text:
Commencement and citation
1
This Order may be cited as the A3 Trunk Road (Merton) Red Route Experimental Traffic Order 1995, and shall come into force on 21st March 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” 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 paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) 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) and (2) 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 8 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) and (2) 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) and (2) 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) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the GLC 1977 No 107 The Merton (Waiting and Loading) Order 1977 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the GLC 1977 No 107 The Merton (Waiting and Loading) 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
14th February 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Town and Country Planning (General Permitted Development) Order 1995 and shall come into force on 3rd June 1995.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Town and Country Planning Act 1990;
“the 1960 Act ” means the Caravan Sites and Control of Development Act 1960 ;
“aerodrome” means an aerodrome as defined in article 106 of the Air Navigation Order 1989 (interpretation) which is —
licensed under that Order,
a Government aerodrome,
one at which the manufacture, repair or maintenance of aircraft is carried out by a person carrying on business as a manufacturer or repairer of aircraft,
one used by aircraft engaged in the public transport of passengers or cargo or in aerial work, or
one identified to the Civil Aviation Authority before 1st March 1986 for inclusion in the UK Aerodrome Index,
and, for the purposes of this definition, the terms “aerial work”, “Government aerodrome” and “public transport” have the meanings given in article 106;
“aqueduct” does not include an underground conduit;
“area of outstanding natural beauty” means an area designated as such by an order made by the Countryside Commission, as respects England, or the Countryside Council for Wales, as respects Wales, under section 87 of the National Parks and Access to the Countryside Act 1949 (designation of areas of outstanding natural beauty) as confirmed by the Secretary of State;
“building” —
includes any structure or erection and, except in Parts 24, 25 and 33, and Class A of Part 31, of Schedule 2, includes any part of a building, as defined in this article; and
does not include plant or machinery and, in Schedule 2, except in Class B of Part 31 and Part 33, does not include any gate, fence, wall or other means of enclosure;
“caravan” has the same meaning as for the purposes of Part I of the 1960 Act (caravan sites);
“caravan site” means land on which a caravan is stationed for the purpose of human habitation and land which is used in conjunction with land on which a caravan is so stationed;
“classified road” means a highway or proposed highway which —
is a classified road or a principal road by virtue of section 12(1) of the Highways Act 1980 (general provision as to principal and classified roads); or
is classified by the Secretary of State for the purposes of any enactment by virtue of section 12(3) of that Act;
“cubic content” means the cubic content of a structure or building measured externally;
“dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;
“erection”, in relation to buildings as defined in this article, includes extension, alteration, or re-erection;
“existing”, in relation to any building or any plant or machinery or any use, means (except in the definition of “original”) existing immediately before the carrying out, in relation to that building, plant, machinery or use, of development described in this Order;
“flat” means a separate and self-contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;
“floor space” means the total floor space in a building or buildings;
“industrial process” means a process for or incidental to any of the following purposes —
the making of any article or part of any article (including a ship or vessel, or a film, video or sound recording);
the altering, repairing, maintaining, ornamenting, finishing, cleaning, washing, packing, canning, adapting for sale, breaking up or demolition of any article; or
the getting, dressing or treatment of minerals in the course of any trade or business other than agriculture, and other than a process carried out on land used as a mine or adjacent to and occupied together with a mine;
“land drainage” has the same meaning as in section 116 of the Land Drainage Act 1976 (interpretation);
“listed building” has the same meaning as in section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (listing of buildings of special architectural or historic interest);
“by local advertisement” means by publication of the notice in at least one newspaper circulating in the locality in which the area or, as the case may be, the whole or relevant part of the conservation area to which the direction relates is situated;
“machinery” includes any structure or erection in the nature of machinery;
“microwave” means that part of the radio spectrum above 1,000 MHz ;
“microwave antenna” means a satellite antenna or a terrestrial microwave antenna;
“mine” means any site on which mining operations are carried out;
“mining operations” means the winning and working of minerals in, on or under land, whether by surface or underground working;
“notifiable pipe-line” means a pipe-line, as defined in section 65 of the Pipe-lines Act 1962 (meaning of pipe-line), which contains or is intended to contain a hazardous substance, as defined in regulation 2(1) of the Notification Regulations (interpretation), except —
a pipe-line the construction of which has been authorised under section 1 of the Pipe-lines Act 1962 (cross-country pipe-lines not to be constructed without the Minister’s authority); or
a pipe-line which contains or is intended to contain no hazardous substance other than —
a flammable gas (as specified in item 1 of Part II of Schedule 1 to the Notification Regulations (classes of hazardous substances not specifically named in Part I)) at a pressure of less than 8 bars absolute; or
a liquid or mixture of liquids, as specified in item 4 of Part II of that Schedule;
“Notification Regulations” means the Notification of Installations Handling Hazardous Substances Regulations 1982 ;
“original” means, in relation to a building existing on 1st July 1948, as existing on that date and, in relation to a building built on or after 1st July 1948, as so built;
“plant” includes any structure or erection in the nature of plant;
“private way” means a highway not maintainable at the public expense and any other way other than a highway;
“proposed highway” has the same meaning as in section 329 of the Highways Act 1980 (further provision as to interpretation);
“public service vehicle” means a public service vehicle within the meaning of section 1 of the Public Passenger Vehicles Act 1981 (definition of public service vehicles) or a tramcar or trolley vehicle within the meaning of section 192(1) of the Road Traffic Act 1988 (general interpretation);
“satellite antenna” means apparatus designed for transmitting microwave radio energy to satellites or receiving it from them, and includes any mountings or brackets attached to such apparatus;
“scheduled monument” has the same meaning as in section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments);
“by site display” means by the posting of the notice by firm affixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;
“site of archaeological interest” means land which is included in the schedule of monuments compiled by the Secretary of State under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 (schedule of monuments), or is within an area of land which is designated as an area of archaeological importance under section 33 of that Act (designation of areas of archaeological importance), or which is within a site registered in any record adopted by resolution by a county council and known as the County Sites and Monuments Record;
“site of special scientific interest” means land to which section 28(1) of the Wildlife and Countryside Act 1981 (areas of special scientific interest) applies;
“statutory undertaker” includes, in addition to any person mentioned in section 262(1) of the Act (meaning of statutory undertakers), the Post Office, the Civil Aviation Authority, the National Rivers Authority, any water undertaker, any public gas supplier, and any licence holder within the meaning of section 64(1) of the Electricity Act 1989 (interpretation etc. of Part 1);
“terrestrial microwave antenna” means apparatus designed for transmitting or receiving terrestrial microwave radio energy between two fixed points;
“trunk road” means a highway or proposed highway which is a trunk road by virtue of section 10(1) or 19 of the Highways Act 1980 (general provisions as to trunk roads, and certain special roads and other highways to become trunk roads) or any other enactment or any instrument made under any enactment;
“the Use Classes Order ” means the Town and Country Planning (Use Classes) Order 1987 .
3
Unless the context otherwise requires, any reference in this Order to the height of a building or of plant or machinery shall be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph “ground level” means the level of the surface of the ground immediately adjacent to the building or plant or machinery in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it.
4
The land referred to elsewhere in this Order as article 1(4) land is the land described in Part 1 of Schedule 1 to this Order (land in listed counties).
5
The land referred to elsewhere in this Order as article 1(5) land is the land described in Part 2 of Schedule 1 to this Order (National Parks, areas of outstanding natural beauty and conservation areas etc.).
