text:
PART I
PRELIMINARY
Title and commencement
1
These Regulations may be cited as the Meat Products (Hygiene) Regulations 1994 and shall come into force on 1st January 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“ambient store” means any premises, not being part of approved meat products premises, which store unpackaged meat products under non-refrigerated conditions;
“approval” means approval under these Regulations and “approved” has a corresponding meaning;
“approval authority” means —
in relation to combined premises, the Minister; and
in relation to other premises, the food authority in whose area they are situated;
“authorised officer”, in relation to an enforcement authority, means any person who is authorised by the authority in writing, either generally or specially, to act in matters arising under these Regulations;
“batch” means a quantity of a meat product which is covered by the same accompanying commercial document or health certificate;
“the Bovine Offal Regulations ” means —
the Bovine Offal (Prohibition) Regulations 1989 ; and
the Bovine Offal (Prohibition) (Scotland) Regulations 1990 ;
“the British EC health mark” means the British EC health mark described in paragraph 1 of Part VI of Schedule 2;
“the British national health mark” means the British national health mark described in paragraph 2 of Part VI of Schedule 2;
“cold store” means any premises, not being part of approved meat products premises, which store unpackaged meat products under refrigerated conditions;
“cold treatment” means treatment by refrigeration;
“combined premises” means —
premises where meat processing operations are carried on and which share a common curtilage with a slaughterhouse;
any licensed cold store which stores both fresh meat and meat products;
“contravention” in relation to any provision of these Regulations includes a failure to comply with that provision;
“curing” means the distribution of salts throughout the product;
“drying” means natural or artificial reduction of the water content;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as amended by the Protocol signed at Brussels on 17th March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein (and accordingly includes —
any State that was a member State of the European Community before that Agreement; and
any other State which is a Contracting Party to the Agreement, whether or not it becomes such a member State);
“EC health mark”, in relation to meat, means a health mark required by any of the meat Directives;
“enforcement authority” is to be construed in accordance with regulation 19 below;
“establishment” means an establishment handling or storing any type of meat products or other products of animal origin;
“final consumer” means a person who buys meat products or other products of animal origin —
for his own consumption;
for direct transport to, and consumption on, premises either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him; or
for direct transport to premises used for handling or storing meat products either in his ownership or under his personal supervision or in the ownership or under the personal supervision of a person employed by him for sale as a ready-cooked take-away meat product for consumption off those premises;
“food authority” includes a port health authority;
“the Food Labelling Regulations ” means the Food Labelling Regulations 1984 and the Food Labelling (Scotland) Regulations 1984 ;
“handling” means manufacturing, preparing, processing, packaging, wrapping, and rewrapping and “handled” has a corresponding meaning;
“heating” means the use of dry or damp heat;
“hermetically sealed container” means a container which is airtight and intended to protect the contents against the entry of micro-organisms after heat treatment;
“the Hygiene Regulations ” means —
the Fresh Meat (Hygiene and Inspection) Regulations 1992 ; and
the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1994 ;
“industrial meat products premises” means meat products premises whose production exceeds 7.5 tonnes of finished meat products per week or 1 tonne per week in the case of premises producing foie gras, or a lower level of production where a special hygiene direction is given;
“licensed” means licensed under the Hygiene Regulations;
“maturing” means any treatment of salted raw meat which in the course of a slow and gradual reduction of humidity is capable of generating natural fermentation or enzymatic processes, involving changes over a period of time which give the product typical organoleptic characteristics and ensure its preservation and wholesomeness at normal ambient temperature;
“meat” means —
meat as defined in —
article 2(a) of Directive 64/433/ EEC ;
article 2 of Directive 71/118/EEC ;
article 2 of Directive 72/461/EEC ;
article 2 of Directive 72/462/EEC ;
article 2 of Directive 88/657/EEC ;
article 2(1) and (2) of Directive 91/495/EEC ;
article 2(1)(d) of Directive 92/45/EEC ; and
minced meat and meat preparations falling within the definition of “meat” in regulation 2(1) of the Food Hygiene (General) Regulations 1970 and regulation 2(1) of the Food Hygiene (Scotland) Regulations 1959 ;
“meat-based prepared meal” means a wrapped meat product (excluding sandwiches or products made with pastry, pasta or dough) in which meat has been mixed with other foodstuffs before, during or after cooking and requires refrigeration for preservation;
“the meat Directives” means the Directives mentioned in the definition of “meat” in this regulation;
