text:
Title, extent and commencement
1
These Regulations may be cited as The Arable Area Payments Regulations 1995, shall apply to Great Britain and shall come into force on 31st July 1995.
Interpretation
2
1
In these regulations, unless the context otherwise requires —
“agricultural land” has —
in relation to land in England or Wales, the same meaning as in section 1(4) of the Agricultural Holdings Act 1986 ; and
in relation to land in Scotland, the same meaning as in section 1(2) of the Agricultural Holdings (Scotland) Act 1991 ;
“agricultural parcel” has the same meaning as in Article 1(4) of Council Regulation 3508/92 as read with the first indent of Article 6(1) of that Regulation;
“agricultural plot” means a cultivated plot as referred to in Article 2(1)(e) of Commission Regulation 2294/92 or in Article 2(e) of Commission Regulation 2295/92 or a separate piece of an area as referred to in Article 4(3) of Commission Regulation 2780/92;
“arable compensatory payment” means a compensatory payment other than a compensa tory payment made in respect of set-aside land;
“arable crop” has the same meaning as in Article 1(2) of Council Regulation 1765/92;
“authorised person” means any person who is authorised by the Minister, either generally or specially, to act in matters arising under these Regulations;
“collector” has the same meaning as in Article 1 of Commission Regulation 334/93;
“combinable crop” means any crop commonly harvested using a combine harvester;
“Commission Regulation 2294/92” means Commission Regulation ( EEC ) No. 2294/92 on detailed rules for the application of the support system for producers of the oilseeds referred to in Council Regulation 1765/92 , as last amended by Commission Regulation ( EC ) No. 762/95 ;
“Commission Regulation 2295/92” means Commission Regulation (EEC) No. 2295/92 on detailed rules for the application of the support system for producers of the protein crops referred to in Article 6 of Council Regulation 1765/92 , as last amended by Commission Regulation (EC) No. 3347/93 ;
“Commission Regulation 2780/92” means Commission Regulation (EEC) No. 2780/92 on the conditions for the grant of compensatory payments under the support system for producers of certain arable crops , as last amended by Commission Regulation (EC) No. 868/95 ;
“Commission Regulation 3887/92” means Commission Regulation (EEC) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes as last amended by Commission Regulation (EC) No. 229/95 ;
“Commission Regulation 334/93” means Commission Regulation (EEC) No. 334/93 laying down detailed implementing rules for the use of land set aside for the provision of materials for the manufacture within the Community of products not primarily intended for human or animal consumption , as amended by Commission Regulation (EC) No. 608/94 ;
“Commission Regulation 2595/93” means Commission Regulation (EEC) No. 2595/93 laying down detailed rules as regards the use of land set aside for the production of multiannual raw materials for the manufacture within the Community of products not intended for human or animal consumption ;
“Commission Regulation 762/94” means Commission Regulation (EC) No. 762/94 laying down detailed rules for the application of Council Regulation 1765/92 with regard to the set-aside scheme as last amended by Commission Regulation (EC) No. 229/95 ;
“compensatory payment” means a compensatory payment under Article 2(2) of Council Regulation 1765/92;
“Council Regulation 2092/91” means Council Regulation (EEC) No. 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs as last amended by Commission Regulation (EC) No. 2381/94 ;
“Council Regulation 1765/92” means Council Regulation (EEC) No. 1765/92 establishing a support system for producers of certain arable crops (as last amended by Council Regulation (EC) No. 1460/95 ) as read with Commission Regulation (EEC) No. 3738/92 and Council Regulation (EC) No. 2990/94 ;
“Council Regulation 2078/92” means Council Regulation (EEC) No. 2078/92 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside ;
“Council Regulation 2080/92” means Council Regulation (EEC) No. 2080/92 instituting a Community aid scheme for forestry measures in agriculture ;
“Council Regulation 3508/92” means Council Regulation (EEC) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes as last amended by Council Regulation (EC) No. 3233/94 ;
“eligible land” means land —
for which aid has been granted under Title I of Council Regulation (EEC) No. 2328/91 on improving the efficiency of agricultural structures or in respect of which an application for direct payments has been accepted under Council Regulation (EEC) No. 3766/91 establishing a support system for producers of soya beans, rape seed, colza seed and sunflower seed ;
not under permanent pasture (as defined in the Annex to Commission Regulation 2780/92), permanent crops (as defined in the same Annex), forest or non-agricultural uses on 31 December 1991;
which the Minister has declared to be eligible land in accordance with the third paragraph of Article 9 of Council Regulation 1765/92 and Article 3(3) of Commission Regulation 2780/92; or
which falls to be treated as eligible land in accordance with the fourth paragraph of Article 9 of Council Regulation 1765/92 and Article 3(4) of Commission Regulation 2780/92,
except for land which the Minister has declared, in accordance with the second, third or fourth paragraph of Article 9 of Council Regulation 1765/92, no longer to be eligible land.
“environmental transferred set-aside land” means all land set aside by a farmer to satisfy the set-aside requirement of another farmer, except for land in respect of which evidence showing that it falls within the location specified in regulation 9(3)(a) has been provided by the transferee (as therein defined);
“farmer” means a farmer within the meaning of Article 1(4) of Council Regulation 3508/92 who applies to the Minister for a compensatory payment;
“farm-saved rapeseed” means seed conforming to the provisions of Article 3(1)(b) of Commission Regulation 2294/92;
“flexible set-aside land” means land set aside pursuant to the set-aside requirement or the option to set aside, except for rotational set-aside land;
“green cover” means a green cover established or, as the case may be, falling to be established in accordance with Schedule 2;
“green cover season” means the period commencing on 15th January and ending on 30th April in the same year;
“guaranteed set-aside land” means flexible set-aside land which a farmer has undertaken to keep set aside for five successive marketing years pursuant to Article 5(1) of Commission Regulation 762/94;
“holding” has the same meaning as in Article 1(4) of Council Regulation 3508/92;
“land set aside for non-food purposes” means land set aside for the provision of raw materials for the manufacture within the European Community of products not primarily intended for human or animal consumption, in accordance with either Commission Regulation 334/93 or Commission Regulation 2595/93;
“legal requirement” , in relation to a farmer, means an obligation which the Minister is satisfied is legally binding on the farmer;
“the Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food; and
in relation to Wales or Scotland, the Secretary of State;
“the option to set aside” means the option (under Article 7(6) Council Regulation 1765/92 and subject to the requirements thereof) for a farmer to set aside more land than would be required to satisfy his set-aside requirement;
“organic waste” means any waste material produced by or from animals or plants as a by-product of agricultural production, including animal bedding;
“penalty set-aside land” means land set aside to satisfy the penalty set-aside requirement;
“penalty set-aside requirement” means the requirement referred to in the second indent of the first sub-paragraph of Article 2(6) of Council Regulation 1765/92;
“permitted agricultural production” means —
the production of products for non-food purposes in accordance with Commission Regulation 334/93 or Commission Regulation 2595/93; and
during the period commencing on 1st September and ending on the following 14th January the use of set-aside land for keeping and feeding animals and the harvesting of crops from that land in circumstances where —
no payment or benefit in kind is received by the farmer in respect of such use or harvesting; and
such use or harvesting is not required to be prohibited by Article 3(3) of Commission Regulation 762/94;
“processor” means a processor referred to in Article 11 of Commission Regulation 334/93;
“production region” has the same meaning as in Article 3 of Council Regulation 1765/92;
“rotational set-aside land” means land set aside (pursuant to the set-aside requirement or the option to set aside) in accordance with Article 4(1) of Commission Regulation 762/94;
“scheme year” means a year beginning on 15th January and ending on the following 14th January;
“seed crop” means a crop grown so that the seed of the crop may be harvested and sown to establish a further crop;
“set aside” means withdraw from agricultural production other than permitted agricultural production;
“set-aside compensatory payment” means a compensatory payment made in respect of set-aside land, as provided for in Articles 7(5) and 7(6) of Council Regulation 1765/92;
“set-aside land” means land set aside pursuant to —
the set-aside requirement;
the penalty set-aside requirement; or
the option to set aside,
including land so set aside which has been set aside pursuant to Council Regulation 2078/92 or afforested pursuant to Council Regulation 2080/92 and (in either case) is counted as being set aside pursuant to Article 7(2) of Council Regulation 1765/92;
“set-aside period” means (except in the case of guaranteed set-aside land) the period within a scheme year commencing on 15th January and ending on 31st August, and in the case of guaranteed set-aside land, means the period commencing on 15th January in the first year in which the land is set aside as guaranteed set-aside land and ending on the expiry of the undertaking to set that land aside for five marketing years given pursuant to Article 5(1) of Commission Regulation 762/94;
“set-aside requirement” (except in the expression “penalty set-aside requirement” ) means the requirement, imposed by Article 2(5) Council Regulation 1765/92, on all farmers claiming arable compensatory payments (except those to whom Article 8(3) of that Regulation applies) to set aside land in accordance with Article 7(1) of that Regulation;
“shallow cultivate” means cultivate to a depth of no more than 7 centimetres;
“sharefarming agreement” means an agreement for the use of agricultural land for the purposes of a farming enterprise, made between the owner of that land (including a person entitled for a term of years certain or other limited estate) and a farmer who does not have a right to exclusive possession of that land or any legal interest or charge in or over it, under which —
the relationship between the contracting parties is not one of partnership or employer and employee or landlord and tenant;
the respective liabilities of the contracting parties for the farming enterprise remain separate and defined in the agreement;
the contracting parties have joint responsibility for planning and managing the farming enterprise; and
each contracting party’s reward for participation in the farming enterprise is an agreed share of the output from that enterprise, including agricultural produce of all kinds produced on or from the land and, in any case where produce is sold on behalf of each party to the sharefarming agreement, revenues from such sale;
“specified control measure” means any check, test, verification, inspection, investigation, control or other operation in relation to arable land which a Member State is required to carry out under Council Regulation 3508/92 or Title IV of Commission Regulation 3887/92
“specified raw materials” means the raw materials, listed in Annex I to Commission Regulation 334/93 and in Annex I to Commission Regulation 2595/93, produced on land set aside for non-food purposes;
“vernacular building” means a building of a design or style traditional in its locality;
“waste” (except in the expression “organic waste” ) means any type of agricultural, industrial or domestic waste.