6
The land referred to elsewhere in this Order as article 1(6) land is the land described in Part 3 of Schedule 1 to this Order (National Parks and adjoining land and the Broads).
Application
2
1
This Order applies to all land in England and Wales, but where land is the subject of a special development order, whether made before or after the commencement of this Order, this Order shall apply to that land only to such extent and subject to such modifications as may be specified in the special development order.
2
Nothing in this Order shall apply to any permission which is deemed to be granted under section 222 of the Act (planning permission not needed for advertisements complying with regulations).
Permitted development
3
1
Subject to the provisions of this Order and regulations 60 to 63 of the Conservation (Natural Habitats, & c.) Regulations 1994 (general development orders), planning permission is hereby granted for the classes of development described as permitted development in Schedule 2.
2
Any permission granted by paragraph (1) is subject to any relevant exception, limitation or condition specified in Schedule 2.
3
References in the following provisions of this Order to permission granted by Schedule 2 or by any Part, Class or paragraph of that Schedule are references to the permission granted by this article in relation to development described in that Schedule or that provision of that Schedule.
4
Nothing in this Order permits development contrary to any condition imposed by any planning permission granted or deemed to be granted under Part III of the Act otherwise than by this Order.
5
The permission granted by Schedule 2 shall not apply if —
a
in the case of permission granted in connection with an existing building, the building operations involved in the construction of that building are unlawful;
b
in the case of permission granted in connection with an existing use, that use is unlawful.
6
The permission granted by Schedule 2 shall not, except in relation to development permitted by Parts 9, 11, 13 or 30, authorise any development which requires or involves the formation, laying out or material widening of a means of access to an existing highway which is a trunk road or classified road, or creates an obstruction to the view of persons using any highway used by vehicular traffic, so as to be likely to cause danger to such persons.
7
Any development falling within Part 11 of Schedule 2 authorised by an Act or order subject to the grant of any consent or approval shall not be treated for the purposes of this Order as authorised unless and until that consent or approval is obtained, except where the Act was passed or the order made after 1st July 1948 and it contains provision to the contrary.
8
Schedule 2 does not grant permission for the laying or construction of a notifiable pipe-line, except in the case of the laying or construction of a notifiable pipe-line by a public gas supplier in accordance with Class F of Part 17 of that Schedule.
9
Except as provided in Part 31, Schedule 2 does not permit any development which requires or involves the demolition of a building, but in this paragraph “building” does not include part of a building.
10
Subject to paragraph (12), development is not permitted by this Order if an application for planning permission for that development would be a Schedule 1 application or a Schedule 2 application within the meaning of the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (“the Environmental Assessment Regulations”) (descriptions of development).
11
Where —
a
the local planning authority have given an opinion under regulation 3 of the Town and Country Planning (Environmental Assessment and Permitted Development) Regulations 1995 (“the Permitted Development Regulations”) (opinion as to need for environmental statement) that an application for particular development would be a Schedule 1 application or a Schedule 2 application within the meaning of the Environmental Assessment Regulations and the Secretary of State has issued no direction to the contrary under regulation 4 of the Permitted Development Regulations (directions by the Secretary of State); or
b
the Secretary of State has given an opinion under regulation 5 of the Permitted Development Regulations (proposed development in which a relevant planning authority has an interest) that an application for particular development would be a Schedule 1 application or a Schedule 2 application within the meaning of the Environmental Assessment Regulations,
the development to which that opinion relates shall be treated, for the purposes of paragraph (10), as development which is not permitted by this Order.
12
Paragraph (10) does not apply to —
a
development which comprises or forms part of a project serving national defence purposes;
b
development which consists of the carrying out by a drainage body within the meaning of the Land Drainage Act 1991 of improvement works within the meaning of the Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988 ;
c
development which consists of the installation of an electric line (within the meaning of Part I of the Electricity Act 1989 (electricity supply)) which replaces an existing line (as defined in regulation 2 of the Overhead Lines (Exemption) Regulations 1990 (interpretation)) and in respect of which consent under section 37 of that Act (consent required for overhead lines) is not required by virtue of regulation 3(1)(e) of those Regulations (exemptions from section 37(1) of the Electricity Act 1989): provided that, in the circumstances mentioned in paragraph (1)(a) or (b) of regulation 5 of those Regulations (further restrictions on the exemptions contained in regulation 3), the determination for the purposes of that regulation that there is not likely to be a significant adverse effect on the environment shall have been made otherwise than as mentioned in paragraph (2) of that regulation;
d
development for which permission is granted by Part 7, Class D of Part 8, Part 11, Class B of Part 12, Class F(a) of Part 17, Class A or Class B of Part 20 or Class B of Part 21 of Schedule 2;
e
development for which permission is granted by Class C or Class D of Part 20, Class A of Part 21 or Class B of Part 22 of Schedule 2 where the land in, on or under which the development is to be carried out is —
i
in the case of Class C or Class D of Part 20, on the same authorised site,
ii
in the case of Class A of Part 21, on the same premises or, as the case may be, the same ancillary mining land,
iii
in the case of Class B of Part 22, on the same land or, as the case may be, on land adjoining that land,
as that in, on or under which development of any description permitted by the same Class has been carried out before 3rd June 1995;
f
the completion of any development begun before 3rd June 1995.
Directions restricting permitted development
4
1
If the Secretary of State or the appropriate local planning authority is satisfied that it is expedient that development described in any Part, Class or paragraph in Schedule 2, other than Class B of Part 22 or Class B of Part 23, should not be carried out unless permission is granted for it on an application, he or they may give a direction under this paragraph that the permission granted by article 3 shall not apply to —
a
all or any development of the Part, Class or paragraph in question in an area specified in the direction; or
b
any particular development, falling within that Part, Class or paragraph, which is specified in the direction,
and the direction shall specify that it is made under this paragraph.
2
If the appropriate local planning authority is satisfied that it is expedient that any particular development described in paragraph (5) below should not be carried out within the whole or any part of a conservation area unless permission is granted for it on an application, they may give a direction under this paragraph that the permission granted by article 3 shall not apply to all or any particular development of the Class in question within the whole or any part of the conservation area, and the direction shall specify the development and conservation area or part of that area to which it relates and that it is made under this paragraph.
3
A direction under paragraph (1) or (2) shall not affect the carrying out of —
a
development permitted by Part 11 authorised by an Act passed after 1st July 1948 or by an order requiring the approval of both Houses of Parliament approved after that date;
b
any development in an emergency; or
c
any development mentioned in Part 24, unless the direction specifically so provides.
4
A direction given or having effect as if given under this article shall not, unless the direction so provides, affect the carrying out by a statutory undertaker of the following descriptions of development —
a
the maintenance of bridges, buildings and railway stations;
b
the alteration and maintenance of railway track, and the provision and maintenance of track equipment, including signal boxes, signalling apparatus and other appliances and works required in connection with the movement of traffic by rail;
c
the maintenance of docks, harbours, quays, wharves, canals and towing paths;
d
the provision and maintenance of mechanical apparatus or appliances (including signalling equipment) required for the purposes of shipping or in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, quay, harbour, bank, wharf or basin;
e
any development required in connection with the improvement, maintenance or repair of watercourses or drainage works;
f
the maintenance of buildings, runways, taxiways or aprons at an aerodrome;
g
the provision, alteration and maintenance of equipment, apparatus and works at an aerodrome, required in connection with the movement of traffic by air (other than buildings, the construction, erection, reconstruction or alteration of which is permitted by Class A of Part 18 of Schedule 2).
