text:
Title, commencement and application
1
1
These Regulations may be cited as the Pencils and Graphic Instruments (Safety) Regulations 1998 and shall come into force on 9th November 1998.
2
These Regulations shall not apply to any pencil, pen, brush, crayon, chalk or other similar article (including any pencil-lead for a propelling pencil) previously supplied before 1st August 1974.
Revocation
2
The Pencils and Graphic Instruments (Safety) Regulations 1974 and the Pencils and Graphic Instruments (Safety) Regulations (Northern Ireland) 1975 are revoked.
Interpretation
3
1
In these Regulations–
“brush” does not include any brush which measures more than 12mm across the breadth of the end of the ferrule;
“ BS EN 71–3” means the British Standard Specification for the safety of toys – Part 3: migration of certain elements BS EN 71–3: 1995 published by the British Standards Institution on 15th June 1995 ;
“paint” includes lacquer, varnish and other similar preparations;
“soluble”, in relation to an element or compound contained in a coating or substance, means capable of being dissolved by the method described in the Schedule; and
“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed accordingly .
2
A reference in these Regulations to BS EN 71–3 is a reference to that standard as it has effect when these Regulations are made, provided that where that standard is amended or revised after these Regulations are made and the amendment or revision is approved by the Secretary of State, that reference shall be construed at any time after such approval as a reference to that standard as so amended or revised.
3
For the purpose of these Regulations, BS EN 71–3 shall be read as though–
a
it applied to the articles to which these Regulations apply; and
b
every reference to 1,1,1–trichloroethane were a reference to n -heptane.
4
The requirements of regulations 4(2) and 5(2) below shall be satisfied if the pencil, pen, brush, crayon, chalk or other article conforms to any standard or specification recognised for use in a member State of the European Economic Community or any other State within the European Economic Area, provided that conformity to such a standard or specification provides a level of safety at least equivalent to that which would be provided by compliance with those requirements, and any reference to those requirements shall be construed accordingly.
5
Unless the contrary intention appears, any reference in these Regulations to a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Requirements relating to coatings of paint on pencils, pens and brushes
4
1
Subject to paragraph (3), no person shall supply a pencil, pen or brush which fails to satisfy the requirements of paragraph (2).
2
The requirements of this paragraph are that a pencil, pen or brush shall not have any coating of paint which–
a
contains soluble arsenic, cadmium, hexavalent chromium or mercury, or any soluble compound of arsenic, cadmium, hexavalent chromium or mercury, so that the proportion (by weight) of the element calculated as such exceeds 100mg/ kg of that coating;
b
contains soluble antimony or lead, or any soluble compound of antimony or lead, so that the proportion (by weight) of the element calculated as such exceeds 250mg/kg of that coating; or
c
contains soluble barium, or any soluble compound of barium, so that the proportion (by weight) of the element calculated as such exceeds 1000mg/kg of that coating.
3
Paragraph (1) shall not prohibit the supply of any pencil, pen or brush which fails to satisfy the requirements of paragraph (2) if, although it has a coating of paint which contains an element or compound referred to in paragraph (2), the element or compound contained in the coating is not capable of being dissolved by following the sample removal/preparation procedure in BS EN 71–3 appropriate to the coating in question.
Requirements relating to substances used in pencils, crayons, chalk and other similar articles
5
1
Subject to paragraph (3), no person shall supply a pencil, crayon, chalk or other similar article (including any pencil-lead for a propelling pencil) which fails to satisfy the requirements of paragraph (2).
2
The requirements of this paragraph are that a pencil, crayon, chalk or other similar article (including any pencil-lead for a propelling pencil) shall not consist of or contain any substance–
a
in the form of a pencil-lead or stick; and
b
intended to leave a trace of the substance when the pencil, crayon, chalk or other article is used for writing, drawing or marking,
which–
i
contains soluble arsenic, cadmium, hexavalent chromium or mercury, or any soluble compound of arsenic, cadmium, hexavalent chromium or mercury, so that the proportion (by weight) of the element calculated as such exceeds 100mg/kg of that substance;
ii
contains soluble antimony or lead, or any soluble compound of antimony or lead, so that the proportion (by weight) of the element calculated as such exceeds 250mg/kg of that substance; or
iii
contains soluble barium, or any soluble compound of barium, so that the proportion (by weight) of the element calculated as such exceeds 1000mg/kg of that substance.
3
Paragraph (1) shall not prohibit the supply of any pencil, crayon, chalk or other similar article (including any pencil-lead for a propelling pencil) which fails to satisfy the requirements of paragraph (2) if, although it consists of or contains a substance referred to in paragraph (2) which contains an element or compound also referred to in that paragraph, the element or compound contained in the substance is not capable of being dissolved by following the sample removal/preparation procedure in BS EN 71–3 appropriate to the substance in question.
Kim Howells
Parliamentary Under-Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
26th September 1998


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Urban Development Corporations in England (Planning Functions) Order 1998 and shall come into force on 25th March 1998.
2
In this Order —
“the 1980 Act ” means the Local Government, Planning and Land Act 1980;
“the 1990 Act ” means the Town and Country Planning Act 1990;
“the authority” means in relation to each Corporation the authority which, but for an order made under section 149 of the 1980 Act, would be the local planning authority, within the meaning of section 336(1) of the 1990 Act;
“Corporation” means any of the following, namely —
the Birmingham Heartlands Development Corporation;
the Black Country Development Corporation;
the Merseyside Development Corporation;
the Plymouth Development Corporation;
the Teesside Development Corporation;
the Trafford Park Development Corporation; and
the Tyne and Wear Development Corporation; and
“ development area ” in relation to a Corporation means an area for which the Corporation was established, or in relation to which the Corporation was directed by order to perform the functions of an urban development corporation, and which was designated as an urban development area by an order made under section 134 of the 1980 Act .
Revocation of planning functions and special development orders
2
The Orders listed in the Schedule to this Order are hereby revoked.
Transitional provisions in connection with planning functions
3
Anything which before the date of the coming into force of this Order was in the process of being done by, to or in relation to the Corporation in connection with any of the functions transferred to it under an order made under section 149 of the 1980 Act may be continued after that date by, to or in relation to the authority.
Liability for compensation in connection with planning functions; section 106 planning obligations
4
1
Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 of the 1990 Act or section 28 or 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in consequence of action taken in relation to land within a development area by a Corporation, that Corporation shall be liable for any compensation which is payable .
2
Where, on or after the date of the coming into force of this Order, the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of a matter arising before that date, which relates to land within a development area, the Secretary of State shall be liable to pay any compensation arising from the order or notice.
3
A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act before the date of the coming into force of this Order which identifies the Corporation as the local planning authority by whom the obligation is enforceable shall after that date be enforceable by the authority.
Signed by authority of the Secretary of Statefor the Environment
R. G. Caborn
Minister of State,
Department of the Environment, Transport and the Regions
19th January 1998


text:
Title and commencement
1
This Order may be cited as the Sole, etc. (Specified Sea Areas) (Prohibition of Fishing) (Variation) Order 1998 and shall come into force on 26th February 1998.
Variation
2
1
The Sole, etc. (Specified Sea Areas) (Prohibition of Fishing) Order 1997 shall be varied in accordance with paragraph (2) of this article.
2
In article 2 paragraph (2) sub-paragraph (b), for the words “beginning with the date of coming into force of this Order and ending immediately before 1st January 1998” there shall be substituted the words “beginning immediately before 28th February 1998 and ending immediately before 1st January 1999”.
Elliot Morley
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
3rd February 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
3rd February 1998
Signed by authority of the Secretary of State for Wales
Win Griffiths
Parliamentary Under Secretary of State, Welsh Office
3rd February 1998
Dubs
Parliamentary Under Secretary of State, Northern Ireland
4th February 1998


text:
PART I
GENERAL
Title and commencement
1
These Regulations may be cited as the Medicated Feedingstuffs Regulations 1998 and shall come into force on 6th May 1998.