2
In these Regulations, unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Production regions
3
1
For the purposes of Article 3 of Council Regulation 1765/92, the production regions in Great Britain shall be —
a
England;
b
land in Wales which is included in the list of less-favoured farming areas adopted by the Council of the European Communities under Article 2(2) of Council Directive 75/268/EEC on mountain and hill farming in less-favoured areas (as last amended by Council Regulation (EEC) No. 797/85 ), which list is contained in Council Directive 84/169/EEC , as amended by Commission Decision 91/25/EEC made as provided by Article 2(3) of Council Directive 75/268/EEC as amended by Council Directive 80/666/EEC ;
c
all other land in Wales;
d
land in Scotland which is included in the list described in sub-paragraph (b) above; and
e
all other land in Scotland.
2
In order to take account of structural differences between the production regions of the United Kingdom as envisaged by the second paragraph of Article 3(1) of Council Regulation 1765/92, the average cereals yields calculated in accordance with Article 3(2) of that Regulation shall be adjusted, and the adjusted average cereals yield for each production region of Great Britain (determined in accordance with the regionalisation plan submitted by the United Kingdom to the Commission of the European Communities pursuant to Article 3(3) of Council Regulation 1765/92) shall be calculated as follows —
a
the adjusted average cereals yield for each production region of Great Britain shall be the sum of 60% of the average cereals yield for that region determined in accordance with Article 3(2) of Council Regulation 1765/92, and 40% of the average cereals yield for the United Kingdom, and
b
for the purposes of sub-paragraph (a) above, the average cereals yield for the United Kingdom shall be calculated in accordance with the method set out in Article 3(2) of Council Regulation 1765/92, by treating the United Kingdom as if it were a single production region.
Calculation of projected regional reference amount
4
For the purposes of Article 5(1)(c) of Council Regulation 1765/92, the projected regional reference amount shall be calculated by comparing the oilseeds yield for each production region with the average oilseeds yield for the Community of 2.36 tonnes per hectare.
Minimum size of agricultural plot
5
1
Subject to paragraph (2) below, for the purposes of Article 2(1)(e) of Commission Regulation 2294/92, Article 2(e) of Commission Regulation 2295/92 and Article 4(3) of Commission Regulation 2780/92, the minimum size of an agricultural plot for which an arable compensatory payment may be made shall be 0.10 hectare.
2
In the case of land used for seed production or research, the minimum size of an agricultural plot for which an arable compensatory payment may be made shall be 0.01 hectare.
Derogation from requirement to have farmed for two years land set aside
6
For the purposes of Article 3(4) of Commission Regulation 762/94, the special cases, where a farmer shall be entitled to claim set-aside compensatory payment on land which he has not farmed for the two years prior to the commencement of the set-aside period, shall be —
a
in relation to land in England or Wales, those specified in Schedule 1, Part I; and
b
in relation to land in Scotland, those specified in Schedule 1, Part II.
Derogation from requirement to set land aside in the production region where the related arable land is situated
7
1
For the purposes of Article 9(3) of Commission Regulation 762/94, paragraphs (2) to (5) below shall apply where a farmer farms land in more than one production region.
2
Where pursuant Article 9(2) of Commission Regulation 762/94, a farmer would be required (except as provided by Article 9(4) of that Regulation and but for this provision) to set aside an area no larger than 2 hectares of land in a particular production region, he may set aside that land in any one or more of the production regions in which he farms.
3
Where pursuant to Article 9(2) of Commission Regulation 762/94, a farmer would be required (except as provided by Article 9(4) of that Regulation and but for this provision) to set aside an area of land in any particular production region, and part of the land he farms in another production region is contiguous to land he farms in the first production region, he may set aside the required area of land or any part of it anywhere in that contiguous area of land.
4
Where pursuant to Article 9(2) of Commission Regulation 762/94, a farmer would be required (except as provided by Article 9(4) of that Regulation and but for this provision) to set aside an area of land in any particular production region and the cereals yield in that production region and in any other production region in which he farms is the same, he may set aside the required area of land in any one or more of those production regions.
5
for the purposes of paragraph (4) above, the cereals yield of a production region is its adjusted average cereals yield calculated in accordance with regulation 3(2) above.
Requirements in relation to set-aside land
8
1
A farmer shall, subject to paragraphs (2) to (8) below, comply with the requirements of Schedule 2 in relation to his set-aside land other than land which is —
a
set aside pursuant to Council Regulation 2078/92; or
b
afforested pursuant to Council Regulation 2080/92.
2
A farmer may use relevant set-aside land for the provision of specified raw materials, in which case he —
a
shall not be required to comply with any provision of Schedule 2 (except as applied by Schedule 3), but
b
shall comply with the requirements set out in Schedule 3,
in relation to that land, and for the purposes of this paragraph “relevant set-aside land” means set-aside land which is neither environmental transferred set-aside land nor land to which paragraph (1)(a) or (b) above refers.
3
A farmer shall be exempt from any particular requirement of Schedule 2 or 3 in relation to particular set-aside land, if he satisfies the Minister that he should be exempted from it —
a
to facilitate research into the effect of the observance of particular methods of managing set-aside land;
b
for environmental reasons;
c
in the case of an educational establishment, to facilitate the fulfilment of its educational purpose;
d
because during the set-aside period —
i
a pipeline, cable or pylon is or will be laid through, or constructed on or across, the particular set-aside land and the farmer cannot reasonably prevent that laying or construction, provided that, in the case of land set aside as rotational set-aside land, laying or construction was not already in progress on the date on which the land was set aside;
ii
maintenance of a pipeline, cable or pylon which the farmer cannot reasonably prevent is or will be carried out on the particular set-aside land; or
iii
an archaeological excavation is to be carried out on the particular set-aside land;
e
for reasons of human or animal health or safety;
f
because, at the time at which compliance with that requirement would otherwise be required, it is likely that the cost or difficulty of complying with that requirement would be disproportionately high in comparison with the environmental benefit which compliance with that requirement would yield; or
g
because such exemption is necessary either to enable a serious plant health problem to be treated, or to permit preventative measures to be taken to prevent the development of such a problem.
4
The Minister may specify that any exemption granted pursuant to paragraph (3) above shall be effective only until a date, or the occurrence of a particular event, specified in the exemption.