5
The development referred to in paragraph (2) is development described in —
a
Class A of Part 1 of Schedule 2, consisting of the enlargement, improvement or other alteration of a dwellinghouse, where any part of the enlargement, improvement or alteration would front a relevant location;
b
Class C of Part 1 of that Schedule, where the alteration would be to a roof slope which fronts a relevant location;
c
Class D of Part 1 of that Schedule, where the external door in question fronts a relevant location;
d
Class E of Part 1 of that Schedule, where the building or enclosure, swimming or other pool to be provided would front a relevant location, or where the part of the building or enclosure maintained, improved or altered would front a relevant location;
e
Class F of Part 1 of that Schedule, where the hard surface would front a relevant location;
f
Class H of Part 1 of that Schedule, where the part of the building or other structure on which the satellite antenna is to be installed, altered or replaced fronts a relevant location;
g
Part 1 of that Schedule, consisting of the erection, alteration or removal of a chimney on a dwellinghouse or on a building within the curtilage of a dwellinghouse;
h
Class A of Part 2 of that Schedule, where the gate, fence, wall or other means of enclosure would be within the curtilage of a dwellinghouse and would front a relevant location;
i
Class C of Part 2 of that Schedule, consisting of the painting of the exterior of any part, which fronts a relevant location, of —
i
a dwellinghouse; or
ii
any building or enclosure within the curtilage of a dwellinghouse;
j
Class B of Part 31 of that Schedule, where the gate, fence, wall or other means of enclosure is within the curtilage of a dwellinghouse and fronts a relevant location.
6
In this article and in articles 5 and 6 —
“appropriate local planning authority” means —
in relation to a conservation area in a non-metropolitan county, the county planning authority or the district planning authority; and
in relation to any other area, the local planning authority whose function it would be to determine an application for planning permission for the development to which the direction relates or is proposed to relate;
“relevant location” means a highway, waterway or open space.
Approval of Secretary of State for article 4(1) directions
5
1
Except in the cases specified in paragraphs (3) and (4), a direction by a local planning authority under article 4(1) requires the approval of the Secretary of State, who may approve the direction with or without modifications.
2
On making a direction under article 4(1) or submitting such a direction to the Secretary of State for approval —
a
a county planning authority shall give notice of it to any district planning authority in whose district the area to which the direction relates is situated; and
b
except in metropolitan districts, a district planning authority shall give notice of it to the county planning authority, if any.
3
Unless it affects the carrying out of development by a statutory undertaker as provided by article 4(4), the approval of the Secretary of State is not required for a direction which relates to —
a
a listed building;
b
a building which is notified to the authority by the Secretary of State as a building of architectural or historic interest; or
c
development within the curtilage of a listed building,
and does not relate to land of any other description.
4
Subject to paragraph (6), the approval of the Secretary of State is not required for a direction made under article 4(1) relating only to development permitted by any of Parts 1 to 4 or Part 31 of Schedule 2, if the relevant authority consider the development would be prejudicial to the proper planning of their area or constitute a threat to the amenities of their area.
5
A direction not requiring the Secretary of State’s approval by virtue of paragraph (4) shall, unless disallowed or approved by the Secretary of State, expire at the end of six months from the date on which it was made.
6
Paragraph (4) does not apply to a second or subsequent direction relating to the same development or to development of the same Class or any of the same Classes, in the same area or any part of that area as that to which the first direction relates or related.
7
The local planning authority shall send a copy of any direction made by them to which paragraph (4) applies to the Secretary of State not later than the date on which notice of that direction is given in accordance with paragraph (10) or (12).
8
The Secretary of State may give notice to the local planning authority that he has disallowed any such direction and the direction shall then cease to have effect.
9
The local planning authority shall as soon as reasonably practicable give notice that a direction has been disallowed in the same manner as notice of the direction was given.
10
Subject to paragraph (12), notice of any direction made under article 4(1) shall be served by the appropriate local planning authority on the owner and occupier of every part of the land within the area to which the direction relates as soon as practicable after the direction has been made or, where the direction is required to be approved by the Secretary of State, as soon as practicable after it has been so approved; and a direction shall come into force in respect of any part of the land within the area to which the direction relates on the date on which notice is so served on the occupier of that part, or, if there is no occupier, on the owner.
11
If a direction to which paragraph (4) applies is approved by the Secretary of State within the period of six months referred to in paragraph (5), then (unless paragraph (12) applies) the authority who made the direction shall, as soon as practicable, serve notice of that approval on the owner and occupier of every part of the land within the area to which the direction relates; and where the Secretary of State has approved the direction with modifications the notice shall indicate the effect of the modifications.
12
Where in the case of a direction under article 4(1)(a) an authority consider that individual service in accordance with paragraph (10) or (11) is impracticable for the reasons set out in paragraph (14) they shall publish a notice of the direction, or of the approval, by local advertisement.
13
A notice published pursuant to paragraph (12) shall contain a statement of the effect of the direction and of any modification made to it by the Secretary of State, and shall name a place or places where a copy of the direction, and of a map defining the area to which it relates, may be seen at all reasonable hours.
14
The reasons referred to in paragraph (12) are that the number of owners and occupiers within the area to which the direction relates makes individual service impracticable, or that it is difficult to identify or locate one or more of them.
15
Where notice of a direction has been published in accordance with paragraph (12), the direction shall come into force on the date on which the notice is first published.
16
A local planning authority may, by making a subsequent direction and without the approval of the Secretary of State, cancel any direction made by them under article 4(1), and the Secretary of State may make a direction cancelling any direction under article 4(1) made by the local planning authority.
17
Paragraphs (10) and (12) to (15) shall apply to any direction made under paragraph (16).
Notice and confirmation of article 4(2) directions
6
1
Notice of any direction made under article 4(2) shall, as soon as practicable after the direction has been made, be given by the appropriate local planning authority —
a
by local advertisement; and
b
subject to paragraphs (4) and (5), by serving the notice on the owner and occupier of every dwellinghouse within the whole or the relevant part of the conservation area to which the direction relates.
2
The notice referred to in paragraph (1) shall —
a
include a description of the development and the conservation area or part of that area to which the direction relates, and a statement of the effect of the direction;
b
specify that the direction is made under article 4(2) of this Order;
c
name a place where a copy of the direction, and a copy of the map defining the conservation area or part of that area to which it relates, may be seen at all reasonable hours; and
d
specify a period of at least 21 days, stating the date on which that period begins, within which any representations concerning the direction may be made to the local planning authority.
3
The direction shall come into force in respect of any part of the land within the conservation area or part of that area to which it relates —
a
on the date on which the notice is served on the occupier of that part of the land or, if there is no occupier, on the owner; or
b
if paragraph (4) or (5) applies, on the date on which the notice is first published in accordance with paragraph (1)(a).
4
The local planning authority need not serve notice on an owner or occupier in accordance with paragraph (1)(b) where they consider that individual service on that owner or occupier is impracticable because it is difficult to identify or locate him.
5
The local planning authority need not serve any notice in accordance with paragraph (1)(b) where they consider that the number of owners or occupiers within the conservation area or part of that area to which the direction relates makes individual service impracticable.