“meat preparations” means preparations made wholly or partly from meat or minced meat (but excludes meat which has undergone only cold treatment) which —
have undergone a treatment other than one specified in these Regulations for meat products; or
have been prepared by the addition of foodstuffs, seasonings or additives; or
have undergone a combination of the above;
“meat products” means products for human consumption prepared from or with meat which has undergone treatment such that the cut surface shows that the product no longer has the characteristics of fresh meat, but not —
meat which has undergone only cold treatment;
minced meat;
mechanically recovered meat;
meat preparations;
“the Meat Products etc. Regulations ” means —
the Meat Products and Spreadable Fish Products Regulations 1984 ; and
the Meat Products and Spreadable Fish Products (Scotland) Regulations 1984 ;
“meat products premises” means any industrial or non-industrial premises handling or storing meat products;
“non-industrial meat products premises” means meat products premises whose production does not exceed 7.5 tonnes of finished meat products per week or 1 tonne per week in the case of premises producing foie gras, or a lower level of production where a special hygiene direction is given;
“occupier” means a person carrying on the business of producing, handling or storing meat products or other products of animal origin;
“other products of animal origin” means the following products intended for human consumption —
meat extracts;
rendered animal fat: fat derived from rendering meat, including bones;
greaves: the protein-containing residue of rendering, after partial separation of fat and water;
meat powder, powdered rind, salted or dried blood, salted or dried blood plasma;
stomachs, bladders and intestines, cleaned, salted or dried, and/or heated;
“packaging”, in relation to meat products or other products of animal origin, means the placing of one or more of such wrapped or unwrapped products in a container, as well as the container itself;
“potable water” means water within the meaning of Directive 80/778/EEC on the quality of water intended for human consumption;
“prepared food” means any food, intended for human consumption, not being a meat product or other product of animal origin or a meat-based prepared meal which is handled in an establishment;
“prohibited parts” means —
genital organs of female or male animals, except testicles;
urinary organs, except the kidneys and the bladder;
the cartilage of the larynx, the trachea and the extralobular bronchi;
eyes and eyelids;
the external, auditory meatus;
orneous tissues;
in poultry, the head (except the comb and the ears, the wattles and caruncles) the oesophagus, the crop, the intestines and the genital organs;
“raw material” means any animal product used as an ingredient in meat products or other products of animal origin, or used in the preparation of prepared food;
“relevant EEA State” means an EEA State other than Iceland;
“rewrapping centre” means premises where any of the following operations is carried out —
meat products are unwrapped, sliced or cut and subsequently rewrapped prior to desptach;
unpackaged meat products from different establishments are assembled into batches for despatch,
and “rewrapped”, in relation to meat products, has a corresponding meaning;
“salting” means use of salt;
“slaughterhouse” means a licensed slaughterhouse;
“small percentage of meat” means 10% or less by weight of the raw meat used as a proportion of the weight of the final product;
“special hygiene direction” means a direction given by an enforcement authority for hygiene reasons at particular premises;
“third country” means a country which is not a relevant EEA State;
“treatment” means any chemical or physical process such as heating, smoking, salting, marinating, curing or drying, intended to preserve meat or animal products whether or not associated with other foodstuffs, or a combination of these various processes;
“wrapping”, in relation to meat products or other products of animal origin, means the protection of those products by the use of an initial wrapping or initial container in direct contact with the product concerned as well as the initial wrapper or initial container itself.
2
Except in so far as the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Exemption
3
These Regulations shall not apply to establishments handling or storing meat products or other products of animal origin exclusively for sale from those establishments to the final consumer, or to persons engaged in such handling, storing or selling, or to the transporting of meat products to the final consumer.
PART II
APPROVAL OF MEAT PRODUCTS PREMISES
Approvals of premises other than ambient stores, rewrapping centres and cold stores
4
1
After 31st December 1995 no person shall handle meat products in any premises to which this regulation applies unless those premises —
a
are approved under this regulation; and
b
comply with the appropriate requirements of Schedules 1 and 2.
2
This regulation applies to meat products premises other than ambient stores, rewrapping centres and cold stores.
3
No person —
a
shall despatch from any meat products premises approved under this regulation any meat products which do not comply with the provisions of these Regulations;
b
shall despatch any meat products to a relevant EEA State from meat products premises to which this regulation applies but which are not approved under this regulation.