Interpretation
2
1
In these Regulations, except where the context requires otherwise —
“agricultural merchant” means a person who carries on a business involving in whole or in part the sale of agricultural requisites (being things used for soil cultivation or keeping of animals for production of food or game, equipment for collecting produce from animals kept for production of food, things for the maintenance of that equipment and protective clothing) and whose name is for the time being entered in the Register of Merchants in accordance with the provisions of the Medicines (Exemptions for Merchants in Veterinary Drugs) Order 1998 ;
“animal test certificate” has the same meaning as in section 32 of the Medicines Act 1968 ;
“the appropriate fee” means, in relation to any description of application for approval, renewal of approval or late renewal of approval of premises or as distributor listed in Schedule 1 by number, the fee specified opposite the application in question;
“approved distributor” means —
a distributor who has been approved as a distributor to retail supply a medicated feedingstuff pursuant to regulation 11 and whose approval as such has not been withdrawn pursuant to regulation 15 and remains valid, or
until and including 30th September 1998, a person who immediately before these Regulations came into force was listed in Category 2 of the Register of Merchants as referred to in the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1992 ;
“approved premises” means —
premises which have been approved pursuant to regulation 4 as premises on which a medicated feedingstuff may be manufactured and the approval for which has not been withdrawn pursuant to regulation 8 and remains valid, or
until and including 30th September 1998, premises that immediately before these Regulations came into force were referred to in Part A or B of the Register of Manufacturers of Animal Feedingstuffs kept pursuant to regulation 3 of the Medicines (Medicated Animal Feeding Stuffs) ( No. 2) Regulations 1992 ;
“an Article 7.2 scientific test” means a test to which the provisions of Article 7.2 of the Medicated Feedingstuffs Directive apply;
“authorised intermediate product” means an intermediate product prepared from authorised medicated pre-mixes;
“authorised medicated pre-mix” has the meaning given by Article 2(a) of the Medicated Feedingstuffs Directive;
“authorised person” means a person (whether or not an officer of the enforcement authority) who is authorised by the enforcement authority, either generally or specially, to act in matters arising under these Regulations;
“Directive 81/851/ EEC ” means Council Directive 81/851/EEC on the approximation of the laws of the Member States relating to veterinary medicinal products as amended by Council Directives 90/676/EEC and 93/40/EEC ;
“E.E.A. Agreement” means the Agreement on the European Economic Area , signed at Oporto on 2nd May 1993 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“E.E.A. State” means a State which is a contracting party to the E.E.A. Agreement other than the United Kingdom;
“the enforcement authority” means —
in relation to Great Britain, the Royal Pharmaceutical Society of Great Britain, and
in relation to Northern Ireland, the Department of Agriculture for Northern Ireland;
“financial year” means the 12 months from and including 1st April and ending with 31st March;
“the Medicated Feedingstuffs Directive” means Council Directive 90/167/EEC laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community as adapted by the E.E.A. Agreement;
“medicinal test on animals” has the meaning given by section 32(6) of the Medicines Act 1968;
“an MFS certificate” means a certificate corresponding to the specimen in Annex B to the Medicated Feedingstuffs Directive;
“an MFS prescription” means a prescription made out by a registered veterinarian in a form containing the headings shown on the specimen in Annex A to the Medicated Feedingstuffs Directive and personally signed and dated by such veterinarian;
“personal licence” means a licence granted under section 4 of the Animals (Scientific Procedures) Act 1986 ;
“placing on the market” has the meaning given by Article 2(b) of the Medicated Feedingstuffs Directive and cognate expressions shall be construed accordingly;
“premises” includes a farm;
“prohibition notice” means a notice served under regulation 17(1);
“project licence” means a licence granted under section 5 of the Animals (Scientific Procedures) Act 1986;
“proper”, in relation to an application, means required by these Regulations to be processed by the relevant authority to which the application is made;
“the Register of Merchants” means the register of merchants in veterinary drugs kept in accordance with section 57(2A)(a) of the Medicines Act 1968;
“regulated procedure” has the meaning given by section 2 of the Animals (Scientific Procedures) Act 1986; and
“the relevant authority” means —
in the case of —
premises situated in, and
persons operating as distributors, or intending to operate as distributors from,
Great Britain, the Royal Pharmaceutical Society of Great Britain, and
in the case of —
premises situated in, and
persons operating as distributors, or intending to operate as distributors from,
Northern Ireland, the Department of Agriculture for Northern Ireland.
2
The expressions listed in Part I of Schedule 2 have the same meaning as in the Medicated Feedingstuffs Directive and any other expression which is used in these Regulations and the Medicated Feedingstuffs Directive, other than an expression which is listed in Part II of Schedule 2, shall have, insofar as the context admits, the same meaning as in that Directive.
3
The expressions listed in Part II of Schedule 2 have, insofar as the context admits, the same meaning as in Directive 81/851/EEC .
4
In these Regulations —
a
any reference to a numbered regulation or to a numbered Schedule is a reference to the regulation of or the Schedule to these Regulations so numbered in these Regulations, and
b
any reference in a regulation or a Schedule to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference occurs.
PART II
APPROVAL OF PREMISES
Applications for the approval of premises
3
1
A person may apply to the relevant authority to approve premises as premises on which medicated feedingstuffs may be manufactured.
2
An application made under paragraph (1) shall be in writing, in the English language, signed by or on behalf of the applicant, and shall contain the name and address of the applicant and be accompanied by particulars that seek to demonstrate that the premises are suitable and adequate premises on which to manufacture medicated feedingstuffs.
Approval of premises
4
1
Subject to paragraph (3) and regulation 35, where an application is made under regulation 3 the relevant authority shall approve the premises in respect of which the application is made as premises on which medicated feedingstuffs may be manufactured if it is satisfied that the premises are suitable and adequate premises on which to manufacture medicated feedingstuffs.
2
In deciding whether premises are suitable and adequate premises on which to manufacture medicated feedingstuffs, the relevant authority shall take into account the matters specified in Schedule 3.
3
Where an application is made under regulation 3 in respect of a farm, the relevant authority may make the approval of the premises subject to such additional guarantees, if any, as it considers appropriate.
4
An approval granted pursuant to paragraph (1) shall remain valid until withdrawn pursuant to regulation 8, so long as proper renewal applications are made under regulation 5 or 6 and are granted or await a decision.
Renewal of approvals
5
1
To renew a valid approval granted pursuant to regulation 4(1), a person shall apply to the relevant authority in the month of April in each financial year subsequent to the financial year in which approval was first granted.
2
An application made under paragraph (1) shall be in writing, in the English language, signed by or on behalf of the applicant, and shall contain the name and address of the applicant and be accompanied by particulars that seek to demonstrate that the premises continue to be suitable and adequate premises on which to manufacture medicated feedingstuffs, and, if applicable, that each additional guarantee to which the approval is subject continues to be met.
Late renewal
6
Where a person has failed to make proper application under regulation 5, he may apply to the relevant authority in accordance with regulation 5(2) for late renewal of a valid approval, but such application must be made no later than the end of the financial year in which he was required to apply for renewal in accordance with regulation 5.
Grant of renewal
7
1
Subject to paragraph (3) and regulation 35, where an application is made under regulation 5 or 6, the relevant authority shall renew the approval granted pursuant to regulation 4, if it is satisfied that the premises continue to be suitable and adequate premises on which to manufacture medicated feedingstuffs.
2
In deciding whether premises continue to be suitable and adequate premises on which to manufacture medicated feedingstuffs, the relevant authority shall take into account the matters specified in Schedule 3.
3
Where an application is made under regulation 5 or 6 in respect of a farm, the relevant authority may make the renewal of approval of the premises subject to such additional guarantees, if any, as it considers appropriate.
Withdrawal of approvals
8
1
The relevant authority may withdraw an approval granted in respect of premises pursuant to regulation 4, whether or not it has been renewed pursuant to regulation 7 if, following the procedure in regulation 9, it is not satisfied as to the relevant condition.
2
For the purposes of this regulation and regulation 9, “the relevant condition” means the condition that the premises are suitable and adequate premises on which to manufacture medicated feedingstuffs and (if applicable) that each additional guarantee to which the approval is subject is being met.
Procedure relating to the withdrawal of approvals
9
1
Where the relevant authority proposes to withdraw an approval granted pursuant to regulation 4, whether or not it has been renewed pursuant to regulation 7, it shall not withdraw the approval unless —
a
it serves a notice complying with the requirements of paragraph (2) on the person manufacturing medicated feedingstuffs on the premises, and
b
it is not satisfied, after the time for compliance with the notice has expired, that he has complied with the requirements specified in the notice.
2
A notice served by the relevant authority under paragraph (1) shall —
a
state that it proposes to withdraw the approval of the premises because it is not satisfied as to the relevant condition;
b
specify why the relevant authority is not satisfied as to the relevant condition;
c
specify the requirements to be complied with by him to satisfy it as to that condition; and
d
specify that, unless it is satisfied that he has complied with the requirements specified in the notice within such reasonable time as is specified in the notice, the approval of the premises as premises on which medicated feedingstuffs may be manufactured will be withdrawn.
PART III
APPROVAL OF DISTRIBUTORS
Applications for the approval of distributors
10
1
A person may apply to the relevant authority to be approved as a distributor to retail supply medicated feedingstuffs.
2
An application made under paragraph (1) shall be in writing, in the English language, signed by or on behalf of the applicant and shall contain the name and address of the applicant and shall be accompanied by particulars that seek to demonstrate that the applicant is a fit and proper person to retail supply medicated feedingstuffs.
Approval of distributors
11
1
Subject to regulation 35, where an application is made under regulation 10 the relevant authority shall approve the applicant as a distributor to retail supply medicated feedingstuffs if it is satisfied that the applicant is a fit and proper person to retail supply such feedingstuffs.
2
In deciding whether an applicant is a fit and proper person to retail supply medicated feedingstuffs, the relevant authority shall take into account the matters specified in Schedule 4.
3
An approval granted pursuant to paragraph (1) shall remain valid until withdrawn pursuant to regulation 15, so long as proper renewal applications are made under regulation 12 or 13 and are granted or await a decision.