6
On making a direction under article 4(2) —
a
a county planning authority shall give notice of it to any district planning authority in whose district the conservation area or part of that area to which the direction relates is situated; and
b
except in metropolitan districts, a district planning authority shall give notice of it to the county planning authority, if any.
7
A direction under article 4(2) shall expire at the end of six months from the date on which it was made unless confirmed by the appropriate local planning authority in accordance with paragraphs (8) and (9) before the end of that six month period.
8
In deciding whether to confirm a direction made under article 4(2), the local planning authority shall take into account any representations received during the period specified in the notice referred to in paragraph (2)(d).
9
The local planning authority shall not confirm the direction until a period of at least 28 days has elapsed following the latest date on which any notice relating to the direction was served or published.
10
The appropriate local planning authority shall as soon as practicable give notice that a direction has been confirmed in the same manner as in paragraphs (1)(a) and (b) above.
Directions restricting permitted development under Class B of Part 22 or Class B of Part 23
7
1
If, on receipt of a notification from any person that he proposes to carry out development within Class B of Part 22 or Class B of Part 23 of Schedule 2, a mineral planning authority are satisfied as mentioned in paragraph (2) below, they may, within a period of 21 days beginning with the receipt of the notification, direct that the permission granted by article 3 of this Order shall not apply to the development, or to such part of the development as is specified in the direction.
2
The mineral planning authority may make a direction under this article if they are satisfied that it is expedient that the development, or any part of it, should not be carried out unless permission for it is granted on an application because —
a
the land on which the development is to be carried out is within —
i
a National Park,
ii
an area of outstanding natural beauty,
iii
a site of archaeological interest, and the operation to be carried out is not one described in the Schedule to the Areas of Archaeological Importance (Notification of Operations) (Exemption) Order 1984 (exempt operations),
iv
a site of special scientific interest, or
v
the Broads;
b
the development, either taken by itself or taken in conjunction with other development which is already being carried out in the area or in respect of which notification has been given in pursuance of the provisions of Class B of Part 22 or Class B of Part 23, would cause serious detriment to the amenity of the area in which it is to be carried out or would adversely affect the setting of a building shown as Grade I in the list of buildings of special architectural or historic interest compiled by the Secretary of State under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (listing of buildings of special architectural or historic interest);
c
the development would constitute a serious nuisance to the inhabitants of a nearby residential building, hospital or school; or
d
the development would endanger aircraft using a nearby aerodrome.
3
A direction made under this article shall contain a statement as to the day on which (if it is not disallowed under paragraph (5) below) it will come into force, which shall be 29 days from the date on which notice of it is sent to the Secretary of State in accordance with paragraph (4) below.
4
As soon as is reasonably practicable a copy of a direction under this article shall be sent by the mineral planning authority to the Secretary of State and to the person who gave notice of the proposal to carry out development.
5
The Secretary of State may, at any time within a period of 28 days beginning with the date on which the direction is made, disallow the direction; and immediately upon receipt of notice in writing from the Secretary of State that he has disallowed the direction, the mineral planning authority shall give notice in writing to the person who gave notice of the proposal that he is authorised to proceed with the development.
Directions
8
Any power conferred by this Order to give a direction includes power to cancel or vary the direction by a subsequent direction.
Revocations
9
The statutory instruments specified in column 1 of Schedule 3 are hereby revoked to the extent specified in column 3.
John Selwyn Gummer
Secretary of State for the Environment
21st February 1995
John Redwood
Secretary of State for Wales
22nd February 1995


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (Nos.2, 3 and 4) Orders 1995 Partial Revocation Order 1995 and shall come into force at 17.00 hours on 12th September 1995.
Revocations
2
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.4) Order 1995 is revoked insofar as it designates any part of the area set out in Schedule 1 to this Order.
3
The Orders specified in Schedule 2 to this Order are revoked.
A J Matheson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
12th September 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Partial Revocation Order 1995 and shall come into force on 18th January 1995.
2
In this Order “the principal Order ” means the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) Order 1991 .
Partial revocation
2
1
The principal Order is revoked so far as it designates any part of the area set out in Schedule 1 to this Order.
2
Part II of Schedule 1 to the principal Order shall be amended in accordance with Schedule 2 to this Order.
J N Randall
Assistant Secretary, Scottish Office
St Andrew’s House,
Edinburgh
11th January 1995


text:
1
These Regulations may be cited as the Motor Vehicles (Large Goods and Passenger-Carrying Vehicles) (Amendment) (No. 2) Regulations 1995 and shall come into force on 15th August 1995.
2
1
Regulation 27 (Exemptions) of the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 shall be amended as follows.
2
In paragraph (1), for sub-paragraph (j) there shall be substituted–
j
any vehicle which is not used on public roads or if it is so used during any calendar week–
i
is used only in passing from land in the occupation of a person keeping the vehicle to other land in the occupation of that person, and
ii
is not used on public roads for distances exceeding an aggregate of six miles in that calendar week;
jj
any vehicle which–
i
is used only for purposes relating to agriculture, horticulture or forestry,
ii
is used on public roads only in passing between different areas of land occupied by the same person, and
iii
in passing between any two such areas does not travel a distance exceeding 1.5 kilometres on public roads;
.
3
In paragraph (1), in sub-paragraph (u)(ii), for the words “section 5 of the Vehicles (Excise) Act 1971 ” there shall be substituted the words “paragraph 22 of Schedule 2 to the Vehicle Excise and Registration Act 1994 ”.
4
In paragraph (6)–
a
for the words “Schedule 3 to the Vehicles (Excise) Act 1971” there shall be substituted the words “paragraph 4(4) of Schedule 1 to the Vehicle Excise and Registration Act 1994”;
b
for the definitions of “road construction vehicle” and “road construction machinery” there shall be substituted–
“public road”, “road construction vehicle” and “road construction machinery” have the same meanings respectively as in section 62(1) of the Vehicle Excise and Registration Act 1994.
.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
5th August 1995


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Repeals and Revocations) Regulations 1995 and shall come into force on 1st January 1996 except regulation 2(3), which shall come into force on 1st January 1997.
Repeals and revocations
2
1
The enactments specified in column 2 of Part 1 of Schedule 1 shall be repealed to the extent specified in column 3 of that Part.
2
The instruments specified in column 1 of Part 2 of Schedule 1 shall be revoked.
3
The instruments specified in Schedule 2 shall be revoked.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
11th December 1995


text:
1
This Order may be cited as the Value Added Tax (Refund of Tax) (No. 2) Order 1995 and shall come into force on 15th December 1995.
2
The following bodies are hereby specified for the purposes of section 33 of the Value Added Tax Act 1994:
A National Park authority (within the meaning of section 63 of the Environment Act 1995 )
A fire authority constituted by a combination scheme made under section 6 of the Fire Services Act 1947 .
Derek Conway
David Willetts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd November 1995


text:
1
This Order may be cited as the A102 Trunk Road (Blackwall Tunnel Approach, Greenwich) (Tunnel Avenue Slip Road) Order 1995 and shall come into force on 21st December 1995.
2
In this Order —
i
“the trunk road” means the A102 Trunk Road known locally as Blackwall Tunnel Approach;
ii
“the plan” means the site plan contained in the plan folio numbered PA/2078P/01, marked “The A102 Trunk Road (Blackwall Tunnel Approach, Greenwich) (Tunnel Avenue Slip Road) Order 1995”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY; and
iii
“the slip road” means the new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order and which will connect the trunk road with Tunnel Avenue in the London Borough of Greenwich.