4
Subject to paragraph (5) below, the approval authority, on application under this regulation —
a
shall approve the meat products premises to which the application relates —
i
for the handling of meat products, other than those specified in sub-paragraphs (ii) to (iv) below, if the authority is satisfied that they comply with the requirements of Schedule 1 and Parts I, II , III , V and VII of Schedule 2;
ii
for the handling of meat products which contain a small percentage of meat, if the authority is satisfied that they comply with the requirements of Schedule 1 and with Parts II, III, V and VII of Schedule 2;
iii
for the pasteurisation or sterilisation of meat products in hermetically sealed containers, if the authority is satisfied that they comply with the requirements of Schedule 1 and with Part I (except in the case of meat products which contain a small percentage of meat) and Parts II, III, V and VII of Schedule 2, and in the case of products in hermetically sealed containers with the requirements of Part VIII of Schedule 2;
iv
for the manufacture of meat-based prepared meals, if the authority is satisfied that they comply with the requirements of Schedule 1 and with Part I (except in the case of meat-based prepared meals which contain a small percentage of meat) and Parts II, III, V, VII, and IX of Schedule 2; and
b
otherwise shall refuse to approve them for any of those purposes.
5
In the case of non-industrial meat products premises, the approval authority may issue an approval if the authority is satisfied that they comply with the provisions of —
a
Schedule 1;
b
Parts II, III and V of Schedule 2;
c
if they manufacture products in hermetically sealed containers, Part VIII of Schedule 2; and
d
if they manufacture meat-based prepared meals, Part IX of Schedule 2.
6
Each application for an approval under this regulation shall be made in writing by the occupier of, or a person proposing to occupy, the premises to which the application relates.
7
The approval authority shall notify the applicant in writing of the decision on an application under this regulation and of the reasons for any refusal to grant approval.
Approval of ambient stores, rewrapping centres and cold stores
5
1
After 31st December 1995 no person shall use any ambient store, rewrapping centre or cold store for the handling or storage of meat products unless —
a
it is approved under this regulation or licensed under the Hygiene Regulations; and
b
it complies with the appropriate requirements of Schedule 3.
2
No person shall despatch any meat products to a relevant EEA State from an ambient store, rewrapping centre or cold store which is not approved under this regulation.
3
The approval authority, on application under this regulation —
a
shall approve the premises to which the application relates —
i
as an ambient store for the storage of meat products if the authority is satisfied that the occupier will comply with the requirements of Part I of Schedule 3; and
ii
as a rewrapping centre for the handling or storage of meat products if the authority is satisfied that the occupier will comply with the requirements of Part II of Schedule 3; and
b
otherwise shall refuse to approve them for either of those purposes.
4
The approval authority on application under this regulation —
a
shall approve the premises to which the application relates as a cold store for the storage of meat products if they are already licensed as a cold store for the storage of fresh meat or fresh poultry meat; and
b
if the premises are not already so licensed, shall approve them as a cold store for the storage of meat products if the authority is satisfied that they comply with the requirements of Part III of Schedule 3; and
c
otherwise shall refuse to approve the premises as a cold store for the storage of meat products.
5
Each application for an approval under this regulation shall be made in writing by the occupier of, or a person proposing to occupy, the premises to which the application relates.
6
The approval authority shall notify the applicant in writing of the decision on an application under this regulation and of the reasons for any refusal to grant approval.
Revocation of approvals
6
1
Subject to paragraph (3) below and to regulation 7(3) below, the approval authority may revoke an approval granted by it in respect of any premises if it is satisfied —
a
that there is an obvious failure in respect of the premises to comply with these Regulations;
b
that there are obstacles to an adequate health inspection of the premises;
c
that the business carried on at the premises in respect of which the approval was granted is no longer being carried on there; or
d
that the premises have become exempt under regulation 3.
2
The approval authority shall give the occupier of the premises notice in writing —
a
of the authority’s decision to revoke the approval;
b
of the date on which the revocation is to take effect; and
c
of the reasons for revocation.
3
An approval may not be revoked under paragraph (1)(a) or (b) above unless there is in force in relation to the premises —
a
a prohibition order under section 11 of the Act; or
b
an emergency prohibition order under section 12,
and in consequence of compliance with the order meat products may no longer be handled or stored at the premises.