Renewal of approvals
12
1
To renew a valid approval granted pursuant to regulation 11, a person shall apply to the relevant authority in the month of January in each year subsequent to the year in which approval was first granted.
2
An application made under paragraph (1) shall be in writing, in the English language, signed by or on behalf of the applicant, and shall contain the name and address of the applicant and be accompanied by particulars that seek to demonstrate that the applicant continues to be a fit and proper person to retail supply medicated feedingstuffs.
Late renewal
13
Where a person has failed to make proper application under regulation 12 he may apply to the relevant authority in accordance with regulation 12(2) for late renewal of a valid approval, but such application must be made no later than the end of the calendar year in which he was required to apply for renewal in accordance with regulation 12.
Grant of renewal
14
1
Subject to regulation 35, where an application is made under regulation 12 or 13, the relevant authority shall renew the approval granted pursuant to regulation 11 if it is satisfied that the applicant continues to be a fit and proper person to retail supply medicated feedingstuffs.
2
In deciding whether an applicant continues to be a fit and proper person to retail supply medicated feedingstuffs, the relevant authority shall take into account the matters specified in Schedule 4.
Withdrawal of approvals
15
1
The relevant authority may withdraw the relevant approval from an approved distributor if:
a
it decides that he is not a fit and proper person to retail supply medicated feedingstuffs, or
b
following the procedure in regulation 16, it is not satisfied as to the relevant condition.
2
In paragraph (1) above “relevant approval”, in relation to any person, means —
a
an approval granted to him pursuant to regulation 11, whether or not renewed pursuant to regulation 14, or
b
a right to be an approved distributor derived from sub-paragraph (b) of the definition of “approved distributor” in regulation 2(1).
3
For the purposes of this regulation and regulation 16 “the relevant condition” means the condition that the approved distributor is a fit and proper person to retail supply medicated feedingstuffs.
Procedure relating to the withdrawal of approvals
16
1
Where the relevant authority proposes to withdraw an approval from an approved distributor pursuant to regulation 15(1)(b), it shall not withdraw the approval unless —
a
it serves a notice in accordance with the requirements of paragraph (2) on him, and
b
it is not satisfied, after the time for compliance with the notice has expired, that he has complied with the requirements specified in the notice.
2
A notice served by the relevant authority under paragraph (1) shall —
a
state that it proposes to withdraw the approval because it is not satisfied as to the relevant condition;
b
specify why the relevant authority is not satisfied as to the relevant condition;
c
specify the requirements to be complied with by him to satisfy it as to that condition; and
d
specify that, unless it is satisfied that he has complied with the requirements specified in the notice within such reasonable time as is specified in the notice, his approval as a distributor to retail supply medicated feedingstuffs will be withdrawn.
PART IV
CONTROL OF AGRICULTURAL MERCHANTS
Prohibition notice on agricultural merchant
17
1
Where the relevant authority concludes following the steps set out in this regulation that it is not satisfied that an agricultural merchant is a fit and proper person to carry on a relevant transaction in relation to any medicated product, the relevant authority may serve on the agricultural merchant a notice (“a prohibition notice”) preventing him from carrying on the relevant transaction in relation to the medicated product.
2
Where the relevant authority proposes to serve a prohibition notice, it shall not serve the prohibition notice unless —
a
it serves prior notice in accordance with the requirements of paragraph (3) on the agricultural merchant, and
b
it is not satisfied, after the time for compliance with the prior notice has expired, as to the relevant condition.
3
Where the relevant authority serves a notice under paragraph (2)(a), it shall —
a
specify why the relevant authority is not satisfied as to the relevant condition; and
b
specify —
i
how (by the production of evidence or the compliance with requirements or both) the agricultural merchant may satisfy it as to the relevant condition,
ii
the time by which he must do so, and
iii
that, unless the agricultural merchant does so within such time as is specified in the notice, he will be served with a prohibition notice in respect of the medicated product.
4
In this regulation —
“medicated product” means (either individually or in any combination) an authorised medicated pre-mix, an authorised intermediate product and a medicated feedingstuff;
“relevant condition” means the condition that the agricultural merchant is a fit and proper person to carry on a relevant transaction in relation to the medicated product; and
“relevant transaction” means —
in the case of an authorised medicated pre-mix or an authorised intermediate product, retail supply, and
in the case of a medicated feedingstuff, supply in accordance with regulation 28.
PART V
CONTROL OF AUTHORISED MEDICATED PRE-MIXES
Retail supply of authorised medicated pre-mixes
18
1
No person shall retail supply an authorised medicated pre-mix unless he is the person responsible for placing the pre-mix on the market, an agricultural merchant who is not subject to a prohibition notice in relation to the pre-mix or a manufacturer of medicated feedingstuffs.
2
Subject to paragraph (3), no person shall retail supply an authorised medicated pre-mix unless he supplies it (either directly or via a preparer of an authorised intermediate product) to a manufacturer of medicated feedingstuffs —
a
who is neither a stockfarmer nor a holder of animals, or
b
who is a stockfarmer or holder of animals, and
i
possesses an MFS prescription in which he is named as the manufacturer of the medicated feedingstuff prescribed and which provides for the medicated feedingstuff to be manufactured using the authorised medicated pre-mix, or
ii
has received an order from an approved distributor to manufacture a medicated feedingstuff in accordance with an MFS prescription in which the distributor is named as the supplier of the prescribed medicated feedingstuff and which provides for the medicated feedingstuff to be manufactured using the authorised medicated pre-mix.
3
Nothing in paragraph (2) shall prohibit the retail supply (whether direct or via a preparer of an authorised intermediate product) of authorised medicated pre-mixes which are anthelmintic medicinal products (vermifuges) to a manufacturer of medicated feedingstuffs who, while being a stockfarmer or holder of animals, does not come within paragraph (2)(b)(i) or (ii) if —
a
the pre-mixes come within the first indent of Article 8.2 of the Medicated Feedingstuffs Directive, and
b
any medicated feedingstuffs obtained from such pre-mixes are used in accordance with the second indent thereof.
Duties on persons engaged in the retail supply of authorised medicated pre-mixes
19
A person engaged in the retail supply of an authorised medicated pre-mix shall, in respect of the pre-mix, keep detailed records of the type specified in the first paragraph of Article 50b.2 of Directive 81/851/EEC and comply with the provisions in the second and third paragraphs of Article 50b.2.
PART VI
CONTROL OF INTERMEDIATE PRODUCTS
Manufacture of intermediate products
20
1
No person shall manufacture an intermediate product other than an authorised intermediate product.
2
No person shall manufacture an authorised intermediate product except on approved premises.
3
A person who manufactures an authorised intermediate product shall make a declaration of the type required by the second paragraph of Article 3.1 of the Medicated Feedingstuffs Directive to the enforcement authority within a reasonable time notifed to him by the enforcement authority.
Retail supply of authorised intermediate products
21
1
No person shall retail supply an authorised intermediate product unless he is the person responsible for placing the product on the market or an agricultural merchant who is not subject to a prohibition notice in relation to the product or a manufacturer of medicated feedingstuffs.
2
Subject to paragraph (3), no person shall retail supply an authorised intermediate product unless the person to whom it is supplied is a manufacturer of medicated feedingstuffs —
a
who is neither a stockfarmer nor a holder of animals, or
b
who is a stockfarmer or holder of animals, and
i
possesses an MFS prescription in which he is named as the manufacturer of the medicated feedingstuff prescribed and which provides for the medicated feedingstuff to be manufactured using the authorised intermediate product, or
ii
has received an order from an approved distributor to manufacture a medicated feedingstuff in accordance with an MFS prescription in which the distributor is named as the supplier of the prescribed medicated feedingstuff and which provides for the medicated feedingstuff to be manufactured using the authorised intermediate product.
3
Nothing in paragraph (2) shall prohibit the retail supply of authorised intermediate products prepared from authorised medicated pre-mixes which are anthelmintic medicinal products (vermifuges) to a manufacturer of medicated feedingstuffs who, while being a stockfarmer or holder of animals, does not come within paragraph (2)(b)(i) or (ii) if —
a
the pre-mixes come within the first indent of Article 8.2 of the Medicated Feedingstuffs Directive, and
b
any medicated feedingstuffs obtained from such intermediate products are used in accordance with the second indent thereof.
Duties on persons engaged in the retail supply of authorised intermediate products
22
A person engaged in the retail supply of an authorised intermediate product shall, in respect of the product, keep detailed records of the type specified in the first paragraph of Article 50b.2 of Directive 81/851/EEC and comply with the provisions in the second and third paragraphs of that Article.
Labelling and packaging of intermediate products
23
No person shall place an intermediate product on the market unless it is labelled and packaged in accordance with the provisions of Articles 43 to 48 of Directive 81/851/EEC .