3
The slip road shall become a trunk road from the date when this Order comes into force.
4
The centre line of the slip road is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of the slip road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
R. T. Thorndike
Director, London Network Management Division, Highways Agency
22nd November 1995


text:
Citation
1
This Order may be cited as the Environment Act 1995 (Commencement No.2) Order 1995.
Provisions coming into force on 12th October 1995
2
The following provisions of the Environment Act 1995 shall come into force on 12th October 1995: —
a
section 20 (the Scottish Environment Protection Agency);
b
section 21 (transfer of functions to SEPA );
c
section 22 (transfer of property, rights and liabilities to SEPA);
d
section 23 (functions of staff commission);
e
section 30 (records held by SEPA);
f
section 31 (guidance on sustainable development and other aims and objectives);
g
section 32 (general environmental and recreational duties);
h
section 36 (codes of practice with respect to environmental and recreational duties);
i
section 59 (abandoned mines; Scotland), in so far as the amendments made by that section confer power on the Secretary of State to make regulations; and
j
section 120(1) (minor and consequential amendments), in so far as it relates to the following provisions of Schedule 22: —
i
paragraph 15;
ii
sub-paragraphs (1) and (22) of paragraph 29, in so far as the amendments made by those provisions confer power on the Secretary of State to make regulations;
iii
sub-paragraphs (1) to (3) and (5) of paragraph 51; and
iv
paragraph 53.
James Douglas-Hamilton
Minister of State, Scottish Office
St. Andrew’s House,
Edinburgh
5th October 1995


text:
PART I
PRELIMINARY
Title and commencement
1
1
These Regulations may be cited as the Meat (Hygiene,Inspection and Examinations for Residues) (Charges) Regulations1995 and, subject to paragraph (2), shall come into force on1st April 1995.
2
Regulation 13 shall come into force on 1st March 1995together with regulation 12 so far as may be necessary toenable the Minister to exercise the power conferred on him byregulation 13.
Interpretation
2
1
In these Regulations unless the context otherwiserequires —
“carcase” means —
the whole body of a slaughtered animal or of a completelyeviscerated bird after bleeding and dressing; or
the whole body of a slaughtered uneviscerated or partlyeviscerated bird after bleeding;
“cold store” means a licensed cold store;
“the Community standard slaughterhouse charge” means,in the case of each animal or bird inspected, the chargespecified in column (3) in Part I of Schedule 1 opposite theanimal or bird specified in column (1);
“cutting premises” means licensed cutting premises;
“cutting up” means —
cutting meat into cuts smaller than half carcases cut intothree wholesale cuts;
cutting poultry meat carcases into cuts; or
boning meat or poultry meat;
“domestic animals” means domestic animals of thefollowing species —
bovine animals (including buffalo);
swine;
solipeds;
sheep; and
goats;
“domestic birds” means —
turkeys;
ducks;
geese;
guinea-fowl; and
domestic fowl;
“the Fresh Meat Regulations ” means the Regulationsmentioned in paragraph (a) of Schedule 2;
“game” means —
farmed game, as defined in the Fresh Meat Regulations;
farmed game birds, as defined in the Poultry MeatRegulations; and
domestic rabbits;
“general charge” means a charge under regulations 4(1)or 9;
“health inspection and control exercise” means aninspection or supervisory function carried out by the Ministerunder any provision of the Hygiene Regulations except paragraph3 of Schedule 7 to the Poultry Meat Regulations (on-farminspections);
“the Hygiene Regulations” means the Regulationsspecified in Schedule 2;
“meat” means —
the flesh or other edible parts of domestic animals ordomestic birds, except flesh or other parts which have beensubjected to any preservation process other than chilling orfreezing; and
all parts of game which are suitable for human consumption;
“the minimum charge” means, in the case of each animalor bird inspected, the charge specified in column (2) in Part Iof Schedule 1 opposite the animal or bird specified in column(1);
“ PIA salary costs” means costs in respect of salariesof persons (plant inspection assistants) who are authorisedunder regulation 11 of the Poultry Meat Regulations to act asassistants in health inspection and control exercises underthose Regulations at premises where they are employed and ofcontributions paid by employers in respect of such personsunder the Social Security Contributions and Benefits Act1992 or as superannuation contributions;
“poultry” and “poultry meat” have the meaningsassigned to them by the Poultry Meat Regulations;
“the Poultry Meat Regulations” means the Regulationsmentioned in paragraph (b) of Schedule 2;
“published”, in relation to rates of conversion of the ECU , means published annually in the C Series of the OfficialJournal of the European Communities normally on the firstworking day of the month of September;
“residues examination charge” means the charge underregulation 4(2);
“the Residues Regulations ” means the Animals, Meat andMeat Products (Examination for Residues and Maximum ResidueLimits) Regulations 1991 ;
“rewrapping centre” has the meaning assigned to it bythe Poultry Meat Regulations; and
“slaughterhouse” means a licensed slaughterhouse.
2
Any reference in these Regulations to a numbered regulationor Schedule shall be construed as a reference to the regulationor Schedule bearing that number in these Regulations.
ECU conversions
3
1
In these Regulations “ECU” means European CurrencyUnit.
2
Any amount expressed in these Regulations as a number ofECUs shall be converted to sterling at the official rate.
3
For 1995 the official rate is the average of the publishedrates of conversion for the preceding three years.
4
For each subsequent year it is the rate published in thepreceding year.
PART II
DOMESTIC ANIMALS AND DOMESTIC BIRDS
Duty to charge for health inspection and control exercises
Duty of Minister to charge for health inspection andcontrol exercises in respect of domestic animals or domesticbirds
4
1
The Minister shall make a general charge for theperformance of his functions in relation to health inspectionand control exercises in respect of domestic animals ordomestic birds.
2
In connection with such exercises the Minister shall alsomake a charge in respect of functions performed by him inrelation to examinations for the presence of residues for thepurposes of the Residues Regulations.
General charges
Slaughterhouses
5
1
Subject to paragraphs (2) to (4) below, the general chargefor a health inspection and control exercise in respect ofdomestic animals or domestic birds which is carried out at aslaughterhouse shall be an amount equal to the Communitystandard slaughtershouse charge less the residues examinationcharge.
2
Where the aggregate of the cost of carrying out such ahealth inspection and control exercise at a slaughterhouse andthe residues examination charge is lower than the Communitystandard slaughterhouse charge, then —
a
if the aggregate is higher than the minimum charge, thegeneral charge shall be an amount equal to the cost; and
b
if the aggregate is not higher than the minimum charge, thegeneral charge shall be an amount equal to the minimum chargeless the residues examination charge.
3
PIA salary costs are to included when calculating theaggregate.
4
Where the aggregate of the cost of carrying out at aslaughterhouse a health inspection and control exercise inrespect of domestic animals or domestic birds and the residuesexamination charge is higher than the Community standardslaughterhouse charge, the general charge shall be —
a
an amount not greater than the cost of carrying out theexercise; or
b
an amount equal to the Community standard slaughterhousecharge less the residues examination charge;
and the Minister shall determine whether it is to becalculated for a particular slaughterhouse under sub-paragraph(a) or sub-paragraph (b) above.
Cutting premises
6
1
Subject to paragraph (2) below, the general charge for ahealth inspection and control exercise in respect of domesticanimals or domestic birds which is carried out at cuttingpremises shall be —
a
ECU 3 per tonne on meat entering the premises, (“thestandard amount”); or
b
an amount equal to the cost of carrying out the exercise.