5
Where the Minister considers that —
a
the circumstances of all set-aside land (apart from that to which paragraph (1)(a) or (b) above refers) —
i
situated in a particular geographical location;
ii
planted with a particular variety or species of crop; or
iii
both situated in a particular geographical location and planted with a particular variety or species of crop,
are such that each farmer of that land would be able to satisfy the Minister that he should be exempt, under paragraph (3)(e), (f) or (g) above or under paragraph 25(a) of Schedule 2, or treated as having been exempted under paragraph 11(2) of Schedule 2, from the requirement to comply with any or all of the requirements set out in Schedule 2 in respect of that land; and
b
the circumstances are such that it would be reasonably practicable for the Minister to publish an exemption notice in accordance with paragraph (6) below,
then the Minister shall so publish that exemption notice.
6
Every exemption notice to which paragraph (5) above refers shall be published in the farming press and shall —
a
specify —
i
(in a case to which paragraph (5)(a)(i) above applies) the geographic location;
ii
(in a case to which paragraph (5)(a)(ii) above applies) the variety or species of crop; or
iii
(in a case to which paragraph (5)(a)(iii) above applies) the geographical location and variety or species of crop,
to which the exemption applies;
b
specify the scope of the exemption;
c
specify any conditions attaching to the exemption; and
d
specify the period of applicability of the exemption.
7
Where an exemption notice is published, any farmer who applies or has applied to the Minister for a compensatory payment in respect of any land —
a
(in a case to which paragraph (5)(a)(i) above applies) situated in a geographic location;
b
(in a case to which paragraph (5)(a)(ii) above applies) planted with a variety or species of crop; or
c
(in a case to which paragraph (5)(a)(iii) above applies) situated in a geographical location and planted with a variety or species of crop,
specified in that notice shall (except as may be required by the notice) by virtue of this provision be treated as exempt (or, as the case may be, as having been exempted) from the requirement to comply with such provisions of Schedule 2 of these Regulations as are specified in that notice, during the period of applicability of that exemption.
8
For the purposes of paragraphs (6) and (7) above —
a
the “farming press” means any publication or group of publications which in the Minister’s opinion is read by sufficient of those farmers to whom the exemption applies that knowledge of it will be disseminated to substantially all of those affected farmers; and
b
the period of applicability of the exemption means either a period of a specified length commencing on a date specified in the exemption notice or the period from that date until the occurrence of a particular event specified in the exemption notice as bringing the period of applicability to an end.
Transfer of the obligation to set aside to another farmer
9
1
Where a farmer transfers his set-aside requirement either in whole or part to another farmer purportedly in compliance with the plan submitted by the United Kingdom to the Commission of the European Communities pursuant to the second indent of Article 7(7) of Council Regulation 1765/92 as read with Article 10 of Commission Regulation 762/94, the Minister shall accept that transfer as carried out in accordance with the Plan where the transferee provides the evidence specified in the following paragraphs of this regulation to the Minister’s satisfaction.
2
For the purposes of this regulation, the “transferor” means the farmer who is so transferring his set-aside requirement and the “transferee” means the farmer to whom that requirement is so transferred.
3
The transferee shall provide evidence that all the land which is set aside by him to satisfy the set-aside requirement of the transferor falls within —
a
a location within the coverage of the restriction as to distance referred to in the second indent of Article 7(7) of Council Regulation 1765/92, as read with Article 10(9) of Commission Regulation 762/94;
b
a Nitrate Sensitive Area as designated (in England and Wales) by the Nitrate Sensitive Areas (Designation) Order 1990 or (in Scotland) under Section 31B of the Control of Pollution Act 1974 as it applies to Scotland;
c
a site of archaeological or historical importance; or
d
(in Scotland) a water features protection area,
or comprises a continuous area of land immediately adjoining a site of special scientific interest or a site of archaeological or historical importance, with (in the former case) at least 25% of the length of the boundary of that continuous area of land being contiguous with the boundary of that site.
4
For the purposes of paragraph (3) above, land falls within a site of archaeological or historical importance if it comprises all or part of —
a
an Ancient Monument which is included in the schedule compiled by the Secretary of State pursuant to section 1(1) of the Ancient Monuments and Archaeological Areas Act 1979 ;
b
an area designated as an area of archaeological importance by the Secretary of State under section 33 of the Ancient Monuments and Archaeological Areas Act 1979;
c
an area in England and Wales in respect of which the transferee supplies evidence satisfactory to the Minister (to the extent that it is not already available to him) showing —
i
that the responsible officer of a local authority in whose area it lies considers management of it as set-aside land to be of potential archaeological value; and
ii
that it comprises all or part of a site listed in a register of sites of archaeological interest maintained by that local authority; or
d
an area in Scotland in respect of which the transferee supplies evidence satisfactory to the Minister (to the extent that it is not already available to him) showing that it is listed in a register of sites of archaeological interest maintained by a public authority.
5
For the purposes of paragraph (3)(d) above, a water features protection area is an area in Scotland which is adjacent to a water feature, and in respect of which the transferee provides evidence satisfactory to the Minister (to the extent that it is not already available to him) showing that the management of that area as set-aside land would have a beneficial effect on the ecological status of that water feature, and “water feature” means any river, loch, wetland or other similar feature.
6
For the purposes of paragraph (3) above, a site of special scientific interest is an area of special scientific interest as notified pursuant to section 28(1) of the Wildlife and Countryside Act 1981 or an area to which section 29(3) of the same Act applies.
7
Where a transferee sets land aside as environmental transferred set-aside land, he shall provide (in addition to any evidence he is required to provide by virtue of the previous provisions of this regulation) evidence that —
a
he is satisfying the set-aside requirement in relation to his holding by setting land aside as flexible set-aside land;
b
all land set aside by him as environmental transferred set-aside land in the two scheme years immediately before the previous scheme year remained set aside for at least two consecutive scheme years; and
c
any land set aside by him as environmental transferred set-aside land in the previous scheme year has been set aside again in the current scheme year.
Requirements in relation to rapeseed
10
1
A farmer who sows farm-saved rapeseed on his holding shall not be entitled to receive compensatory payments in respect of the land sown with that seed unless that seed is qualifying seed and has been cleaned and dressed separately from any farm-saved rapeseed of a different variety produced on that holding and from seed not produced on that holding.
2
For the purposes of paragraph (1) above seed is qualifying seed if it was harvested —
a
during the pre-sowing harvest; or
b
subject to paragraph (3) below, during the harvest immediately preceding the pre-sowing harvest.
3
Seed harvested during the harvest immediately preceding the pre-sowing harvest is qualifying seed for the purposes of paragraph (1) above only if —
a
climatic conditions during the pre-sowing harvest were such that it was either not possible to harvest farm-saved rapeseed or not possible to clean and dress it as specified in paragraph (1) above or to obtain the results of the mandatory analysis, before the time at which it would be necessary to sow seed in order to obtain a successful crop; and
b
the farmer has informed the seed sampler, before sowing such seed, that he intended to sow it because the conditions of sub-paragraph (a) above were satisfied.
4
For the purposes of Article 2(1)(d) of Commission Regulation 2294/92 (which restricts eligibility for compensatory payments in respect of oil seed crops to areas sown in accordance with locally recognised standards) —
a
a farmer who sows —
i
a crop of winter high erucic acid rapeseed within 50 metres of a crop of previously sown winter OO rapeseed;
ii
a crop of spring high erucic acid rapeseed within 50 metres of a crop of previously sown spring OO rapeseed;
iii
a crop of winter OO rapeseed within 50 metres of a crop of previously sown winter high erucic acid rapeseed; or
iv
a crop of spring OO rapeseed within 50 metres of a crop of previously sown spring high erucic acid rapeseed,
shall not be regarded as having sown that crop in accordance with locally recognised standards; and
b
a farmer who in any case referred to in paragraphs (i) to (iv) of sub-paragraph (a) above, has also sown the previously sown crop, shall not be regarded as having sown that previously sown crop in accordance with locally recognised standards.
5
For the purposes of this regulation —
a
the “pre-sowing harvest” is the harvest immediately preceding the autumn or spring in which the seed is sown;
b
the “seed sampler” is an appointed agent of the Minister whom the Minister has authorised by letter to take the samples required for mandatory analyses;
c
a “mandatory analysis” is the analysis required by Annex III of Commission Regulation 2294/92 to ensure that farm-saved rapeseed to which Article 3(1)(b) of that Regulation applies conforms to the minimum quality criterion specified in that Annex;
d
“OO rapeseed” is any variety of oilseed rape listed in Annex II to Commission Regulation 2294/92;
e
“high erucic acid rapeseed” means rapeseed of any variety conforming to the requirements of Annex IV to Commission Regulation 2294/92, except OO rapeseed;
f
“winter OO rapeseed” and “winter high erucic acid rapeseed” means OO or high erucic acid (as the case may be) rapeseed sown in the year before the intended year of harvest of the crop; and
g
“spring OO rapeseed” and “spring high erucic acid rapeseed” means OO or high erucic acid (as the case may be) rapeseed sown in the same calendar year as it is intended to harvest the crop.