4
In paragraph (2) above “occupier”, in relation to a proposed revocation by virtue of paragraph (1)(c) above, where the premises are vacant, means the last person known to the enforcement authority to have carried on at the premises the business of producing, handling or storing meat products or other products of animal origin or his successor in respect of that business.
Right of appeal
7
1
Any person who is aggrieved by the refusal or revocation of an approval or by a special hygiene direction may appeal to a magistrates' court or, in Scotland, to the sheriff.
2
Section 37(3) to (6) of the Act shall have effect in relation to an appeal under this regulation as they have effect in relation to an appeal under that section but with the omission —
a
of the references to appeals for which provision is made by regulations under section 37(2); and
b
of subsection (5)(b) and the word “or” immediately preceding it.
3
A revocation shall not take effect until the time for appealing against it has expired and, if an appeal is lodged, until the appeal is finally disposed of or abandoned.
PART III
CONDITIONS FOR THE HANDLING, STORING AND MARKETING OF MEAT PRODUCTS
General
General conditions
8
No person shall sell for human consumption from approved meat products premises any meat product manufactured in Great Britain unless —
a
it has been handled and stored in accordance with the appropriate requirements of Schedule 1, 2 and 3;
b
it has been prepared from raw materials which complied with the requirements of Part III of Schedule 2;
c
it has been checked in accordance with regulation 13.
Information requirements
Wrapping etc.
9
No person —
a
shall sell for human consumption from approved meat products premises any meat product manufactured in Great Britain which is intended for consignment to a relevant EEA State; or
b
shall sell for human consumption any meat product handled or stored in Great Britain after 31st December 1995,
unless it has been wrapped, packaged or labelled at manufacturing premises in accordance with the provisions of Part V of Schedule 2 or at an approved rewrapping centre.
Health marking
10
1
No person shall sell for human consumption from approved meat products premises any meat product manufactured or rewrapped in Great Britain and intended for consignment to a relevant EEA State unless it carries the British EC health mark.
2
No person shall consign to a relevant EEA State any meat product which was imported into Great Britain and stored but not rewrapped there unless it carries —
a
if it was imported from a relevant EEA State, a mark applied in accordance with legislation having effect in that State and corresponding to the provisions of these Regulations relating to the British EC health mark; and
b
if it was imported from a third country, the health marking required under Directive 72/462/EEC .
3
No person shall sell for human consumption in Great Britain any meat product manufactured or rewrapped in Great Britain after 31st December 1995 unless it carries —
a
the British EC health mark; or
b
the British national health mark.
Indication of storage temperature and durability
11
No person —
a
shall sell for human consumption from approved meat products premises any packaged meat product which was manufactured in Great Britain after these Regulations come into force and is intended for consignment to a relevant EEA State, and which cannot be stored at an ambient temperature; or
b
shall sell for human consumption any packaged meat product which was handled or stored in Great Britain after 31st December 1995 and which cannot be stored at an ambient temperature,
unless the packaging carries —
i
a clear and legible indication of the temperature at which the product should be stored and transported; and
ii
the appropriate durability indication in accordance with the Food Labelling Regulations.
Storage and transportation
Storage and transportation conditions
12
1
No person shall sell for human consumption from approved meat products premises, any meat product manufactured in or imported into Great Britain after these Regulations come into force unless —
a
it is or has been handled, stored and transported in accordance with Part VII of Schedule 2 and, after 31st December 1995, if it is stored in a cold store separate from the meat products premises from which it is sold, that store has been approved; and
b
subject to sub-paragraph (c) below, it is accompanied during transportation by a health certificate signed by an authorised officer of the enforcement authority at the time of loading corresponding in form and content to that specified in Schedule 4 where —
i
it contains meat from a slaughterhouse situated in a region or area subject to prohibition or restriction under the Animal Health Act 1981 ;
ii
it contains meat bearing a special mark under regulation 14(2)(c) or (d) of the Fresh Meat (Hygiene and Inspection) Regulations 1992 ; or
iii
it is intended to be sent to a relevant EEA State after transit through a third country, in which case it shall be in a sealed means of transport;
c
where —
i
the product does not fall within sub-paragraph (b) above; and
ii
the exemption specified in paragraph (2) below does not apply,
it is accompanied during transportation by a commercial document which bears the official approval code of the meat products premises of origin.
2
The exemption mentioned in paragraph (1)(c)(ii) above is an exemption for meat products in hermetically sealed containers and having undergone one of the treatments referred to in paragraph B(a) of Part VIII of Schedule 2.