2
Where the cutting operations are carried out in theestablishment where the meat is obtained, the Minister maydetermine a charge calculated by reducing the standard amountby up to 55%.
3
In this regulation and regulation 7 the cost shall bedetermined by reference to the numbers of hours worked, anyfraction of an hour being counted as an hour worked.
Rewrapping centres and cold stores
7
The general charge for a health inspection and controlexercise in respect of domestic animals or domestic birds whichis carried out at a rewrapping centre or cold store shall be anamount equal to the cost of carrying out the exercise.
Residues examination charges
Residues examination charges
8
1
The residues examination charge for the carcase of ananimal specified in column (1) of Part II of Schedule 1 shallbe the charge specified opposite it in column (2).
2
It shall be assumed, for the purpose of making thecalculations specified in regulation 5, that a residuesexamination charge is made at the rate of ECU 1.35 per tonne ofunboned poultry meat.
PART III
GAME
Power of Minister to charge for health inspection andcontrol exercises in respect of game
9
1
The Minister may make a general charge for the performanceof his functions in relation to health inspection and controlexercises in respect of game.
2
The charge shall not exceed the cost of the exercise.
PART IV
GENERAL
Calculation of general charge
10
1
The general charge for carrying out a health inspection andcontrol exercise —
a
must be reasonable; and
b
must cover the items specified in paragraph (2) below.
2
The items mentioned in paragraph (1) above are —
a
salary costs other than PIA salary costs;
b
administrative costs, which may include the expenditurerequired for in-service training; and
c
the costs resulting from monitoring the rules laid down inDirective 93/119/ EC on the protection of animalsat the time of slaughter or killing.
3
In calculating the cost of carrying out a health inspectionand control exercise at a slaughterhouse the Minister shallassume that the administrative costs are not lower than ECU0.725 per tonne of unboned meat.
Recovery of and liability for charges
11
1
Charges under these Regulations shall be payable to andrecoverable by the Minister.
2
Charges under these Regulations shall be payable by theoperator or owner of the slaughterhouse, cutting premises,rewrapping centre or cold store in relation to which theyarise, but he shall have the option of passing on the cost ofany such charge which he has paid to any natural or legalperson on whose behalf the operations in relation to which hemade the payment were carried out.
Determination and variation of charges
12
1
Charges under these Regulations are to be fixed by theMinister in accordance with the provisions of theseRegulations.
2
Before determining and, subject to paragraph (3) below,before varying charges under these Regulations the Ministershall give any person who appears to him to be affected noticein writing —
a
of the charges that he proposes to fix; and
b
of the date on which they are to commence.
3
Notice is not required where a proposed variation is theresult of a change in the published rate for conversion of theECU.
4
The date specified in a notice must be a date after the endof the period of 14 days commencing with the day on which thenotice is given.
5
If not later than the end of the period of 14 dayscommencing with the day on which notice is given a person towhom it was given makes a written request to the Minister fordetails of how he calculated the proposed charges, the Ministershall supply him with those details.
6
If not later than the end of the period of 14 dayscommencing with the day on which the Minister supplies a personwith such details in pursuance of the duty imposed on him byparagraph (5) above that person, or a person acting on hisbehalf, makes representations to the Minister concerning theproposed charges, the Minister shall have regard to therepresentations.
7
The Minister shall give all persons to whom notice of thecharges was given under paragraph (2) above written notice ofthe charges which he fixes.
8
When a charge is fixed, it shall be payable in respect ofany health inspection and control exercise carried out on orafter the date notified under paragraph (2) above, and thereference in that paragraph to the date on which charges are tocommence is to be construed accordingly.
9
Pending the fixing of the amount of a charge in accordancewith this regulation the charge notified under paragraph (2)above shall be payable.
10
When the charge is fixed, such payments shall be made by orto the Minister as will secure that the person liable to paythe charge does not pay more or less than the amount fixed.
Power of Minister to determine or take steps towardsdetermination of charges before 1st April 1995
13
The Minister may determine charges under these Regulationsbefore the date specified in regulation 1(1) and mayaccordingly take any step for which regulation 12 providesbefore that date.
Information
14
A person shall, on demand by the Minister,supply —
a
such information as the Minister may reasonably require forthe purpose of calculating charges under these Regulations; and
b
such evidence as the Minister may reasonably require toenable him to verify information supplied under paragraph (a)above.
Revocations
15
The Regulations specified in Schedule 3 are hereby revokedto the extent specified in column 3 of that Schedule.
Angela Browning
Parliamentary Secretary,Ministry of Agriculture, Fisheriesand Food
14th February 1995
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State for Health
14th February 1995
Hector Monro
Parliamentary Under Secretary of State,Scottish Office
14th February 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,Welsh Office
13th February 1995


text:
Title and commencement
1
This Order may be cited as the Plant Health (Forestry) (Great Britain) (Amendment) Order 1995 and shall come into force on 21st August 1995.
Amendment of the Plant Health (Forestry) (Great Britain) Order 1993
2
1
The Plant Health (Forestry) (Great Britain) Order 1993 shall be amended in accordance with the provisions of this article.
2
In article 16(1) (conditions for registration) there shall be inserted after sub-paragraph (g) the following sub-paragraph —
h
he shall make a declaration at such time and in such form as the Commissioners may from time to time require that he is able and willing to comply with the conditions specified in the above sub-paragraphs and with the other provisions of this Order.
3
After article 19 there shall be inserted the following article —
Notification of landing of relevant material, consigned directly from third countries, whose landing in Great Britain is subject to special conditions
19A
1
Subject to paragraph (2) below, no person shall land in Great Britain any relevant material of a description specified in column 2 of Part A of Schedule 4 unless he has notified an inspector of his intention to land that relevant material and of the proposed means of introduction and point of entry at least three days before the intended date of landing.
2
Paragraph (1) above shall not apply to items 11 to 19 of Part A of Schedule 4.
.
4
For Part B of Schedule 5 there shall be substituted the contents of the Schedule to this Order.
In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 14th July 1995.
T J D Rollinson
Secretary to the Forestry Commissioners


text:
PART I
INTRODUCTORY
Title, commencement and extent
1
1
These Regulations may be cited as the Welfare of Animals (Slaughter or Killing) Regulations 1995 and shall come into force on 1st April 1995.
2
Subject to paragraph (3) below, these Regulations extend to Great Britain.