Keeping and retention of records by a farmer
11
1
A farmer shall retain all commercial documents relating to seed sown on land in respect of which he makes an application for compensatory payment from the time at which he makes such application (or the time at which the commercial document concerned comes into his possession if later) until the end of the fourth year following the year of harvest relating to that seed.
2
A farmer who sows farm-saved seed on land in respect of which he makes an application for compensatory payment shall retain all commercial documents —
a
relating to the seed which produced the crop from which the farm-saved seed was obtained; and
b
relating to the cleaning and dressing of the farm-saved seed,
from the time at which he makes such application (or the time at which the commercial document concerned comes into his possession if later) until the end of the fourth year following the year of harvest relating to that seed.
3
Where a farmer claims a compensatory payment in respect of land set aside for non-food purposes, he shall retain any delivery note relating to the crop grown on that land from the time at which it comes into his possession until the end of the fourth year following the year of harvest relating to that crop.
4
For the purposes of this regulation —
a
the year of harvest relating to seed is the calendar year in which the crop grown from that seed is harvested, destroyed or otherwise removed from the land, and the year of harvest relating to any crop is the calendar year in which that crop is harvested, destroyed or otherwise removed from the land;
b
a “commercial document” in relation to seed includes any invoice, seed label, sales note and delivery note relating to it, and in relation to the cleaning and dressing of farm-saved seed includes all invoices and delivery notes relating to such cleaning and dressing; and
c
“farm-saved seed” is seed which is the product of a harvest on the holding on which it is sown.
Keeping and retention of records by a collector and by a processor
12
1
This regulation applies where a farmer claims a compensatory payment in respect of land set aside for non-food purposes, other than flexible set-aside land used for the production of multiannual raw materials in accordance with the provisions of Commission Regulation 2595/93.
2
A collector shall keep records of the quantity of all specified raw materials produced on that land, which he has purchased and sold for processing, and the names and addresses of all subsequent buyers or processors to whom he has sold those specified raw materials.
3
A collector shall retain the records referred to in paragraph (2) above until the earlier of —
a
the third anniversary of the date on which he delivers to a processor the specified raw materials to which those records relate, with a view to their being processed to obtain one or more of the products mentioned in Annex II to Commission Regulation 334/93; and
b
the seventh anniversary of the date of creation of those records.
4
A processor shall keep records showing on a daily basis in relation to specified raw materials so produced —
a
the quantity of all specified raw materials purchased by him for processing;
b
the quantity of specified raw materials processed by him together with the quantity and type of products and by-products obtained from the processing;
c
the losses of specified raw materials resulting from processing;
d
the quantity of specified raw materials destroyed, if any, together with the reason for such destruction;
e
the quantity and type of products and by-products sold or otherwise disposed of by him and the price obtained; and
f
the names and addresses of all subsequent buyers or processors to whom he sells the specified raw materials or products or by-products of processing.
5
A processor shall retain the records referred to in paragraph (4) above for two years from the date on which he processes, destroys, sells or otherwise disposes of, as the case may be, specified raw materials to which those records relate.
Reduction or cancellation of compensatory payments for breach of Schedules 2 and 3
13
1
In the event of a breach by a farmer of any requirement of Schedule 2, other than the requirements of paragraphs 13(2)(b), 13(2)(c), 17(1) and 26, the set-aside compensatory payment shall be reduced in relation to each agricultural parcel in respect of any part of which any such requirement is breached by the greater of —
a
£100; and
b
£100 per hectare multiplied by the area of that part of that parcel (measured in hectares to the nearest 0.01 hectare) in respect of which any such requirement is breached.
2
In the event of a breach by a farmer of any requirement of paragraph 26 of Schedule 2 or paragraph 1 of Schedule 3, the set-aside compensatory payment he shall be entitled to receive shall be reduced by —
a
£100 for each feature (other than a linear feature) which, in contravention of that requirement, he destroys, damages or removes; and
b
the greater of —
i
£100; and
ii
£1 per metre multiplied by the length measured to the nearest whole metre of the feature destroyed, damaged or removed,
for each linear feature which, in contravention of that requirement, he destroys, damages or removes.
3
For the purposes of paragraph (2) above —
a
subject to sub-paragraph (b) below, a linear feature is a hedge, row of trees, ditch or watercourse; and
b
where two or more parts of such a linear feature, not immediately adjacent to each other, are destroyed, damaged or removed, each shall be treated as a separate linear feature.
4
Where a farmer —
a
sows or makes preparations for sowing an arable crop, temporary grass ley or traditional forage crop, in contravention of paragraph 13(2)(b) or 13(2)(c) of Schedule 2, or fails to comply with any requirement of paragraph 17(1) of Schedule 2; and
b
the area of set-aside land on which the contravention or failure referred to in sub-paragraph (a) above occurred is not, by virtue of paragraph (2) of Article 9 of Commission Regulation 3887/92, treated for the purposes of that paragraph, as an area for which all the conditions laid down in the rules have not been met,
the set-aside compensatory payment he shall be entitled to receive shall be reduced by the amount by which it would have been reduced had the area been so treated.
5
In the event of a breach by the farmer of any requirement referred to in paragraphs 2 to 4 of Schedule 3, no set-aside compensatory payment shall be paid in respect of the land no longer to be used for the provision of specified raw materials.
6
Where a farmer has already been paid all or part of the compensatory payment to which he would have been entitled but for the application of this regulation, any amount by which the compensatory payment which he has received exceeds that to which, following the application of this regulation, he is entitled shall be treated as if it were a wrong payment which fell to be recovered in accordance with Article 14(1) of Commission Regulation 3887/92 and regulation 4A of the Integrated Administration and Control System Regulations 1993 .
Rate of interest applicable where compensatory payments fall to be returned
14
1
This regulation applies where any compensatory payment is paid to a farmer by the Minister and, by virute of Article 14(1) of Commission Regulation 3887/92 (whether applying directly or treated by these Regulations as applying), the farmer is required to reimburse all or part of that payment.
2
Except where the Minister recovers from any person any compensatory payment made as a result of the error of that Minister, interest shall be charged at the rate of one percentage point above LIBOR on a day to day basis for the period specified in that Article on the amount falling to be so reimbursed.
3
For the purposes of this regulation, LIBOR means the sterling three month London interbank offered rate in force during the period specified in that Article.
4
In any proceedings relating to this regulation, a certificate of the Minister stating the LIBOR applicable during a period specified in the certificate shall be conclusive evidence of the rate applicable in the specified period if the certificate also states that the Bank of England notified the Minister of that rate.
Powers of authorised persons
15
1
An authorised person may at all reasonable hours 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 any specified control measure; or
b
ascertaining whether an offence under these Regulations has been or is being committed.
2
An authorised person may enter any premises, other than premises used only as a dwelling, which are, or which such person has reasonable cause to believe to be, occupied by, or in the possession of, a farmer, collector or processor or an employee or agent of a farmer, collector or processor.
3
An authorised person who has entered any premises by virtue of this regulation may —
a
inspect all or any part of the land farmed or set aside by a farmer;
b
inspect any crops growing on that land or kept on it.
4
An authorised person may —
a
require any farmer, collector or processor or any employee or agent of a farmer, collector or processor to produce any record and to supply such additional information in that person’s possession or under his control relating to an application for a compensatory payment as the authorised person may reasonably request;
b
inspect any such record and, where any such record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with that record;
c
require that copies of, or extracts from, any such record be produced;
d
seize and retain any such record which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of computer, require it to be produced in a form in which it may be taken away.
5
An authorised person entering any premises by virtue of this regulation may take with him such other persons as he considers necessary.
Assistance to authorised persons
16
A farmer, collector or processor or any employee or agent of a farmer, collector or processor shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred upon him by regulation 15.