PART VII
CONTROL OF MEDICATED FEEDINGSTUFFS
Manufacture of medicated feedingstuffs
24
1
No person shall manufacture a medicated feedingstuff unless —
a
subject to paragraphs (2) and (3), the medicinal component in the feedingstuff is a single authorised medicated pre-mix;
b
the premises on which the feedingstuff is manufactured are approved premises which —
i
are equipped with the necessary technical equipment;
ii
have suitable and adequate storage and inspection facilities; and
iii
are manned by staff of the type specified in Article 4.1(b) of the Medicated Feedingstuffs Directive;
and the premises, equipment and staff comply with the provisions of Article 4.1(d) of the Medicated Feedingstuffs Directive;
c
the feedingstuff used in the medicated feedingstuff complies with the first and second indented paragraphs, and sub-paragraph (iii) of the third indented paragraph, of Article 4.1(c) of the Medicated Feedingstuffs Directive;
d
any authorised medicated pre-mix used in the medicated feedingstuff is used in accordance with the third indented paragraph of Article 4.1(c) of the Medicated Feedingstuffs Directive, and the use is in accordance with sub-paragraphs (i), (ii) and (iii) of that indented paragraph;
e
the medicinal product contained in the medicated feedingstuff complies with the fourth indented paragraph of Article 4.1(c) of the Medicated Feedingstuffs Directive;
f
regular checks are carried out on the feedingstuff in accordance with the provisions of Article 4.1(e) of the Medicated Feedingstuffs Directive;
g
daily records are kept in accordance with the provisions of Article 4.1(f) of the Medicated Feedingstuffs Directive; and
h
pre-mixes and medicated feedingstuffs are stored on the approved premises in accordance with the provisions of Article 4.1(g) of the Medicated Feedingstuffs Directive.
2
Nothing in paragraph (1)(a) shall prohibit a person from manufacturing a medicated feedingstuff containing an authorised intermediate product if a medicated feedingstuff containing the product has been prescribed by an MFS prescription issued in accordance with the provisions of regulation 29.
3
Nothing in paragraph (1)(a) shall prohibit a person from manufacturing a medicated feedingstuff containing several authorised medicated pre-mixes if a medicated feedingstuff containing the pre-mixes has been prescribed by an MFS prescription issued in accordance with the provisions of regulation 29.
Packaging of medicated feedingstuffs
25
1
No person shall place a medicated feedingstuff on the market unless it is packaged in accordance with the provisions of Article 5.1 of the Medicated Feedingstuffs Directive.
2
No person shall place a medicated feedingstuff on the market using a road tanker or similar container except in accordance with the provisions of Article 5.2 of the Medicated Feedingstuffs Directive.
Labelling of medicated feedingstuffs
26
1
Subject to paragraph (2), no person shall put a medicated feedingstuff into circulation unless —
a
it is labelled in accordance with the provisions of the first paragraph of Article 6.1 of the Medicated Feedingstuffs Directive, and
b
the package or container containing it is marked in accordance with the provisions of the second paragraph of Article 6.1 of the Medicated Feedingstuffs Directive.
2
Where a medicated feedingstuff is placed on the market using a road tanker or similar container, the provisions of Article 6.2 of the Medicated Feedingstuffs Directive shall apply to the labelling of the feedingstuff.
Restrictions on the holding, placing on the market and use of medicated feedingstuffs
27
1
Subject to paragraphs (2) and (3), no person shall hold, place on the market or use a medicated feedingstuff unless it has been manufactured in accordance with the provisions of regulation 24.
2
Nothing in paragraph (1) shall prohibit a person from holding or placing on the market a medicated feedingstuff in connection with an Article 7.2 scientific test if the intended subsequent use of it in connection with the test will constitute —
a
a medicinal test on animals for which the person identified as the person who will be conducting the test has been issued with an animal test certificate, or
b
a regulated procedure for which the person identified as the person who will be carrying out the procedure holds a personal licence and which is specified in a project licence that authorises the procedure.
3
Nothing in paragraph (1) shall prohibit a person from using a medicated feedingstuff in connection with an Article 7.2 scientific test if the test constitutes —
a
a medicinal test on animals for which he has been issued with an animal test certificate, or
b
a regulated procedure for which he holds a personal licence and which is specified in a project licence that authorises the procedure.
Supply of medicated feedingstuffs
28
1
No person shall supply a person with a medicated feedingstuff unless the supplier is the manufacturer of it, an approved distributor, or an agricultural merchant who is not subject to a prohibition notice in relation to the feedingstuff.
2
Subject to paragraph (4), no person shall supply a medicated feedingstuff to a stockfarmer or holder of animals —
a
except on the presentation of an MFS prescription prescribing the medicated feedingstuff, and
b
except to the stockholder or holder of animals named in the prescription.
3
A person engaged in the retail supply of a medicated feedingstuff shall, in respect of the product, keep detailed records of the type specified in the first paragraph of Article 50b.2 of Directive 81/851/EEC and comply with the provisions in the second and third paragraphs of that Article.
4
Nothing in paragraph (2) shall prohibit the supply, to a stockfarmer or holder of animals, of medicated feedingstuffs obtained from (or from authorised intermediate products prepared from) authorised medicated pre-mixes which are anthelmintic medicinal products (vermifuges) if —
a
the authorised medicated pre-mixes come within the first indent of Article 8.2 of the Medicated Feedingstuffs Directive, and
b
the medicated feedingstuffs are used in accordance with the second indent thereof.
MFS prescriptions
29
1
No registered veterinarian shall issue an MFS prescription relating to the manufacture of a medicated feedingstuff —
a
except in respect of animals treated by him;
b
unless he is satisfied as to the matters specified in Article 8.1(d) and (e)(ii) of the Medicated Feedingstuffs Directive;
c
unless the quantity of medicated feedingstuff prescribed is in accordance with the provisions of Article 8.1(e)(i) of the Medicated Feedingstuffs Directive; and
d
except for one treatment.
2
No registered veterinarian shall issue an MFS prescription relating to the manufacture of a medicated feedingstuff from an authorised intermediate product or several authorised medicated pre-mixes unless —
a
there is no authorised medicinal product for the condition to be treated;
b
the medicated feedingstuff is to be administered by the veterinarian, or under his direct personal responsibility, to an animal or a small number of animals on a particular holding;
c
he considers the administration of the feedingstuff to be necessary to avoid causing unacceptable suffering to the animal or animals concerned;
d
in the case of a medicated feedingstuff to be manufactured from several authorised medicated pre-mixes, there is no specific authorised therapeutic agent in pre-mix form for the disease to be treated or for the species concerned; and
e
where the medicated feedingstuff is to be administered to an animal or animals whose flesh or products are intended for human consumption —
i
the medicated feedingstuff will not contain any substance other than a substance found in a veterinary medicinal product authorised for such animals, and
ii
an appropriate withdrawal period is specified in the prescription in accordance with the provisions of the second paragraph of Article 4.4 of Directive 81/851/EEC to ensure that food produced from the treated animal or animals does not contain residues harmful to consumers.
3
A registered veterinarian who issues an MFS prescription relating to the manufacture of a medicated feedingstuff of the type specified in paragraph (2) shall —
a
make a record of the matters specified in the third paragraph of Article 4.4 of Directive 81/851/EEC , and
b
shall keep that record, and make it available for inspection by the enforcement authority, in accordance with the provisions of that paragraph.
4
When issuing an MFS prescription, a registered veterinarian shall —
a
issue the prescription in triplicate;
b
present the original of the prescription to a manufacturer of medicated feedingstuffs, an approved distributor, or an agricultural merchant who is not subject to a prohibition notice served on him in relation to the feedingstuff;
c
present a copy of the prescription to the stockholder or holder of the animal which is to be treated under the prescription; and
d
keep a copy of the prescription.
5
The manufacturer of a medicated feedingstuff, approved distributor or agricultural merchant who has been presented with an MFS prescription pursuant to paragraph (4) shall keep the prescription for a period of three years beginning with the date specified in the prescription as the “to be used before” date.
6
A stockholder or holder of an animal who has been presented with a copy of an MFS prescription pursuant to paragraph (4) shall keep the copy for a period of three years beginning with the date specified in the prescription as the “to be used before” date.
7
A registered veterinarian who keeps a copy of an MFS prescription pursuant to paragraph (4) shall keep the copy for a period of three years beginning with the date specified in that prescription as the “to be used before” date.
8
An MFS prescription shall be valid for a period of three months beginning with the day on which it is issued.
Restrictions on the quantity of medicated feedingstuffs that may be supplied
30
No person shall supply any person with a medicated feedingstuff for the treatment of an animal whose meat, flesh, offal or products are intended for human consumption except in a quantity which is in accordance with the provisions of the first and second indented sub-paragraphs of the second paragraph of Article 9.1 of the Medicated Feedingstuffs Directive.
Restrictions on the slaughter of treated animals and the disposal of products obtained from such animals
31
Where a medicated feedingstuff has been administered to an animal whose meat, flesh, offal or products are intended for human consumption, the stockholder or holder of the animal shall ensure that —
a
the animal is not slaughtered in order to be offered for consumption, and
b
no product obtained from the animal is disposed of with a view to being offered for human consumption,
before the end of the withdrawal period specified in the MFS prescription relating to the administration of the medicated feedingstuff.