3
Paragraph 2(3) and (4) of Schedule 6 extends to England and Wales.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“animal” includes bird;
“adverse weather condition” means any weather condition, including direct sunlight, which has an adverse affect on the welfare of an animal;
“authorised person” means any person authorised in writing by the Minister for the purposes of these Regulations;
“commercial”, in relation to the slaughter or killing of an animal, means slaughter or killing —
in the course or furtherance of a business or for reward;
by, or on behalf of, the purchaser of an animal on premises belonging to, occupied by or under the control of the seller of the animal; or
in a market place;
“container” means any transport crate in which an animal is delivered to a slaughterhouse or knacker’s yard;
“contravention”, in relation to any provision of these Regulations, includes a failure to comply with that provision, and “contravenes” shall be construed accordingly;
“horse” includes any hinny, ass or mule;
“killing”, in relation to an animal, means causing the death of the animal by any process other than slaughter;
“knacker’s yard” means any premises used for the commercial slaughter or killing of solipeds, ruminants, pigs, rabbits or birds, the flesh of which is not intended for human consumption, including any associated facilities for moving or lairaging such animals;
“lairaging”, in relation to an animal, means keeping the animal in a stall, pen, covered area or field used by a slaughterhouse or knacker’s yard in order to confine it until it is slaughtered or killed or to give it any necessary attention before it is slaughtered or killed;
“the Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland or Wales, the Secretary of State;
“the Ministers” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Wales and the Secretary of State for Scotland acting jointly;
“movement”, in relation to an animal, means unloading it or driving it from an unloading place, stall or pen at a slaughterhouse or knacker’s yard to the premises or place where it is to be lairaged, slaughtered or killed;
“pithing”, in relation to an animal, means the destruction of its brain tissue after stunning to the extent that irreversible loss of consciousness is ensured;
“restraining pen” means a pen or compartment which is —
suitable for restraining for slaughter by a religious method (as defined in paragraph 2 of Schedule 12) in an upright position any ox, bullock, cow, heifer or steer or any calf which is too large to be restrained manually on a cradle or on a table;
constructed so as to permit one animal at a time to be confined in it without discomfort and so as to prevent any substantial movement of the animal forwards, backwards or sideways once it has been placed in position for slaughter; and
approved by the Minister under paragraph 3 of Schedule 12;
“restraint”, in relation to an animal, means the application of any procedure designed to restrict its movements in order to facilitate effective stunning or killing;
“slaughter”, in relation to an animal, means causing the death of the animal by bleeding;
“slaughterhouse” means any premises used for the commercial slaughter or killing of solipeds, ruminants, pigs, rabbits or birds the flesh of which is intended for human consumption, including any associated facilities for moving or lairaging such animals;
“stunning”, in relation to an animal, means any process which causes immediate loss of consciousness which lasts until death;
“stunning pen” means a pen or compartment which is suitable for confining adult bovine animals while they are being stunned and which is so constructed that it —
permits one animal at a time to be confined in it without discomfort;
prevents any substantial movement forwards, backwards or sideways of an animal confined in it;
restricts the movement of the head of any animal confined in it without causing the animal any avoidable excitement so as to permit accurate stunning and allows the head of the animal to be released immediately after the animal has been stunned; and
allows unimpeded access to the forehead of the animal confined in it;
“wild game” means wild land mammals which are hunted (including wild mammals living within an enclosed area under conditions of freedom similar to those enjoyed by wild game) and wild birds.
2
For the purposes of these Regulations, a person permits any act or omission if he knows of, or might reasonably be expected to know of, that act or omission.
3
Any reference in these Regulations to a numbered regulation or Schedule shall, except where the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
4
Any provision in these Regulations which applies to an animal awaiting slaughter or killing applies until that animal is dead.
Application and exemptions
3
1
These Regulations apply to the movement, lairaging, restraint, stunning, slaughter and killing of animals bred or kept for the production of meat, skin, fur or other products, to methods of killing animals for the purpose of disease control and to the killing of surplus chicks and embryos in hatchery waste.
2
These Regulations do not apply to any act lawfully done under the Animals (Scientific Procedures) Act 1986 .
3
These Regulations do not apply to any animal which is killed during a sporting event.
4
These Regulations do not apply to the killing of wild game.
Humane treatment of animals
4
1
No person engaged in the movement, lairaging, restraint, stunning, slaughter or killing of animals shall —
a
cause any avoidable excitement, pain or suffering to any animal; or
b
permit any animal to sustain any avoidable excitement, pain or suffering.
2
Without prejudice to paragraph (3) below, no person shall engage in the movement, lairaging, restraint, stunning, slaughter or killing of any animal unless he has the knowledge and skill necessary to perform those tasks humanely and efficiently in accordance with these Regulations.
3
Schedule 1 shall have effect in relation to the licensing of slaughtermen.
4
Parts II and III below are without prejudice to the generality of paragraphs (1) and (2) above.
Safeguarding the welfare of animals
5
The occupier of a slaughterhouse or knacker’s yard shall ensure that at all times when there are live animals on the premises a person (whether or not himself) is available who is competent, and who has authority to take whatever action may be necessary to safeguard the welfare of the animals in accordance with these Regulations.
Animal welfare legislation and codes
6
1
The occupier of a slaughterhouse or knacker’s yard shall ensure that any person who is involved in any of the activities governed by these Regulations —
a
is acquainted with the provisions of the legislation, and of any welfare codes, relevant to the operations that that person carries out;
b
has access to a copy of any such welfare code at the slaughterhouse or knacker’s yard;
c
has received instruction and guidance on the requirements of such legislation and any such welfare code; and
d
where, by virtue of paragraph 3 of Schedule 1, any such activity requires a licence, has the appropriate licence.
2
In this regulation “welfare code” means any current code issued under regulation 7.
Codes of practice
7
1
The Ministers may from time to time, after consultation with such organisations as appear to them to represent the interests concerned —
a
prepare and issue codes of practice for the purpose of providing guidance in respect of these Regulations; and
b
revise any such code by revoking, varying, amending or adding to the provisions of the code.
2
A code prepared in pursuance of this regulation and any alterations proposed to be made on a revision of such a code shall be laid before both Houses of Parliament, and the Ministers shall not issue the code or revised code, as the case may be, until after the end of a period of 40 days beginning on the day on which the code or the proposed alterations to it were so laid.
3
If, within the period mentioned in paragraph (2) above, either House resolves that the code be not issued or the proposed alterations be not made, the Ministers shall not issue the code or revised code (without prejudice to their power under that paragraph to lay further codes or proposed alterations before Parliament).
4
For the purposes of paragraph (2) above —
a
where a code or proposed alterations are laid before each House of Parliament on different days, the later day shall be taken as the day on which the code or the proposed alterations, as the case may be, was or were laid before both Houses of Parliament; and
b
in reckoning any period of 40 days no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
5
The Ministers shall cause any code issued or revised under this regulation to be printed and distributed, and may make such arrangements as they think fit for its distribution, including causing copies of it to be put on sale to the public at such reasonable price as the Ministers may determine.
6
A failure on the part of any person to follow any guidance contained in a code issued under this regulation shall not of itself render that person liable to proceedings of any kind.
7
If, in proceedings against any person for an offence consisting of the contravention of any provision of these Regulations, it is shown that, at any material time, he failed to follow any guidance contained in a code issued under this regulation, being guidance which was relevant to the provision concerned, that failure may be relied upon by the prosecution as tending to establish his guilt.
PART II
REQUIREMENTS APPLICABLE TO SLAUGHTERHOUSES AND KNACKERS' YARDS
Construction, equipment and maintenance of slaughterhouses and knackers' yards
8
Schedule 2 shall have effect in relation to the construction, equipment and maintenance of slaughterhouses and knackers' yards.
The slaughter of animals in slaughterhouses and knackers' yards
9
Where any soliped, ruminant, pig, rabbit or bird is brought into a slaughterhouse or knacker’s yard for slaughter, that animal shall be —
a
moved and lairaged in accordance with Schedule 3;
b
restrained in accordance with Schedule 4;
c
subject to regulation 22, stunned before slaughter in accordance with Parts I and II of Schedule 5; and
d
bled or pithed in accordance with Schedule 6.