Offences and penalties
17
1
If any person fails to comply with an obligation imposed on him by regulation 11 or 12 he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
If any person —
a
intentionally obstructs an authorised person in the exercise of a power conferred by regulation 15; or
b
fails without reasonable excuse to comply with a requirement of an authorised person imposed under regulation 15(4)(a) or (c) or with a request made under regulation 16,
he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
If any person for the purpose of obtaining the whole or any part of a compensatory payment or in purported compliance with any requirement imposed under regulation 15(4) knowingly or recklessly makes a statement which is false or misleading in a material respect, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
Proceedings for an offence under paragraph (1), (2) or (3) above may, subject to paragraph (5) below, in England and Wales be brought, and in Scotland commenced, within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings came to his knowledge.
5
No proceedings under paragraph (2) or (3) above shall be brought, or commenced, by virtue of this regulation more than 12 months after the commission of the offence.
6
A certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
7
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
8
In relation to proceedings in Scotland, subsection (3) of section 331 of the Criminal Procedure (Scotland) Act 1975 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
9
Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
10
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (9) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
11
In paragraphs (9) and (10) above references to a “body corporate” include references to a Scottish partnership and, in relation to such partnership, any reference to a director or other officer of a body corporate is a reference to a partner.
Revocation of Existing Legislation
18
The Arable Area Payments Regulation 1994 and the Arable Area Payments (Amendment) Regulations 1994 are hereby revoked.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
5th July 1995
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
5th July 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Derbyshire Royal Infirmary National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 13th February 1995.
2
In this Order —
“the Authority” means the Southern Derbyshire Health Authority;
“the Trust” means the Derbyshire Royal Infirmary National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 1st April 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th February 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
16th January 1995


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Cotswold Hills) Designation (Amendment) Order 1995 and shall come into force on 28th February 1995.
Amendment
2
Article 3 of the Environmentally Sensitive Areas (Cotswold Hills) Designation Order 1994 shall be amended by substituting for the words “Gloucestershire and Hereford and Worcester”, the following words —
Gloucestershire, Hereford and Worcester and Warwickshire.
Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
26th January 1995
We consent
Timothy Kirkhope
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd January 1995


text:
1
This Order may be cited as the Defence Evaluation and Research Agency Trading Fund Order 1995 and shall come into force on 1st April 1995.
2
The 1993 Order shall be varied in accordance with the following articles.
3
The operations of the Defence Research Agency Trading Fund shall, from 1st April 1995, be extended to those parts of the Ministry of Defence which carry out operational analysis and technical programmes functions and to the operations of the following parts of the Ministry of Defence:
the Atomic Weapons Establishment, Foulness; the British Underwater Test and Evaluation Centre; the Centre for Human Sciences; the Chemical and Biological Defence Establishment; the Defence Operational Analysis Centre; the Defence Research Information Centre; the Directorate General of Test and Evaluation.
4
The Defence Research Agency Trading Fund, as its operations are extended by this Order, shall be known as the Defence Evaluation and Research Agency Trading Fund.
5
The Crown assets set out in the Schedule to this Order (“the additional assets”) and the Crown liabilities so set out (“the additional liabilities”), being assets and liabilities properly attributable to those extended operations, shall be appropriated as assets and liabilities of the Defence Evaluation and Research Agency Trading Fund.
6
68% of the amount by which the value of the additional assets exceeds the amounts of the additional liabilities shall be treated as public dividend capital of the Defence Evaluation and Research Agency Trading Fund.
Malcolm Rifkind
Secretary of State for Defence
22nd February 1995
We concur
Timothy Kirkhope
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd March 1995


text:
Citation and commencement
1
These Regulations may be cited as the River Nith Salmon Fishery District (Baits and Lures) Regulations 1995 and shall come into force on 1st January 1996.
Specification of baits and lures and area of application
2
Natural prawns and shrimps (whether fresh or preserved, dyed or natural colour) and any part thereof are, in relation to the River Nith and its tributaries within the River Nith salmon fishery district upstream of a line drawn across the River Nith between grid reference 97507483 (the house situated at 28 Riverside Drive, Dumfries) and grid reference 97537470 (the north east corner of Kingholm Playing Fields, Dumfries), specified for the purposes of the definition of “rod and line” in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 .
D R Dickson
Assistant Secretary, Scottish Office
Scottish Office Agriculture,
Environment and Fisheries Department,
Chesser House West,
Edinburgh
6th October 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Preston Acute Hospitals National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 15th March 1995.
2
In this Order —
“the Authority” means the North West Lancashire Health Authority;
“the Trust” means the Preston Acute Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 11th November 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 15th March 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
15th February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mount Vernon and Watford Hospitals National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 9th October 1995.
2
In this Order —
“the Authority” means the South West Hertfordshire Health Authority;
“the Trust” means the Mount Vernon and Watford Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 9th March 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th October 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
7th September 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment (No. 2) Regulations 1995.
2
Regulations 1 to 6 shall come into force on 21st December 1995 and regulation 7 shall come into force on 1st January 1996.
3
In these Regulations, “the principal Regulations ” means the National Health Service (General Medical Services) Regulations 1992 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation), after the definition of “restricted services principal” insert —
“suspended by direction of the Tribunal” means suspended as respects the provision of general medical services to patients by a direction of the Tribunal made pursuant to section 49A(2) or section 49B(1) of the Act or to any provisions in force in Scotland or Northern Ireland corresponding to those provisions;
.
Amendment of regulation 7 of the principal Regulations
3
In regulation 7 of the principal Regulations (removal from the medical list) omit “and” at the end of paragraph (3)(a), and at the end of paragraph (3)(b) insert —
; and
any period during which the doctor was suspended by direction of the Tribunal
.
Temporary provision of services
4
1
Regulation 25 of the principal Regulations (temporary provision of services) is amended as follows.
2
In paragraph (2) after sub-paragraph (b), insert “and where a doctor is suspended by direction of the Tribunal the FHSA shall, after consultation with the Local Medical Committee, make arrangements for the temporary provision of general medical services for the suspended doctor’s patients with one or more doctors on the medical list of the FHSA (one or more of whom may be partners of the suspended doctor) or with one or more doctors appointed for the purpose, or both.”.
3
In paragraph (4), for “paragraph (10)” substitute “paragraphs 10, (14A) and (14B)”.
4
In paragraph (14), at the beginning insert “Where paragraph (14A) does not apply,”.
5
After paragraph (14), insert —
14A
In the case of a doctor who has been suspended by direction of the Tribunal —
a
the FHSA shall temporarily assign each of the suspended doctor’s patients to the list of one of the doctors with whom arrangements for the temporary provision of general medical services are made for the duration of those arrangements; and
b
to the extent necessary to accommodate any additional patients temporarily assigned under sub-paragraph (a), the limitation contained in regulation 24 on the number of persons who may be on a doctor’s list shall not apply for the duration of those arrangements.
14B
Where arrangements such as are referred to in paragraph (14A) are in force when a suspension by direction of the Tribunal ceases to have effect —
a
in the case where the suspended doctor continues to be included in the medical list, the FHSA shall reassign to him all those patients temporarily assigned under paragraph (14A) who are still on the list of the doctor to whom they were so assigned; and
b
in the case where he ceases to be included in the medical list, the arrangements referred to in paragraph (14A) shall cease to have effect (without prejudice to any new arrangements which may be made under this regulation).
.
Payments to suspended doctors
5
After regulation 34 of the principal Regulations, insert the following new regulation —
Payments to suspended doctors
34A
1
The FHSA shall make payments to any doctor who is suspended by direction of the Tribunal in accordance with the Secretary of State’s determination in relation to such payments.
2
The Secretary of State shall make the determination in accordance with paragraph (3) after consultation with the organisations referred to in regulation 34(1), and it shall be published with the Statement referred to in regulation 34(1).
3
The determination may be amended from time to time by the Secretary of State, after consultation with the organisations referred to in regulation 34(1) and any amendments shall also be published with the statement referred to in regulation 34(1).
4
Subject to paragraphs (5) and (6), the Secretary of State’s determination shall be such as to secure that, as far as reasonably practicable, the suspended doctor receives all the payments which would have been due to him pursuant to regulation 34 had he provided such general medical services to his patients during the period of his suspension as are actually provided by the doctor who becomes responsible for them during that period by virtue of regulation 25(2)(a).
5
To the extent that such payments consist of the reimbursement of expenses for which the doctor must submit a claim, the suspended doctor shall receive reimbursement only in respect of those expenses which he continues to incur during the period of his suspension.
