carcase in that slaughterhouse;
c
examine any records which an operator is required to keep under regulation 6(e)(ii) and any other records in the possession or under the control of an occupier relating to the slaughter of pigs at any slaughterhouse of that occupier and where any such record is kept by means of a computer, have access to and inspect and check the operation of any computer and associated apparatus or material which is or has been in use in connection with that record;
d
require that copies of or extracts from any such record be produced and, where such record is kept by means of a computer, require it to be produced in a form in which it may be taken away;
e
retain any such record which he has reason to believe may be required as evidence in proceedings under these Regulations.
2
An authorised officer entering any slaughterhouse or other premises by virtue of this regulation may take with him such other persons and such equipment as he considers necessary.
3
Where any record referred to in paragraph (1)(c) above is in the possession or under the control of the MLC, the MLC shall on request produce such record to an authorised officer and the provisions of paragraph (1)(c), (d) and (e) above shall apply in relation to such record.
Assistance to authorised officers
9
1
An occupier shall give to an authorised officer such assistance as the authorised officer may reasonably request so as to enable the authorised officer to exercise any power conferred under regulation 8.
2
In paragraph (1) above “occupier” includes the MLC when carrying out the Community classification requirements under regulation 7.
Notices
10
Any notice to be given under these Regulations may be given —
a
by delivering it to that person;
b
by leaving it or sending it in a prepaid letter addressed to him, at his usual or last known place of business or residence;
c
in the case of a notice to be given to the MLC, by delivery or by post in a registered letter or by recorded delivery service to its Head Office; or
d
in the case of a notice to be given to a body corporate, by delivery or by post in a registered letter or by recorded delivery service to its registered office or principal place of business in Great Britain.
Offences and penalties
11
1
If any person —
a
intentionally obstructs an authorised officer in the exercise of the powers conferred by regulation 8; or
b
fails to comply with a notice given under regulation 4(4), a requirement made under regulation 8(1)(d) or a request made under regulation 9,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
If any person fails to comply with any other requirement imposed on him by these Regulations he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
If any person —
a
makes an entry which he knows to be false in any record which is required to be kept by virtue of regulation 6(e)(ii) or, with intent to deceive, makes use of any entry which he knows to be false;
b
with intent to deceive applies or as the case may be attaches to a pig carcase or part of such a carcase —
i
a mark prescribed by Article 4(1) of the Council Regulation or Article 4(1) or (2) of the Commission Regulation, or
ii
a label prescribed by Article 4(3) of the Commission Regulation; or
c
applies to a pig carcase or part of such a carcase a mark so closely resembling a mark prescribed by Article 4(1) of the Council Regulation or Article 4(1) or (2) of the Commission Regulation as to be calculated to deceive or applies to a label attached by virtue of Article 4(3) of the Commission Regulation an indication so closely resembling an indication prescribed by that Article as to be calculated to deceive,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or both, or on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or both.
4
Any proceedings for an offence under paragraph (1) or (2) above or summary proceedings in Scotland for an offence under paragraph (3) above may, subject to paragraph (5) below, be commenced within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings came to his knowledge.
5
No such proceedings shall be commenced by virtue of paragraph (4) above more than twelve months after the commission of the offence.
6
For the purposes of paragraph (4) above —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact; and
b
a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
7
In relation to proceedings in Scotland, subsection (3) of section 331 of the Criminal Procedure (Scotland) Act 1975 (date of commencement of proceedings) shall apply for the purposes of paragraphs (4) and (5) above as it applies for the purposes of that section.
8
Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
9
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (8) of this regulation shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
10
Where an offence under this regulation is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Defence of due diligence
12
In any proceedings for an offence under these Regulations it shall be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Revocation
13
The Pig Carcase (Grading) Regulations 1988 and the Pig Carcase (Grading) (Amendment) Regulations 1989 are hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 9th August 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Hector Munro
Parliamentary Under Secretary of State,
Scottish Office
5th August 1994


text:
Citation and commencement
1
These Regulations may be cited as the Environmental Protection (Prescribed Processes and Substances Etc.) (Amendment) (No. 2) Regulations 1994 and shall come into force on 1st June 1994.
Amendment of regulations
2
For Schedule 6 to the Environmental Protection (Prescribed Processes and Substances Etc.) (Amendment) Regulations 1994 there shall be substituted the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for the Environment
Robert Atkins
Minister of State,
Department of the Environment
17th May 1994