Import of medicated feedingstuffs from E.E.A. States
32
No person shall import a medicated feedingstuff from an E.E.A. State other than a medicated feedingstuff of the type specified in the first indented paragraph of Article 10.1 of the Medicated Feedingstuffs Directive.
Import of medicated feedingstuffs from third countries
33
No person shall import a medicated feedingstuff from a third country other than a medicated feedingstuff manufactured in accordance with provisions equivalent to those in regulation 24.
Export of medicated feedingstuffs to E.E.A. States
34
Where a medicated feedingstuff is to be exported to an E.E.A. State, and that State so requires, the relevant authority shall issue the State with an MFS certificate in respect of each consignment of it which is to be exported to that State.
PART VIII
MISCELLANEOUS AND SUPPLEMENTAL PROVISIONS
Recovery of fees
35
1
Subject to paragraphs (5) to (10), the appropriate fee shall be payable by a person who makes an application of a description listed in Schedule 1.
2
Any fee payable under paragraph (1) shall be paid at the time the application is submitted to the relevant authority.
3
Any unpaid sum due by way of a fee payable under paragraph (1), or any part of such fee, shall be recoverable as a debt.
4
Where any fee is payable under paragraph (1) in relation to any application the relevant authority need not process any application under these Regulations, unless the application is accompanied by the appropriate fee.
5
Where an applicant under regulation 3, in relation to the same premises, applies on the same date (evidenced by the date on the application forms) to the enforcement authority under regulation 10 of the Feedingstuffs (Zootechnical Products) Regulations 1998 for an establishment to be approved as an establishment on which an establishment activity may be exercised, he shall be liable to pay only one fee under both these Regulations and the Feedingstuffs (Zootechnical Products) Regulations 1998 and, where the appropriate fee differs in amount from the fee payable under the Feedingstuffs (Zootechnical Products) Regulations 1998, the fee payable shall be the higher amount.
6
An applicant under regulation 3 shall not be liable to pay the appropriate fee in relation to the manufacture of medicated feedingstuffs on premises, where he has applied to the enforcement authority under regulation 10 of the Feedingstuffs (Zootechnical Products) Regulations 1998 for approval of an establishment on the same premises as an establishment on which an establishment activity may be exercised, if he applies under regulation 3 within twelve months of his application under regulation 10 of the Feedingstuffs (Zootechnical Products) Regulations 1998 and at the date of his application under regulation 3:
a
an on the spot verification by the enforcement authority is pending in relation to his application under regulation 10 of the Feedingstuffs (Zootechnical Products) Regulations 1998, or
b
the enforcement authority has conducted an on the spot verification in relation to his application under regulation 10 and has granted approval pursuant to regulation 11 of the Feedingstuffs (Zootechnical Products) Regulations 1998 which has not been withdrawn.
7
Where an applicant under regulation 3 of these Regulations, in relation to the same premises, applies on the same date (evidenced by the date on the application forms) to the relevant authority under regulation 12 of the Feedingstuffs (Zootechnical Products) Regulations 1998 for an establishment to be approved as an establishment on which a new establishment activity may be exercised, he shall be liable to pay only one fee under both these Regulations and the Feedingstuffs (Zootechnical Products) Regulations 1998 and, where the appropriate fee differs in amount from the fee payable under the Feedingstuffs (Zootechnical Products) Regulations 1998, the fee payable shall be the higher amount.
8
An applicant under regulation 3 shall not be liable to pay the appropriate fee in relation to the manufacture of medicated feedingstuffs on premises, where he has applied to the enforcement authority under regulation 12 of the Feedingstuffs (Zootechnical Products) Regulations 1998 for an establishment on the same premises to be approved as an establishment on which a new establishment activity may be exercised, if he applies under regulation 3 within twelve months of his application under regulation 12 of the Feedingstuffs (Zootechnical Products) Regulations 1998 and at the date of his application under regulation 3:
a
an on the spot verification by the enforcement authority is pending in relation to his application under regulation 12 of the Feedingstuffs (Zootechnical Products) Regulations 1998, or
b
the enforcement authority has conducted an on the spot verification in relation to his application under regulation 12 and has granted approval pursuant to regulation 12(2) of the Feedingstuffs (Zootechnical Products) Regulations 1998 which has not been withdrawn.
9
A person who has paid a sum by way of a fee under regulation 3 of the Medicines (Medicated Animal Feedingstuffs) (No. 2) Regulations 1992 for entry or retention of premises in, or restoration of premises to, Part A or B of the Register of Manufacturers of Animal Feedingstuffs in respect of the financial year commencing 1st April 1998 shall by virtue of this provision be treated for the purposes of this regulation as having paid that sum towards payment of the appropriate fee (in respect of the financial year ending on 31st March 1999) referred to under the column headed “Applications for approvals of premises” in item 1 or 2 of Schedule 1, and shall be entitled to a refund of any surplus over that appropriate fee.
10
A person who has paid a sum by way of a fee under regulation 8 of the Medicines (Pharmacy and Merchants' List Order) 1992 for entry or retention of his name in, or restoration of his name to, the Register of Merchants in respect of the year commencing 1st January 1998 shall by virtue of this provision be treated for the purposes of this regulation as having paid that sum towards payment of the appropriate fee (in respect of the year ending on 31st December 1998) referred to under the column headed “Applications for approvals to retail supply as distributor” in item 1 of Schedule 1, and shall be entitled to a refund of any surplus over that appropriate fee.
11
A fee payable under combined regulations as described in paragraphs (5) and (7) shall be treated for the purposes of paragraphs (2) to (4) as included among fees payable under paragraph (1).
Sampling checks and enforcement
36
It shall be the duty of the enforcement authority to make sampling checks in accordance with the provisions of Article 13 of the Medicated Feedingstuffs Directive and to enforce these Regulations.
Powers of authorised persons
37
1
An authorised person may at all reasonable times and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of —
a
carrying out sampling checks, and
b
ascertaining whether an offence under regulation 38 has been or is being committed.
2
An authorised person shall have the right to enter any premises (not being premises used only as a dwelling) on which he has reasonable cause to believe that —
a
a medicated pre-mix or intermediate product is being or has been retail supplied or is being kept there for the purpose of being retail supplied;
b
an intermediate product or medicated feedingstuff is being or has been manufactured;
c
a medicated feedingstuff is being or has been placed on the market, put into circulation, supplied or used or is being kept there for the purpose of being placed on the market, put into circulation, supplied or used; or
d
a medicated feedingstuff is being or has been held.
3
An authorised person entering any premises by virtue of this regulation may take with him such other persons and such equipment as may appear to him to be necessary.
4
An authorised person shall have the right to inspect —
a
any substance appearing to him to be a medicated pre-mix, an intermediate product or a medicated feedingstuff;
b
any article appearing to him to be a container or package used or intended to be used to contain a medicated feedingstuff, or to be a label used or intended to be used in connection with the labelling of any such feedingstuff; and
c
any plant or equipment appearing to him to be used or intended to be used in connection with the manufacture of an intermediate product or medicated feedingstuff and any process of manufacture of such a product or feedingstuff, and the means employed, at any stage in the process of manufacture, for testing the product or feedingstuff after it has been subject to those processes.
5
An authorised person shall have the right to take a sample of —
a
any substance appearing to him to be a medicated pre-mix and to be in the course of being, or having been, retail supplied;
b
any substance appearing to him to be an intermediate product and to be in the course of being, or having been, manufactured or retail supplied;
c
any substance appearing to him to be a medicated feedingstuff and to be in the course of being, or having been, manufactured, placed on the market, put into circulation, supplied or used or to be otherwise being held; and
d
a substance appearing to him to be used or intended to be used in the manufacture of an intermediate product or medicated feedingstuff.
6
An authorised person shall have the right —
a
to require any person carrying on a business which consists of or includes the activities of —
i
retail supply of a medicated pre-mix or intermediate product;
ii
manufacture of an intermediate product or medicated feedingstuff;
iii
placing on the market, putting into circulation, supply or use of a medicated feedingstuff,
and any person employed in connection with such a business, to produce any records relating to those activities which are in his possession or under his control, including records kept pursuant to regulations 19, 22 and 24(1)(g) and an MFS prescription, or a copy of such a prescription, and
b
to take copies of, or of any entry in, any record, produced in pursuance of the preceding paragraph.
7
An authorised person exercising the power conferred by paragraph (6) in respect of a record held by means of a computer —
a
shall be entitled at any reasonable time to 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 the record in question;
b
may require —
i
the person by whom or on whose behalf the computer is or has been so used, or
ii
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
to afford the authorised person such reasonable assistance as he may require for the purpose; and
c
may require the record, or an extract from the record, to be produced in a form in which it may be taken away.
8
An authorised person shall have the right to seize and detain any medicated pre-mix, intermediate product or medicated feedingstuff which he has reason to believe to be a medicated pre-mix, an intermediate product or a medicated feedingstuff in relation to which, or by means of which, an offence under these Regulations is being or has been committed, and any record, including a record kept pursuant to regulations 19, 22 and 24(1)(g) and an MFS prescription, or a copy of such prescription, which he has reasonable cause to believe to be a record which may be required as evidence in proceedings under these Regulations.