6
In a case to which section 49B(3) of the Act applies, the determination shall provide for a deduction to take account of any payments which the suspended doctor receives for providing general medical services as an assistant or deputy.
.
Prevention of employment of disqualified or suspended doctors as deputies or assistants
6
In Schedule 2 of the principal Regulations (terms of service for doctors) —
a
in paragraph 22 (which provides that a doctor must obtain the consent of the FHSA before entering into arrangements with a deputising service), in sub-paragraph (1)(a) , after “provided to him by the deputising service” insert —
i
will not be subject to a declaration either under section 46(2)(c) of the Act or under any corresponding provision in force in Scotland or Northern Ireland that he is not fit to be engaged in any capacity in the provision of general medical services and will not be suspended by direction of the Tribunal, other than in a case falling within section 49B(3) of the Act, and
ii
; and
b
for paragraph 23 substitute —
23
A doctor shall not engage as a deputy or employ as an assistant any doctor —
a
who, having been disqualified under section 46(2)(b) of the Act (or under any corresponding provision in force in Scotland or Northern Ireland) from inclusion in the medical list of an FHSA (or, in Scotland, of a Health Board or, in Northern Ireland, of a Health and Social Services Board), is also the subject of a declaration under section 46(2)(c) of the Act (or any corresponding provision in force in Scotland or Northern Ireland) that he is not fit to be engaged in any capacity in the provision of general medical services; or
b
who is suspended by direction of the Tribunal, other than in a case falling within section 49B(3) of the Act.
.
Amendment of Schedule 10 to the principal Regulations
7
In Schedule 10 to the principal Regulations (drugs and other substances not to be prescribed for supply under pharmaceutical services), after the entry “Temazepam Planpak” there shall be inserted the entry “Temazepam Soft Gelatin Gel-Filled Capsules”.
Stephen Dorrell
Secretary of State for Health
30th November 1995


text:
1
These Regulations may be cited as the Education (Grant-maintained and Grant-maintained Special Schools) (Finance) (Amendment) Regulations 1995 and shall come into force on 14th July 1995.
2
The Education (Grant-maintained and Grant-maintained Special Schools) (Finance) Regulations 1995 shall be amended as follows —
a
at the end of sub-paragraph (a) in regulation 11(2) (cash protection) there shall be added —
under the aforementioned regulations of the 1993 Regulations or an amount equal to 88.9% of the amount which was determined in respect of the school for the financial year beginning on 1st April 1994 under the aforementioned regulations of the 1994 Regulations, whichever is the greater
;
b
in paragraph 4 of Part V of Schedule 4 (division of the adjusted secondary schools total for the London Borough of Hillingdon) for “1995” there shall be substituted “1994”; and
c
for Schedule 5 there shall be substituted the Schedule set out in the Schedule to these Regulations.
Robin Squire
Parliamentary Under-Secretary of State,
Department for Education
15th June 1995


text:
Commencement and citation
1
This Order may be cited as the A40 Trunk Road (Ealing) Red Route (Clearway) Traffic Order 1995, and shall come into force on 15th December 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
The controls specified in paragraph (1) of this article do not apply in respect of any area of the trunk road red route clearway specified in schedule 2.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus, and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than eight passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the Ealing (Waiting and Loading Restriction) Order 1977 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Ealing (Waiting and Loading Restriction) Order 1977 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
30th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Stoke Mandeville Hospital National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 26th April 1995.
2
In this Order —
“the Authority” means the Buckinghamshire Health Authority;
“the Trust” means the Stoke Mandeville Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 28th October 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 26th April 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
29th March 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Environmental Protection (Prescribed Processes and Substances) (Amendment) Regulations 1995 and shall come into force on 8th January 1996.
2
In these Regulations —
“ the Act ” means the Environmental Protection Act 1990;
“the principal Regulations ” means the Environmental Protection (Prescribed Processes and Substances) Regulations 1991 , and references to a Section are references to a Section in Schedule 1 to those Regulations.
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with the provisions of Schedule 1 below.
Transitionals
3
Schedule 2 below (transitionals) shall have effect.
Signed by authority of the Secretary of State
Ferrers
Minister of State,
Department of the Environment
8th December 1995
Signed by the authority of the Secretary of State for Wales
Gwilym Jones
13th December 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
13th December 1995


text:
Citation and commencement
1
This Order may be cited as the Training for Work (Miscellaneous Provisions) Order 1995 and shall come into force on 15th August 1995.
Interpretation
2
In this Order, unless the context otherwise requires —
“employer” in relation to a Training for Work Participant means a person for whom and under whose supervision and control he works in connection with his participation in Training for Work;
“facilities” means facilities provided in pursuance of Training for Work;
“training allowance” means a payment made, directly or indirectly, by the Secretary of State to a Training for Work Participant in connection with his use of facilities;
and a person is, or, as the case may be, was at any material time, a “Training for Work Participant” if he is, or, as the case may be, was at that time, using facilities.
Revocation and savings
3
1
The Training for Work (Miscellaneous Provisions) Order 1993 (“the 1993 Order ”) is hereby revoked.
2
Notwithstanding the revocation of the 1993 Order, in respect of any period or periods falling before the coming into force of this Order persons to whom the 1993 Order applied, and the payments which those persons received in connection with their use of facilities, shall continue to be treated in the manner provided for by articles 2 and 3 of that Order.
Treatment of persons and payments for purposes of the Social Security Contributions and Benefits Act 1992 and the subordinate legislation specified in the Schedule
4
1
For the purpose of —
a
Part I of the Social Security Contributions and Benefits Act 1992 , and
b
the subordinate legislation specified in the Schedule to this Order,
if, for any period or periods commencing with or falling after the date on which this Order comes into force during which a person is a Training for Work Participant, that person receives or is eligible or entitled to receive a payment or payments from any person in connection with his use of facilities, his status during that period or those periods, the identity of his employer if he is to be treated as employed, and the manner in which that payment is or those payments are to be treated shall be determined in accordance with paragraphs (2) and (3) of this article.
2
Subject to paragraph 3, for any period in respect of which the Training for Work Participant receives or is eligible to receive a training allowance he is to be treated as not being employed but as participating in arrangements for training under section 2 of the 1973 Act; and accordingly any payment made to such a person during that period in connection with his use of facilities shall be treated in the same manner as a payment made in respect of such training.
3
For any period in respect of which the Training for Work Participant receives no training allowance but receives or is entitled to receive instead payment by way of remuneration from his employer in connection with his use of facilities, he is to be treated as being employed by his employer; and any such payment made to him by his employer is to be treated as earnings.
Signed by order of the Secretary of State.
James Paice
Parliamentary Under Secretary of State,
Department for Education and Employment
12th July 1995


text:
Citation, commencment and interpretation
1
1
These Regulations may be cited as the Local Government (Publication of Staffing Information) (England) Regulations 1995 and shall come into force on 1st September 1995.
2
In these Regulations “section 2” means section 2 of the Local Government, Planning and Land Act 1980.
Requirement to publish code
2
1
Authorities in England to whom section 2 applies are required to publish the information specified in the Local Government (Publication of Staffing Information) (England) Code 1995 in the manner and form and on the occasions specified in that Code.
2
In this regulation “the Local Government (Publication of Staffing Information) (England) Code 1995” means the code set out in the Annex to the Department of the Environment Circular 14/95, dated 28th July 1995, issued by the Secretary of State for the Environment under section 2 and published by Her Majesty’s Stationery Office.
Authorised by the Secretary of State to sign in that behalf
David Curry
Minister of State
Department of the Environment
28th July 1995


text:
Citation and commencement
1
This Order may be cited as the Local Government (Assistants for Political Groups) (Remuneration) Order 1995 and shall come into force on 19th October 1995.
Specified maximum amount
2
The amount specified for the purposes of section 9(3) of the Local Government and Housing Act 1989 (assistants for political groups) is £25,044.
Revocation
3
The Local Government (Assistants for Political Groups) (Remuneration) Order 1991 is hereby revoked.
Authorised by the Secretary of Stateto sign in that behalf
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
4th September 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
7th September 1995
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
18th September 1995


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Test Valley) Designation (Amendment) Order 1995 and shall come into force on 28th February 1995.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Test Valley) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Rates of payment under agreement
4
In article 6 of the principal Order —
1
in paragraph (1), for the amount “£10”, there shall be substituted the amount “£20”;
2
for paragraph (3), there shall be substituted the following paragraph:
3
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the operations included in the plan, subject to a maximum of £15,000 for each agreement.