3
The enforcement authority may make a reasonable charge for the issue of any health certificate pursuant to paragraph (1)(b) above.
4
Any person who receives a consignment of meat products together with the commercial document referred to in paragraph (1)(c) above shall keep that document, and make it available for inspection by an authorised officer of the enforcement authority, when requested, for at least one year after receipt; in the case of meat products which cannot be stored at an ambient temperature, the period may be reduced to 6 months after the appropriate durability date of the product.
PART IV
CONDITIONS RELATING TO ALL ESTABLISHMENTS
Duties of occupier of establishment
13
1
The occupier of an establishment shall take all necessary measures to ensure that, at all stages of production or rewrapping of meat products and other products of animal origin, these Regulations are complied with and shall carry out his own checks to ensure —
a
that critical points in the establishment relative to the process used are identified and acceptable to the enforcement authority; and
b
that methods for monitoring and controlling such critical points are established and acceptable to the enforcement authority; and
c
if samples are taken for the purpose of checking cleaning and disinfection or for the purpose of checking compliance with the standards prescribed in Schedule 1, Part II paragraph A.1, that they are analysed or examined as appropriate in a laboratory acceptable to the enforcement authority; and
d
that as far as is reasonable and practicable a record in permanent form is kept and made available to an authorised officer of the enforcement authority upon request, and is kept in respect of the matters specified in sub-paragraphs (a) to (c) above for a period of at least two years; in the case of meat products which cannot be stored at an ambient temperature, the period may be reduced to 6 months after the minimum durability date of the product; and
e
that health marking is controlled and carried out properly; and
f
hat the enforcement authority is notified immediately when a laboratory examination of samples or any other information at the occupier’s disposal reveals a health risk; and
g
in the event of an imminent health risk, the withdrawal from the market of the quantity of products obtained under technologically similar conditions and likely to present the same risk; any quantity of the products so withdrawn shall be held under the supervision and control of the enforcement authority until it is destroyed, used for purposes other than human consumption, or, with the agreement of the enforcement authority, reprocessed in a manner appropriate to ensure it is safe for human consumption.
2
The occupier of an establishment shall ensure that workers at the establishment are given instruction and training with regard to hygiene matters, but the instruction and training given to a worker need only be such as is appropriate to any task undertaken by the worker.
PART V
PREPARED FOOD
Prepared food obtained from raw materials of animal origin
14
No person shall sell for human consumption any prepared food (other than a meat-based prepared meal) obtained from raw materials of animal origin and manufactured on approved premises unless —
a
that prepared food has been prepared in accordance with the requirements of Part II of Schedule 1;
b
that prepared food complies with the requirements of Part IX of Schedule 2; and
c
the preparation of that prepared food has been checked in accordance with regulation 13.
PART VI
REQUIREMENTS FOR OTHER PRODUCTS OF ANIMAL ORIGIN
Conditions for premises manufacturing other products of animal origin
15
No person shall manufacture other products of animal origin unless the premises where the manufacture takes place meet the requirements —
a
of Schedule 1; and
b
of Part I of Schedule 5,
and also —
i
in the case of rendered animal fats, greaves and by-products, the requirements of Part II of Schedule 5; and
ii
in the case of stomachs, bladders and intestines, the requirements of Part III of that Schedule.
Sale of other products of animal origin — meat not to have been declared unfit for human consumption
16
No person shall sell for human consumption other products of animal origin manufactured in Great Britain unless they have been derived from meat which has not been declared unfit for human consumption.
Transportation condition for other products of animal origin
17
1
No person shall sell for human consumption other products of animal origin unless they are accompanied during transportation by a commercial document which specifies the premises of origin.
2
Any person who receives a consignment of other products of animal origin together with the commercial document referred to in paragraph (1) above shall keep that document for at least one year after receipt, and make it available for inspection, when requested, by an authorised officer of the enforcement authority.
PART VII
TRANSITIONAL
Use of premises, tools and equipment for the preparation of meat products from meat without an EC health mark
18
Until the expiry of the derogations provided for in Directive 91/498/EEC the enforcement authority may in writing authorise the use of premises, tools and equipment which are used for the preparation of meat products from or with meat bearing an EC health mark for the preparation of meat products from or with other meat which is fit for human consumption, subject to the condition that the authority is satisfied that sufficient precautions will be taken to avoid misidentification as between products prepared from the former and the latter description of meat.