Offences
38
It shall be an offence for a person —
a
without reasonable excuse, to contravene any provision of regulation 18, 20(1) or (2), 21, 23, 24(1), 25, 26, 27(1), 28(1) or (2), 29(1) or (2), 30, 32 or 33;
b
without reasonable excuse, to fail to comply with any provision of regulation 19, 20(3), 22, 28(3), 29(3) to (7) or 31;
c
intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 37; or
d
without reasonable excuse, to fail to comply with any requirement made of him, pursuant to regulation 37 by an authorised person.
Punishment of offences
39
1
Any person who commits any of the offences set out in regulation 38(a) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; and
b
on conviction on indictment, to a fine.
2
Any person who commits any of the offences set out in regulation 38(b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
3
Any person who commits any of the offences set out in regulation 38(c) or 38(d) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Offences by bodies corporate and Scottish partnerships
40
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate, shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where a Scottish partnership is guilty of an offence under these Regulations in respect of an act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner in the partnership, he, as well as the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Defence
41
Any person who manufactures, places on the market, puts into circulation, supplies or uses a medicated feedingstuff in accordance with a forged MFS prescription shall not be guilty of an offence under these Regulations if, having exercised all due diligence, he believes on reasonable grounds that the MFS prescription is genuine.
Service of notices
42
Any notice required to be served on a person under any provision of these Regulations may be served —
a
by delivering it to him;
b
by leaving it at the usual or last known place of abode or business of that person or, in a case where an address for service has been given by that person, at that address;
c
by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last-known place of abode or business or, in a case where an address for service has been given by that person, at that address; or
d
in the case of a body corporate, by delivering it to the secretary or clerk of the body corporate at its registered or principal office or by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of that body corporate at that office.
Exclusion of the application of the Medicines Act 1968
43
1
Except as specified in paragraph (2), the Medicines Act 1968 , and instruments made wholly or partly under that Act, shall not apply —
a
to the retail supply of medicated pre-mixes, or intermediate products or
b
to the activities in relation to medicated feedingstuffs regulated by Part VII of these Regulations.
2
The provisions of sections 32 to 36 (other than section 35(8)(a)), 38 and 39 of the Medicines Act 1968, and instruments made under any of those provisions shall apply to —
a
the retail supply of intermediate products, and
b
the activities so regulated in relation to medicated feedingstuffs
being used in connection with an Article 7.2 scientific test as if paragraph (1) had not come into force.
Sewel
Parliamentary Under Secretary of State, Scottish Office
1st April 1998
Jeff Rooker
Minister of State, Ministry of Agriculture, Fisheries and Food
9th April 1998


text:
Citation and commencement
1
These Regulations may be cited as the Vehicle Excise Duty (Reduced Pollution) Regulations 1998 and shall come into force on 1st January 1999.
Interpretation
2
1
In these Regulations–
“the 1994 Act ” means the Vehicle Excise and Registration Act 1994;
“authorised examiner” means–
a vehicle examiner appointed by the Secretary of State pursuant to section 66A of the Road Traffic Act 1988 ;
a vehicle examiner appointed by the Department of the Environment for Northern Ireland pursuant to Article 74 of the Road Traffic (Northern Ireland) Order 1995 ; or
a person authorised by the Secretary of State to conduct examinations for the purposes of these Regulations; “prescribed adaptation” shall be construed in accordance with regulation 5;
“prescribed fee” means the fee prescribed by regulation 14;
“rectification notice” has the meaning given by regulation 11(1);
“reduced pollution requirements” mean the requirements prescribed by regulation 5(3);
“registered keeper” in relation to a vehicle means the person in whose name the vehicle is registered under the 1994 Act;
“vehicle” means a vehicle which is an eligible vehicle within the meaning given by section 61B(4) of the 1994 Act; and
“vehicle identification number” has the same meaning as in regulation 67 of the Road Vehicles (Construction and Use) Regulations 1986 .
2
In these Regulations references to a numbered regulation or schedule are to the regulation of, or schedule to, these Regulations so numbered and references to a numbered paragraph are to the paragraph so numbered in the regulation or schedule in which the reference occurs.
Applications for reduced pollution certificates
3
1
An application for a reduced pollution certificate in respect of a vehicle shall be made to the Secretary of State.
2
The Secretary of State shall fix the time when and the place where an examination for the purpose of determining whether a reduced pollution certificate should be issued is to be carried out and shall inform the applicant accordingly.
3
The Secretary of State may by notice in writing to the applicant alter the time or place fixed for the examination, but shall not alter the time to an earlier time without the consent of the applicant.
Examinations
4
1
An examination for the purpose of determining whether a reduced pollution certificate should be issued shall be carried out by an authorised examiner.
2
An authorised examiner may refuse to examine a vehicle if–
a
the vehicle is not presented at the time and place appointed for the examination;
b
the prescribed fee has not been paid;
c
the information specified in Schedule 1 has not been provided;
d
the person by whom the vehicle is presented is not willing, to the extent necessary for the purpose of properly carrying out the examination,–
i
to give the examiner access to the engine and the fuel and exhaust systems,
ii
to operate the controls of the vehicle, or
iii
generally to co-operate with the examiner;
e
the vehicle is in so dangerous or dirty a condition that the examination cannot be carried out properly;
f
the vehicle has insufficient fuel and oil in it for the examination to be carried out; or
g
the engine of the vehicle is subject to mechanical or electrical failure.
The reduced pollution requirements
5
1
A vehicle satisfies the reduced pollution requirements for the purposes of the 1994 Act at any time when, as a result of an adaptation of a description specified in paragraph (2) (“a prescribed adaptation”) having been made to it after 17th March 1998, the reduced pollution requirements are satisfied with respect to it in accordance with paragraph (3).
2
A prescribed adaptation is–
a
the fitting of a new engine to a vehicle; or
b
the fitting to the engine of the vehicle of a device in respect of which there is in force a certificate of conformity issued by the manufacturer of the vehicle under section 57 of the Road Traffic Act 1988 on the basis that the device complies with approval requirements prescribed for the purpose of these Regulations by the Secretary of State in regulations made by him under section 54 of that Act.
3
In relation to a vehicle which at the time it was first used was required to comply or did comply, as to the rate and content of its particulate emissions, with the requirements specified in an instrument referred to in column (2) of an item in the Table below, the reduced pollution requirements are satisfied if the vehicle is adapted so that the rate and content of its particulate emissions do not exceed the number of grams per kilowatt-hour specified in column (3) of the item.
TABLE
(1) (2) (3) Item Instrument setting standard to which vehicle was first used Rate and content of particulate emissions after adaptation (grams per kilowatt-hour)
1 Directive 88/77/ EEC 0.16 2 Directive 91/542/EEC (limits A) 0.16 3 Directive 91/542 (limits B) 0.08 4 European Commission Proposal Com (97) 627 for a European and Council Directive amending Council Directive 88/77 0.04
4
A vehicle which was first used before 1st April 1991 shall be taken to be a vehicle to which item 1 of the table applies.
5
A vehicle shall be taken to have been first used on the date on which it was registered under–
a
the Roads Act 1920 ;
b
the Vehicles (Excise) Act 1949 ;
c
the Vehicles (Excise) Act (Northern Ireland) 1954 ;
d
the Vehicles (Excise) Act 1962 ;
e
the Vehicles (Excise) Act 1971 ;
f
the Vehicles (Excise) Act (Northern Ireland) 1972 ; or
g
the 1994 Act.
Determination of application and issue of certificate
6
1
Following an examination of a vehicle in accordance with regulation 4, the authorised examiner who carried out the examination shall issue a reduced pollution certificate to the applicant if and only if he is satisfied that the reduced pollution requirements are satisfied with respect to the vehicle.
2
A reduced pollution certificate shall be granted for such period as the Secretary of State may determine.
3
If, following such an examination, the authorised examiner is not satisfied that the reduced pollution requirements are satisfied with respect to the vehicle he shall give written notification to the applicant of the refusal and of the reasons for it.
Form of reduced pollution certificate
7
A reduced pollution certificate shall contain the information specified in Schedule 2.
Reduced pollution certificate to be conclusive
8
1
If at any time a reduced pollution certificate is in force for a vehicle it shall be conclusive evidence that the reduced pollution requirements are satisfied with respect to that vehicle at that time.
2
If at any time no reduced pollution certificate is in force for a vehicle, that fact shall be conclusive evidence that the reduced pollution requirements are not satisfied with respect to that vehicle at that time.
Reduced pollution certificate to be produced on application for a vehicle licence in prescribed circumstances
9
1
Where an application is made for a vehicle licence on the basis that the rate of vehicle excise duty applicable is a rate specified in one of the provisions of Schedule 1 to the 1994 Act specified in paragraph (2), the Secretary of State may require the applicant to furnish a reduced pollution certificate before he determines the rate at which vehicle excise duty is payable on the licence.
2
The provisions of Schedule 1 to the 1994 Act referred to in paragraph (1) are–
a
paragraph 3(1A);
b
paragraph 6(2A)(b);
c
paragraph 7(3A)(b);
d
paragraph 9A; and
e
paragraph 11A.