.
Amendment to Schedules
5
In paragraph 4 of Schedule 3 to the principal Order —
a
the word “traditional”, where it first appears, shall be deleted;
b
the words “methods and” shall be deleted.
Saving
6
Article 4(1) of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1995.
Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
26th January 1995
We consent
Timothy Kirkhope
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd January 1995


text:
Citation and commencement
1
This Order may be cited as the Great Central (Nottingham) Railway Order 1995 and shall come into force on 29th June 1995.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the 1976 Company ” means Great Central Railway (1976) plc having its registered office at Loughborough Central Station, Loughborough, Leicestershire;
“the Act of 1845 ” means the Railways Clauses Consolidation Act 1845 ;
“the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 1992 ;
“authorised works” means the railways and any other works authorised by this Order;
“ the Board ” means the British Railways Board;
“highway authority” has the same meaning as in the Highways Act 1980 ;
“the lease” means any lease or underlease of the railways granted by the Nottingham Company to the 1976 Company pursuant to article 9 of this Order, any extension of the same or any new lease granted under any statutory powers or provisions;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“the Nottingham Company” means Great Central Railway (Nottingham) Limited having its registered office at Nottingham Heritage Centre, Mere Way, Ruddington, Nottingham;
“Railway No.1” and “Railway No.2” mean respectively the railways so numbered and described in Schedule 1 to this Order and (in the case of Railway No.1) authorised to be maintained pursuant to article 4 of this Order and (in the case of Railway No.2) authorised to be constructed and maintained pursuant to article 5 of this Order together with all lands and works relating thereto and, where in the case of Railway No.2 any part of the said railway and works remains uncompleted, the expression includes the site of that part;
“the railways” means Railway No.1 or Railway No.2, or both of them, as the case may require;
“the relevant date” means the date of the coming into force of this Order or, if later, the date upon which Railway No.1 is transferred to and vested in the Nottingham Company by agreement;
“the sections” means the sections described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order, and marked as “the sections” for the purposes of this Order;
“the works plan” means the plan described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order, and marked as “the works plan” for the purposes of this Order.
2
a
Subject to sub-paragraph (b) of this paragraph, in this Order “the undertaker” means the Nottingham Company.
b
During the currency of the term created by the lease, the expression “the undertaker”, in relation to the railways or such part thereof as is leased to the 1976 Company, shall mean the 1976 Company.
3
In this Order, all distances, lengths, measurements and directions stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement and direction, and distances between points on a railway shall be taken to be measured along the railway.
Incorporation and application of enactments
3
1
The following provisions of the Act of 1845 shall be incorporated in this Order: —
section 24 (obstructing construction of railway);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 75 (omission to fasten gates);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways) as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923 ;
section 87 (company empowered to contract with other companies);
sections 103 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
sections 115 to 119 (engines and carriages not to be used on the railway unless approved; unfit engines to be removed);
section 145 (recovery of penalties); and
section 154 (transient offenders).
2
Section 5 (trains not to be shunted etc. over level crossings) of the Railways Clauses Act 1863 shall be incorporated in this Order.
3
In those provisions, as incorporated in this Order —
“the company” means the undertaker;
“goods” includes any thing conveyed on the railways;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means Railway No.2;
“the special Act ” means this Order,
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on the railways.
4
In its application to the railways, section 22 of the Regulation of Railways Act1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
Power to maintain Railway No. 1
4
1
The undertaker may maintain Railway No.1.
2
Except as may be otherwise provided in this Order, as from the relevant date Railway No.1 or any part thereof shall continue to be subject to all statutory and other provisions applicable thereto at that date (insofar as the same are still subsisting and capable of taking effect) and the undertaker shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the Railway No.1 (insofar as the same are still subsisting and capable of taking effect) to the intent that the Board shall be released from all such obligations.
Power to construct and maintain Railway No.2
5
1
The undertaker may construct and maintain Railway No.2.
2
Subject to article 7 below, Railway No.2 shall be constructed in the lines or situations shown on the works plan and in accordance with the levels shown on the sections.
3
Railway No.2 shall be constructed and operated on a gauge of 1.435 metres (4 feet 8½ inches).
Further powers as to works
6
1
Subject to paragraph (3) below, the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of Railway No.2, namely —
a
works to alter the position of apparatus, including mains, sewers, drains and cables,
b
works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses,
c
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of Railway No.2, and
d
works for the benefit or protection of premises affected by Railway No.2.
2
Subject to paragraph (3) below, the undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the maintenance of Railway No.l or the construction and maintenance of Railway No.2.
3
Paragraphs (1) and (2) above shall not authorise the carrying out or maintenance of works outside the limits of deviation or works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.
Power to deviate
7
In constructing or maintaining Railway No.2, the undertaker may —
a
deviate laterally from the lines or situations shown on the works plan within the limits of deviation for that work shown on that plan;
b
deviate vertically from the levels shown on the sections to any extent not exceeding 2 metres upwards or downwards.
Asher Lane level crossing
8
1
The undertaker may in the construction of Railway No.2 make a level crossing (“the level crossing”) with a double line of rails across the road known as Asher Lane in the parish of Ruddington.
2
The undertaker shall in relation to the level crossing —
a
provide, maintain and operate the traffic signs and other devices and appliances specified in Part I of Schedule 2 to this Order; and
b
observe the conditions and requirements specified in Part II of Schedule 2 to this Order.
3
a
The undertaker may provide, maintain and operate at or near the level crossing such other protective equipment as the Secretary of State may in writing approve.
b
In this paragraph “protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Road Traffic Regulation Act 1984 ) manual, mechanical, automatic, electrical or telephonic equipment or other devices.
4
The highway authority and the undertaker may enter into agreements with respect to the construction and maintenance of the level crossing; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.
5
Notwithstanding anything in any enactment the undertaker shall not be required to erect or maintain a station or lodge at the level crossing or to provide keepers.
Leasing of railways
9
The Nottingham Company may grant a lease to the 1976 Company on such terms and conditions as it thinks fit of the whole or any part of the railways or the right to operate the railways under this Order.
Operation of railways
10
1
The undertaker may operate and use the railways and the other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.
2
Subject as below, the motive power to be used on the railways shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may in writing approve.
3
Nothing in this Order shall authorise the use of electrical power as motive power on the railways unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.
4
If electrical power is used as motive power on the railways, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 ) or with telecommunication by means of such apparatus.
Maintenance of approved works, etc.
11
1
Where pursuant to regulations made under section 41 of the Act (approval of works, plant and equipment) approval has been obtained from the Secretary of State with respect to any works, plant or equipment (including vehicles) forming part of the railways, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the railways.
2
If without reasonable cause the provisions of paragraph (1) above are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
Certification of plans etc.
12
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the sections and works plan to the Secretary of State for certification that they are true copies of the sections and the works plan referred to in this Order, and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
For protection of National Rivers Authority
13
1
For the protection of the National Rivers Authority (in this article referred to as “the Authority”) the provisions of this article shall, unless otherwise agreed in writing between the undertaker and the Authority apply and have effect.
2
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991 or any byelaws made under that Act or the Land Drainage Act 1991 in relation to anything done under or in pursuance of this Order.
3
a
Before carrying out any works involving the erection or raising of any obstruction to the flow of any watercourse which is not part of a main river within the meaning of section 113 of the Water Resources Act 1991 or the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any such watercourse in, under or through any land held for the purposes of or in connection with the railways the undertaker shall furnish to the Authority proper and sufficient plans thereof for the approval of the Authority and shall not carry out the said works until the said plans have been approved in writing by the Authority.
b
Approval of plans furnished under this paragraph shall not be unreasonably withheld and, if within 2 months after such plans have been supplied to the Authority, the Authority shall not have intimated its disapproval thereof and the grounds of its disapproval it shall be deemed to have approved the plans as supplied.
c
For the purposes of this paragraph, “plans” includes sections, drawings, specifications, calculations and descriptions.
4
a
Any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for the purposes of or in connection with the railways, whether constructed under the powers of this Order or in existence prior to the making hereof, shall be maintained by the undertaker in good repair and condition and free from obstruction.
b
Nothing in this paragraph shall have the effect of requiring the undertaker to carry out works of maintenance in respect of any culvert or structure which the Authority or any other person is liable to maintain.