The killing of animals in slaughterhouses and knackers' yards
10
Where any soliped, ruminant, pig, rabbit or bird is brought into a slaughterhouse or knacker’s yard for killing, that animal shall be —
a
moved and lairaged in accordance with Schedule 3;
b
restrained in accordance with Schedule 4; and
c
subject to regulation 11, killed in accordance with Parts I and III of Schedule 5.
The killing of pigs and birds by exposure to gas mixtures
11
Schedule 7 shall have effect in relation to the killing of pigs and birds by exposure to gas mixtures.
Additional provisions for the slaughter or killing of horses
12
Without prejudice to regulations 9 and 10, Schedule 8 shall have effect in relation to the slaughter or killing of horses.
PART III
SLAUGHTER OR KILLING ELSEWHERE THAN IN SLAUGHTERHOUSES OR KNACKERS' YARDS
Application of Part III
13
1
This Part applies to the slaughter or killing of animals elsewhere than in a slaughterhouse or knacker’s yard.
2
This Part does not apply in the case of any animal which has to be killed immediately for emergency reasons relating to the welfare of that animal.
The slaughter of animals elsewhere than in a slaughterhouse or knacker’s yard
14
Subject to regulations 16 and 17, where any soliped, ruminant, pig, rabbit or bird is slaughtered elsewhere than in a slaughterhouse or knacker’s yard, that animal shall be —
a
restrained in accordance with Schedule 4;
b
subject to regulation 22, stunned before slaughter in accordance with Parts I and II of Schedule 5; and
c
bled or pithed in accordance with Schedule 6.
The killing of animals elsewhere than in a slaughterhouse or knacker’s yard
15
Subject to regulations 16 to 19, where any soliped, ruminant, pig, rabbit or bird is killed elsewhere than in a slaughterhouse or knacker’s yard, that animal shall be killed in accordance with Parts I and III of Schedule 5.
The slaughter or killing of animals elsewhere than in a slaughterhouse or knacker’s yard for private consumption
16
Regulations 14 and 15 shall not apply in respect of any bird, rabbit, pig, sheep or goat which is slaughtered or killed by its owner for his private consumption, provided that —
a
regulation 4(1) is complied with; and
b
any such animal that is slaughtered is stunned before slaughter in accordance with Parts I and II of Schedule 5.
The slaughter or killing of animals for the purpose of disease control
17
The slaughter or killing of any animal for the purpose of disease control shall be in accordance with Schedule 9.
The killing of fox and mink which are farmed for their fur
18
The killing of any fox or mink which is farmed for its fur shall be in accordance with Schedule 10.
The killing of surplus chicks and embryos in hatchery waste
19
The killing of any surplus chicks which are less than 72 hours old and embryos in hatchery waste shall be as rapid as possible in accordance with Schedule 11.
Birds awaiting slaughter at place of purchase
20
The occupier or person in charge of any premises at which birds are offered or exposed for sale prior to being slaughtered there shall ensure that, on arrival at the premises, the birds are forthwith —
a
placed in accommodation in which they are able, without difficulty, to stand upright, turn around and stretch their wings; and
b
provided with a sufficient supply of wholesome food and clean drinking water.
PART IV
SLAUGHTER BY A RELIGIOUS METHOD
Additional requirements relating to slaughter by a religious method
21
Schedule 12 shall have effect in relation to the slaughter of any animal by a religious method.
Exemption for slaughter by a religious method
22
Schedule 5 (which relates to the stunning and killing of animals) shall not apply to any animal which is slaughtered in accordance with Schedule 12 (which relates to slaughter by a religious method).
PART V
EXECUTION, OFFENCES AND PENALTIES
Powers of authorised persons
23
1
An authorised person, upon producing, if required to do so, some duly authenticated document showing his authority, may at any time enter —
a
any slaughterhouse or knacker’s yard; or
b
any land or premises, other than premises used wholly or mainly as a dwelling, where he reasonably suspects that any activity which is governed by these Regulations is, or has been, carried on,
for the purpose of ascertaining whether there is or has been any contravention of these Regulations.
2
An authorised person shall have power to carry out all checks and examinations necessary for the enforcement of these Regulations.
3
Without prejudice to the generality of paragraph (2) above, an authorised person may in particular, where he has a reasonable suspicion that there is or has been a contravention of these Regulations —
a
take samples (and, if necessary, send the samples for laboratory testing) from any animal, carcase or part of a carcase;
b
take away any carcase or part of a carcase (and, if necessary, send it for laboratory testing);
c
require the production of any relevant record or document;
d
inspect any relevant record or document;
e
take copies of any relevant record or document; and
f
take away any relevant record or document.
4
An authorised person may take with him into the slaughterhouse or knacker’s yard or onto the premises or land such other persons as he considers necessary, including a representative of the European Commission acting for the purposes of Article 14 of Council Directive 93/119/ EC on the protection of animals at the time of slaughter or killing .
Obstruction
24
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
25
1
Where a body corporate is guilty of an offence under these Regulations and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Where an offence under these Regulations is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Offences and penalties
26
1
Any person who contravenes any provision of these Regulations shall be guilty of an offence.
2
Any person guilty of an offence by virtue of regulation 4(2) or (3) or 24(1)(a) or (b) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
A person guilty of an offence by virtue of regulation 24(1)(c) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
A person guilty of any other offence under these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months or both.
5
Paragraph (1) above shall not apply to anything done or omitted by the Minister or an authorised veterinary surgeon in exercise of functions conferred by these Regulations.
Defence
27
A person who contravenes any provision in these Regulations shall not be guilty of an offence in respect of such contravention if he proves that by reason of accident or other emergency the contravention was necessary for preventing injury or suffering to any person or animal.
PART VI
REPEALS, REVOCATIONS AND AMENDMENTS
Repeals, revocations and amendments
28
1
The enactments mentioned in columns 1 and 2 of Schedule 13 are hereby repealed to the extent specified in column 3 of that Schedule.
2
The enactments and regulations mentioned in Schedule 14 to these Regulations shall have effect subject to the amendments there specified.
3
The regulations mentioned in columns 1 and 2 of Schedule 15 are hereby revoked.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
14th March 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
14th March 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 5) Regulations 1995 and shall come into force on 18th July 1995.
2
In these Regulations, “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 19 of the principal Regulations
2
In paragraph (1) of regulation 19 of the principal Regulations (payments to be disregarded) , after sub-paragraph (r) there shall be added the following sub-paragraphs —
s
a payment which by virtue of section 200A of the Income and Corporation Taxes Act 1988 (incidental overnight expenses) is not regarded as an emolument of the employment chargeable to income tax under Schedule E, and for the purposes of this sub-paragraph, section 200A shall be read as if —
i
subsection (1)(b) had been omitted in so far as it relates to section 193(1) of that Act but not otherwise, and
ii
subsection (5) had been omitted;
t
a payment which by virtue of section 201AA of the Income and Corporation Taxes Act 1988 (employee liabilities and indemnity insurance) is deductible from the emoluments of the employment chargeable to income tax under Schedule E..
Signed by authority of the Secretary of State for Social Security.
James Arbuthnot
Parliamentary Under-Secretary of State,Department of Social Security
20th June 1995


text:
1
This Order may be cited as the Value Added Tax (Imported Goods) Relief (Amendment) Order 1995 and shall come into force on 1st January 1996.
2
In Group 8, Item No. 8 of Schedule 2 to the Value Added Tax (Imported Goods) Relief Order 1984 for “£15” there shall be substituted “£18”.
Derek Conway
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 1995