Re-examination of a vehicle for which a reduced pollution certificate is in force
10
1
An authorised examiner may at any time by notice in writing require the registered keeper of a vehicle in respect of which a reduced pollution certificate is in force to submit it, at such place and within such period as may be specified in the notice (or such other place or such longer period as may be agreed by the Secretary of State), for a re-examination for the purpose of determining whether the reduced pollution requirements are still satisfied with respect to it.
2
Regulations 3(3) and 4(2) (except sub-paragraph (b)) apply to a re-examination under this regulation.
3
If a vehicle for which a reduced pollution certificate is in force is found after a re-examination under this regulation to satisfy the reduced pollution requirements, the authorised examiner who carried out the re-examination shall give notice in writing to that effect to the registered keeper or to the person who brought the vehicle to the examination and to the Secretary of State.
Rectification notice
11
1
If a vehicle for which a reduced pollution certificate is in force is found after an examination whether under regulation 10 or otherwise no longer to satisfy the reduced pollution requirements, the authorised examiner who carried out the examination shall give notice in writing (in these Regulations called “a rectification notice”) to that effect to the registered keeper or to the person who brought the vehicle to the examination.
2
A rectification notice shall state in what respect the vehicle was found not to satisfy the reduced pollution requirements.
3
A rectification notice shall state that, unless the vehicle is submitted for a further examination, at such place and within such period as may be specified in the notice (or such other place or such longer period as may be agreed by the Secretary of State), and is found at that further examination to satisfy the reduced pollution requirements, the Secretary of State will at the expiration of that period revoke the reduced pollution certificate for the vehicle.
4
Regulations 3(3) and 4(2) apply to an examination under paragraph (3).
Revocation, surrender and cancellation of reduced pollution certificate
12
1
The Secretary of State may–
a
if he is satisfied, in consequence of a re-examination under regulation 11, that the reduced pollution requirements are no longer satisfied with respect to a vehicle in respect of which a reduced pollution certificate is in force; or
b
if the registered keeper of a vehicle who has been required to submit it for re-examination under regulation 10 or following a rectification notice under regulation 11 has failed to do so in accordance with these Regulations, by notice in writing given to the registered keeper revoke the reduced pollution certificate for the vehicle, which shall cease to have effect on such date as may be specified in the notice.
2
Where a notice has been given in respect of the vehicle under regulation 10(3) or 11(3), the notice under paragraph (1) shall not be given before the end of the period for submitting the vehicle for a further examination specified in the notice under regulation 10(3) or, as the case may be regulation 11(3).
3
The registered keeper of a vehicle in respect of which a reduced pollution certificate is in force may at any time surrender the certificate to the Secretary of State for cancellation, whereupon the certificate shall cease to have effect.
4
Where a certificate is revoked in accordance with paragraph (1) the registered keeper shall deliver up the certificate to the Secretary of State for cancellation within such period as the Secretary of State may specify in the notice given under paragraph (1).
Appeals against refusal or revocation of a certificate
13
1
A person aggrieved by a refusal to issue a reduced pollution certificate following an examination under regulation 4, or by the revocation of a reduced pollution certificate, may appeal to the Secretary of State.
2
An appeal under this regulation shall–
a
be made in writing within the period of 14 days immediately following the giving of a notice under regulation 6(3) or 12(1);
b
state the grounds on which it is made; and
c
be sent by post or facsimile transmission to the Secretary of State–
i
at the Goods Vehicle Centre, Welcombe House, 91/92 The Strand, Swansea SA1 2DH, in the case of a vehicle the examination of which was carried out in Great Britain; or
ii
at the Driver and Vehicle Testing Agency, Headquarters, Balmoral Road, Belfast BT12 6QL in the case of a vehicle the examination of which was carried out in Northern Ireland.
3
As soon as reasonably practicable after receipt of an appeal made in accordance with paragraph (2) the Secretary of State shall notify the appellant of–
a
the place at which the examination for the purposes of the appeal will take place; and
b
the time at which it will start.
4
The examination shall be carried out by a person who has not previously examined the vehicle who is–
a
in a case where the examination is carried out in Great Britain, authorised by the Secretary of State to carry out examinations for the purposes of this regulation; or
b
in a case where the examination is carried out in Northern Ireland, an authorised examiner.
5
At the conclusion of an examination under this regulation the Secretary of State shall either issue a reduced pollution certificate or give the appellant written notice that the appeal is dismissed and of the grounds of dismissal.
6
Regulations 3(3) and 4(2) apply to an examination under this regulation.
Prescribed fees
14
1
Subject to paragraphs (2) and (3) the prescribed fee for carrying out any examination of a vehicle under these Regulations (except an examination under regulation 10, for which no fee shall be payable) shall be–
a
£15 if it is carried out at the same time as an examination of the vehicle carried out–
i
for the purpose of determining whether a certificate of initial fitness should be issued under section 6 of the Public Passenger Vehicles Act 1981 or a public service vehicle licence should be granted under Article 61 of the Road Traffic (Northern Ireland) Order 1981 ;
ii
for the purposes of an examination carried out for the purposes of section 45 of the Road Traffic Act 1988, Article 61(1) of the Road Traffic (Northern Ireland) Order 1995 or Article 66(1) of the Road Traffic (Northern Ireland) Order 1981 (test certificates); or
iii
for one or more of the purposes mentioned in section 49(1) of the Road Traffic Act 1988 or Article 65 of the Road Traffic (Northern Ireland) Order 1995 (plating and testing of goods vehicles);
b
£25 in any other case.
2
If, at the request of the applicant, the time appointed for an examination is out of hours, the fee payable under paragraph (1) shall be increased by £8.40.
3
If, at the request of the applicant, an examination is carried out otherwise than at premises provided and maintained by the Secretary of State under section 52 of the Road Traffic Act 1988 (goods vehicle testing stations) the fee payable under preceding provisions of this regulation shall be increased by £3.50.
4
In paragraph (2) “out of hours” means–
a
at any time on Saturday, Sunday, Christmas Day, a Bank Holiday (as defined by the Banking and Financial Dealings Act 1971 ) or (in relation to Great Britain) Good Friday or (in relation to Northern Ireland) Easter Tuesday; or
b
on any other day except–
i
between 8.00 am and 5 pm on Monday to Thursday inclusive; or
ii
between 8.00 am and 4.30 pm on a Friday.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th December 1998


text:
This Order may be cited as the Nurses, Midwives and Health Visitors (Professional Conduct) (Amendment) Rules 1998 Approval Order 1998 and shall come into force on 18th May 1998.
Irvine of Lairg, C.
Dated 8th April 1998
Hardie
Dated 20th April 1998


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Cotswold Hills) Designation (Amendment) Order 1998 and shall come into force on 1st September 1998.
2
The Environmentally Sensitive Areas (Cotswold Hills) Designation Order 1994 shall be amended in Article 7(2) thereof by the substitution, for “£6.25”, of “£7”.
Saving
3
Article 2 of this Order shall not have effect for the purposes of any annual payment to a farmer which relates wholly or in part to any period before 1st September 1998.
Elliott Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
17th July 1998
We consent,
Jim Dowd
Graham Allen
Two of the Lords Commissioners of Her Majesty’s Treasury
21 st July 1998


text:
Citation, commencement and interpretation
1
This Order may be cited as the Suspension from Work on Maternity Grounds (Merchant Shipping and Fishing Vessels) Order 1998 and shall come into force on 31st March 1998.
Specified provisions under the 1996 Act
2
Regulation 8(3) and regulation 9(2) of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 are hereby specified for the purposes of section 66(2) of the 1996 Act.
Signed by order of the Secretary of State.
Ian McCartney
Minister of State,
Department of Trade and Industry
9th March 1998


text:
Title, extent, commencement and interpretation
1
1
These Regulations, which extend to Great Britain, may be cited as the Olive Oil (Marketing Standards) (Amendment) Regulations 1998 and shall come into force on 1st November 1998.
2
In these Regulations “the principal Regulations ” means the Olive Oil (Marketing Standards) Regulations 1987 .
Amendment of the principal Regulations
2
1
In regulation 2(1) of the principal Regulations, before the definition of “the Council Regulation”, there shall be inserted the following definition:
“the Commission Regulation” means Commission Regulation ( EEC ) No. 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis , as amended up to and including the amendments effected by Commission Regulation ( EC ) No. 282/98 ;
.
2
In regulation 2(1) of the principal Regulations, in the definition of “the Council Regulation”, for the words “in particular by Council Regulation (EEC) No. 1915/87 and (EEC) No. 356/92 ” there shall be substituted the words “up to and including the amendments effected by Council Regulation (EC) No. 1638/98 ”.
3
In each of regulations 4(1), 4(3) and 5A of the principal Regulations, for the words “Commission Regulation (EEC) No. 2568/91 (as amended)” there shall be substituted the words “the Commission Regulation”.
4
Regulation 4(2) of the principal Regulations shall be deleted.