5
If any obstruction is erected or raised or any culvert is constructed altered or replaced in contravention of this article the undertaker shall upon receiving notice from the Authority take such action as may be necessary to remedy the effect of the contravention to the Authority’s satisfaction and in default the Authority may itself take such action as may be necessary and recover the expenses reasonably incurred by it in doing so from the undertaker as a debt due from it to the Authority.
6
Any dispute or difference which may arise between the Authority and the undertaker under this article shall be determined by arbitration.
7
The provisions of the Act of 1845 applied by this Order shall be subject to the provisions of this article.
For the protection of sewerage and water undertakers
14
1
For the protection of sewerage and water undertakers (which for the purposes of this article are each a “utility”) the following provisions of this article shall, unless otherwise agreed in writing between the undertaker and the utility concerned, apply and have effect.
2
In this article, “relevant pipe”, in relation to any of the utilities, has the meaning given in section 179(7) of the Water Industry Act 1991 but does not include any apparatus in respect of which the relations between a utility and the undertaker are regulated by the provisions of Part III of the New Roads and Street Works Act 1991 .
3
Nothing in this Order or in section 18 of the Act of 1845 in its application to the railways shall authorise the undertaker to raise, sink or otherwise alter the position of, or in any way interfere with, any relevant pipe without the consent in writing of the utility concerned, such consent not to be unreasonably withheld.
4
a
Where any relevant pipe is situated in or under any land owned or held for the purpose of the railways the undertaker shall at its own expense maintain all culverts over such relevant pipe which are in existence at the coming into force of this Order so as to leave the relevant pipe accessible for the purpose of repairs.
b
Nothing in this paragraph shall have the effect of requiring the undertaker to carry out works of maintenance in respect of any culvert which a utility or any other person is liable to maintain.
5
The undertaker shall afford reasonable facilities to a utility for the execution and doing of all such works and things as may be reasonably necessary to enable it to inspect, repair, maintain, renew, replace, remove, alter or use any relevant pipe.
6
a
The undertaker shall compensate a utility —
i
for any damage done or disturbance caused to any relevant pipe; and
ii
for any other expenses, loss, damages, penalty or costs incurred by the utility, by reason or in consequence of the execution, maintenance, user or failure of any of the works authorised by this Order or otherwise by reason or in consequence of the exercise by the undertaker of the powers of this Order.
b
Nothing in this paragraph shall entitle a utility to any payment in respect of damage attributable to the neglect or default of the utility, its servants or agents.
7
Nothing in this Order shall prejudice or affect the rights of a utility in respect of any relevant pipe or in the provisions of any agreement regulating the relationship between the undertaker and a utility with regard to any relevant pipe and whether made before or after this Order comes into force.
8
The provisions of the Act of 1845 applied by this Order shall be subject to the provisions of this article.
9
Any difference arising between the undertaker and a utility under this article shall be determined by arbitration.
Arbitration
15
Where under any provision contained or incorporated in this Order any difference is to be determined by arbitration, then such difference shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President for the time being of the Institution of Civil Engineers.
Signed by authority of the Secretary of State for Transport
R. A. Allan
An Under Secretary,
Department of Transport
22nd June 1995


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 3) Order 1995.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1995 is revoked.
2
For Schedule 2 to the Child Abduction and Custody (Parties to Conventions) Order 1986 there shall be substituted the following —
SCHEDULE 2
EUROPEAN CONVENTION ON RECOGNITION AND ENFORCEMENT OF DECISIONS CONCERNING CUSTODY OF CHILDREN AND ON THE RESTORATION OF CUSTODY OF CHILDREN, LUXEMBOURG, 20TH MAY 1980
Article 3
Contracting States to the Convention Territories specified in Declarations under Article 24 or 25 of the Convention Date of Coming into Force of Convention as between the United Kingdom and the State or Territory
Austria — 1st August 1986 Belgium — 1st August 1986 Cyprus — 1st October 1986 Denmark, — 1st August 1991 Finland — 1st August 1994 France — 1st August 1986 Germany — 1st February 1991 Greece — 1st July 1993 The Republic of Ireland — 1st October 1991 Italy — 1st June 1995 Luxembourg — 1st August 1986 Netherlands — 1st September 1990 Norway — 1st May 1989 Portugal — 1st August 1986 Spain — 1st August 1986 Sweden — 1st July 1989 Switzerland — 1st August 1986
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and Commencement
1
This Order may be cited as the Curfew Order (Responsible Officer) (Berkshire, Greater Manchester and Norfolk) Order 1995 and shall come into force on 6th November 1995.
Interpretation
2
In this Order “place of curfew” means a place specified by a curfew order as a place at which a person is required by the order to remain for the curfew periods.
Responsible Officer in Berkshire or Greater Manchester
3
Where a curfew order specifies a place in Berkshire or Greater Manchester as a place of curfew the responsible officer shall be an employee of Securicor Custodial Services Limited of Sutton Park, 15 Carshalton Road, Sutton, Surrey SM1 4LD.
Responsible Officer in Norfolk
4
Where a curfew order specifies a place in Norfolk as a place of curfew the responsible officer shall be an employee of Geografix Limited, Hurricane Way, Norwich NR6 6EW.
Revocation
5
The Curfew Order (Responsible Officer) (City of Manchester, Reading and Norfolk) Order 1995 is hereby revoked.
Blatch
Minister of State
Home Office
1st November 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Act 1988 (Competition) (Legal and Construction etc. Services) (Police Authorities) Regulations 1995 and shall come into force on 26th January 1996.
2
In these Regulations,
“police authority”means —
a police authority constituted under section 3 of the Police Act 1964 , and
the Common Council of the City of London in its capacity as a police authority;
“ the Act ”means the Local Government Act 1988.
Application of section 6
2
1
Section 6 of the Act shall apply, in relation to a police authority, to the specified proportion of work of any description falling within each of —
a
the defined activity mentioned in section 2(2)(j) of the Act (“legal services”) and
b
the defined activity mentioned in section 2(2)(k) of the Act (“construction and property services”),
other than work carried out, under a works contract in relation to which that authority were a bidding authority to which section 4 of the Act (works contracts) applies, if it is proposed to be carried out after the date specified in relation to each police authority —
i
in Schedule 1 in relation to legal services and
ii
in Schedule 2 in relation to construction and property services.
2
In this regulation, “the specified proportion”in relation to each of the defined activities mentioned in paragraph (1) means an amount equal to the product of the formula specified in relation to that activity in Schedule 3.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
11th December 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
14th December 1995


text:
Title and commencement
1
These Regulations may be cited as the Seeds (National Lists of Varieties) (Fees) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.
Amendment of the Seeds (National Lists of Varieties) (Fees) Regulations 1994
2
1
The Seeds (National Lists of Varieties) (Fees) Regulations 1994 shall be amended in accordance with the provisions of this regulation.
2
For regulation 3(1)(b) (concerning fees payable for tests for distinctness, uniformity and stability) there shall be substituted the following sub-paragraph —
b
a fee payable in respect of tests for one year for distinctness, uniformity and stability of —
i
a plant variety which is the subject of an application for entry in a National List, and
ii
any of the hereditary sources of a variety which is the subject of such an application that the Minister may require to be tested,
being the new fee set out in the second column of Schedule 2 opposite the reference in the first column of the said Schedule 2 to the plant variety of the kind to which the tests relate, such fee being payable within 14 days of a demand made by the Minister;
.
3
For regulation 3(2) (concerning exemption from fees payable in respect of tests for distinctness, uniformity and stability) there shall be substituted the following paragraphs —
2
Subject to paragraph (2A) below, the fees prescribed in Schedule 2 shall not be payable by an applicant who has paid the fees prescribed by regulations made under the Act in respect of tests carried out on his behalf for the purposes of a grant of plant breeders' rights in respect of the same variety.
2A
Paragraph (2) above shall not apply to the fees prescribed in Schedule 2 in respect of any of the hereditary sources of a variety which is the subject of an application for entry in a National List.
.
4
In regulation 3(3) (concerning fees payable for trials for value for cultivation and use) after the words “31st May 1994” there shall be added the words “or on or after 1st April 1995”.
5
For Schedule 3 there shall be substituted the provisions set out in the Schedule to these Regulations.
Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
20th February 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
17th February 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
20th February 1995
Denton of Wakefield
Parliamentary Under Secretary of State, Northern Ireland Office
2nd March 1995