Nick Brown
Minister of Agriculture, Fisheries and Food
23rd September 1998
Sewel
Parliamentary Under Secretary of State, Scottish Office
25th September 1998


text:
Citation and commencement
1
This Order may be cited as the Angus (Electoral Arrangements) Order 1998 and shall come into force on 1st January 1999.
Interpretation
2
In the Schedule to this Order–
a
a reference to–
i
an electoral ward is a reference to that electoral ward as constituted in this Order; and
ii
a road, footpath, railway line, river, burn or canal shall, where the context so admits, be construed as a reference to the centre line of the feature concerned; and
b
the following abbreviations are used:–
“EW” for electoral ward;
“NG Ref” for National Grid Reference as published on Ordnance Survey Maps.
Electoral arrangements
3
The area of Angus Council shall be divided into 29 wards, having the names, contents and boundaries set forth in the Schedule to this Order.
Henry McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
3rd November 1998


text:
Citation
1
This Order may be cited as the Teaching and Higher Education Act 1998 (Commencement No.1) Order 1998.
Provision coming into force
2
The provisions of section 44(1) of the Teaching and Higher Education Act 1998 shall come into force on 18th July 1998 for the purpose of bringing into force the provisions of paragraph 4 of Schedule 3 to that Act on that day.
Brian Wilson
Minister of State, Scottish Office
17th July 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Student Amounts Amendment) Regulations 1998 and shall come into force —
a
for the purposes of this regulation on 3rd August 1998;
b
for the purposes of sub-paragraphs (a) and (d) of paragraph (2) of regulation 2, regulation 2(1) in so far as it relates to those sub-paragraphs, and regulation 3 —
i
in relation to a student whose period of study begins on or after 1st August 1998 but before 31st August 1998, on the first Monday of that period;
ii
in any other case, on 31st August 1998;
c
for the purposes of sub-paragraphs (b) and (c) of paragraph (2) of regulation 2 and regulation 2(1) in so far as it relates to those sub-paragraphs —
i
in relation to a student whose period of study begins on or after 1st August 1998 but before 31st August 1998, on the first Tuesday of that period;
ii
in any other case, on 1st September 1998;
d
for the purposes of sub-paragraphs (e) and (f) of paragraph (2) of regulation 2 and regulation 2(1) in so far as it relates to those sub-paragraphs —
i
in relation to a student whose period of study begins on or after 1st August 1998 but before 31st August 1998, on the first day of that period;
ii
in any other case, on 31st August 1998.
2
In these Regulations —
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Student’s grant income
2
1
In each of the regulations specified in paragraph (2) below (which all relate to the calculation of the amount of a student’s grant income) for the amount “£287” in each place where it occurs there shall be substituted the amount “£295”.
2
The regulations are —
a
regulation 42(2)(g) of the Council Tax Benefit (General) Regulations 1992 ;
b
regulation 42(2)(e) of the Disability Working Allowance (General) Regulations 1991 ;
c
regulation 38(2)(f) of the Family Credit (General) Regulations 1987 ;
d
regulation 53(2)(g) of the Housing Benefit Regulations;
e
regulation 62(2)(g) of the Income Support (General) Regulations 1987 ;
f
regulation 131(2)(f) of the Jobseeker’s Allowance Regulations 1996 .
Student’s eligible rent
3
In paragraph (1) of regulation 51 of the Housing Benefit Regulations (calculation of eligible rent for full-time students) for the amount “£25.80” in sub-paragraph (a) there shall be substituted the amount “£26.45” and for the amount “£17.85” in sub-paragraph (b) there shall be substituted the amount “£18.30”.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
2nd June 1998


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of North Hertfordshire (Electoral Changes) Order 1998.
2
This Order shall come into force for the purposes of articles 2, 3, 5, 8 and 9 on 6th May 1999, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on the day after that on which it is made.
3
For the purposes of articles 4 and 6 this Order shall come into force on 2nd May 2002, except that for the purpose of all proceedings preliminary or relating to an election of a parish councillor of the parishes of Codicote and Royston to be held on or after that date this Order shall come into force on 10th October 2001.
4
For the purposes of article 7 this Order shall come into force on 4th May 2000, except that for the purpose of all proceedings preliminary or relating to an election of a parish councillor of the parish of St Ippolyts to be held on or after that date this Order shall come into force on 10th October 1999.
3
In this Order–
“the district” means the district of North Hertfordshire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to “the map” is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of North Hertfordshire (Electoral Changes) Order 1998”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of North Hertfordshire
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-six wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or parishes and parish wards, or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, waterway or other similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of North Hertfordshire
3
1
Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for wards of the district shall be held simultaneously on the ordinary day of election of councillors in 1999 .
3
The councillors holding office for any ward in the district immediately before 10th May 1999 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 1999 for any ward of the district is two, the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smaller number of votes.
6
Where the number of councillors elected in 1999 for any ward of the district is three–
a
the first to retire shall, subject to paragraphs (7) and (8) below, be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
7
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
8
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
9
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
10
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Codicote
4
The parish of Codicote shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Kings Walden
5
1
The parish shall be divided into two parish wards which shall bear the names Breachwood Green and Kings Walden and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the Breachwood Green parish ward shall be six and for the Kings Walden parish ward shall be two.
Wards of the parish of Royston
6
The parish of Royston shall be divided into three parish wards which shall bear the names Royston Heath, Royston Palace and Royston Meridian and each parish ward shall comprise the area of the ward of the district bearing the same name and the number of councillors to be elected for each parish ward shall be five.
Wards of the parish of St Ippolyts
7
The parish of St Ippolyts shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Numbers of parish councillors
8
The number of councillors to be elected for the Pirton parish shall be nine.
Parish Council Elections
9
1
The ordinary election of parish councillors for the parish of St Paul’s Walden in 1999 shall not take place; and any such parish councillor holding office immediately before 10th May 1999 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until 8th May 2000.
2
Elections of all parish councillors for the parishes of Graveley, Holwell, Ickleford, Weston and Wymondley shall be held simultaneously on the ordinary day of election of councillors in 1999 and every fourth year after 1999.
3
The elections of parish councillors for the parish of St Ippolyts shall be held simultaneously on the ordinary day of election of councillors in 2000 and every fourth year after 2000.
4
Elections of all parish councillors for the parishes of Codicote, Kimpton, Knebworth and Royston shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
5
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of parish councillors shall be four years and all parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected parish councillors shall come into office on the day on which their predecessors retire.
6
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 8th May 2000 in the office of a parish councillor for the parish of St Paul’s Walden as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 8th May 2000.
Revocation
10
The District of North Hertfordshire (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
16th October 1998


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) (Environment Agency) Regulations 1998 and shall come into force on 31st March 1998 but shall have effect from 1st April 1996.
2
In these Regulations “the principal Regulations ” means the Local Government Pension Scheme Regulations 1995 .
Amendment to the principal Regulations in respect of former employees of HM Inspectorate of Pollution and Department of the Environment
2
Paragraph 9 of Schedule M2 to the principal Regulations is amended —
a
by inserting after sub-paragraph (6) the following as sub-paragraph (6A) —
6A
A person to whom this paragraph applies who does not give notice under regulation K13 that he wishes the Environment Agency as the fund authority to accept a transfer value in respect of his accrued rights in the Principal Civil Service Pension Scheme shall nevertheless be entitled to count as a period to which Part II of Schedule B6 applies the period which he would have been entitled to count under regulation K14(1)(b) if a transfer value had been accepted under regulation K13 in relation to him and his accrued rights under the Principal Civil Service Pension Scheme.
;
b
in sub-paragraph (8)(c), by substituting for the word “conditions” the word “condition”;
c
in sub-paragraph (9) —
i
by substituting for the word “conditions” the word “condition” and for the word “are” the word “is”,
ii
by deleting the word “and” at the end of paragraph (a), and
iii
by deleting paragraph (b); and
d
by adding as sub-paragraphs (20) and (21) the following —
20
Where before 1st April 1998 a person to whom this paragraph applies —
a
is transferred from one employment to another employment with the Environment Agency at a reduced remuneration, or
b
suffers a reduction in remuneration in the same employment which —
i
results from circumstances beyond his control,
ii
is not temporary, and
iii
does not consist in the termination of, or a reduction in, a temporary increase in remuneration, or
c
suffers a restriction in the rate at which his remuneration may be increased which is such that it is likely that the rate of his standard retirement pension will be adversely affected
he shall be treated for the purposes of regulation D11 as having ceased to hold a local government employment.
21
Schedule D1 (further provisions about pensionable remuneration) shall apply in respect of a person to whom this paragraph applies as if there were inserted in paragraph 4(4) (the definition of a reduction in remuneration), after paragraph (c), the following —
d
the rate at which his remuneration may be increased is restricted in such a way that it is likely that the rate of his standard retirement pension will be adversely affected;
.
.
Retrospective effect
3
Nothing in these Regulations shall place any individual who is qualified to participate in the benefits for which the principal Regulations provide in a worse position than he would have been in if regulation 2 had been framed so as to have effect only from the date of its making.
Signed by authority of the Secretary of State
Nick Raynsford
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
5th March 1998