PART VIII
PENALTIES AND ENFORCEMENT
Supervision and enforcement
19
1
Subject to paragraph (2) below, a food authority shall be responsible in its area for the supervision of establishments which fall within these Regulations (and shall accordingly be responsible through authorised officers for checks under Part IV of Schedule 2) and shall be responsible also for enforcing and executing these Regulations in relation to any such establishments.
2
On 1st April 1995 the responsibilities mentioned in paragraph (1) above are transferred to the Minister, so far as they relate to combined premises.
3
Accordingly, in these Regulations “enforcement authority”, in relation to any premises, means the authority that has those responsibilities by virtue of paragraph (1) or (2) above.
Offences and penalties
20
1
If —
a
a person (other than an approval authority or enforcement authority) contravenes any provision of these Regulations; or
b
the occupier of any establishment fails to take all reasonable steps to secure the compliance by any person employed by him or any person admitted to that establishment with any provision of these Regulations,
he shall be guilty of an offence and shall be liable —
i
on summary conviction, to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
2
No prosecution for such an offence shall commence after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
Application of various sections of Food Safety Act 1990
21
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed as a reference to the Regulations —
section 2 (extended meaning of “sale” etc.);
section 3 (presumption that food is intended for sale for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 33 (obstruction, etc. of officers);
section 36 (offences by bodies corporate);
section 44 (protection of officers acting in good faith).
Information to be provided by food authorities
22
Every food authority shall provide the Minister with such information relating to the execution of its duties under these Regulations as the Minister may from time to time require.
PART IX
MISCELLANEOUS AND SUPPLEMENTARY
Meat products and other products of animal origin from Northern Ireland, the Isle of Man and the Channel Islands
23
1
The places to which this regulation applies are Northern Ireland, the Isle of Man or the Channel Islands.
2
No person —
a
shall sell for human consumption from approved meat products premises —
i
any meat product; or
ii
any other product of animal origin,
which has been handled or stored in a place to which this regulation applies and which is intended for consignment to a relevant EEA State; or
b
shall sell for human consumption any meat product or other product of animal origin which has been handled or stored in a place to which this regulation applies after 31st December 1995,
unless any handling or storing of that product in that place was in accordance with legislation having effect in that place and corresponding to these Regulations.
3
No person shall sell for human consumption in Great Britain any meat product which has been handled after 31st December 1995 in a place to which this regulation applies unless it carries the relevant EC health mark or the relevant national health mark.
4
In this regulation “the relevant EC health mark” and “the relevant national health mark”, in relation to any place to which this regulation applies, mean a mark applied in accordance with legislation having effect in that place and corresponding to the provisions of Part VI of Schedule 2 or paragraph 2 of Part II of Schedule 3 relating to the British EC health mark or (as the case may be) the British national health mark.
Amendments
24
1
After regulation 4A(b) of the Food Hygiene (Docks, Carriers, etc.) Regulations 1960 , there shall be inserted —
c
the Meat Products (Hygiene) Regulations 1994.
.
2
At the end of sub-paragraph (b)(iv) of the definition of “food business” in regulation 2 of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 there shall be added —
or
i
to which the Meat Products (Hygiene) Regulations 1994 apply;
.
3
At the end of regulation 3(2)(b) of the Food Hygiene (General) Regulations 1970 there shall be added —
iv
the Meat Products (Hygiene) Regulations 1994;
.
4
At the end of regulation 3(2)(e) of the Food Premises (Registration) Regulations 1991 there shall be added “or an approval is required under regulation 4 or 5 of the Meat Products (Hygiene) Regulations 1994;”.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
17th November 1994
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State for Health
17th November 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
17th November 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
21st November 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Pensions (Home Responsibilities) Regulations 1994, and shall come into force on 6th April 1994.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Contributions and Benefits Act 1992;
“child benefit” means child benefit within the meaning of section 141 of the Act;
“Personal Injuries Scheme”, “Pneumoconiosis and Byssinosis Benefit Scheme”, “Service Pensions Instrument” and “1914-1918 War Injuries Scheme” have the same meaning as assigned to them in regulation 2 of the Social Security (Overlapping Benefits) Regulations 1979 ;
“year” means tax year.
Preclusion from regular employment for the purpose of paragraph 5(7)(b) of Schedule 3 to the Act
2
1
For the purpose of paragraph 5(7)(b) of Schedule 3 to the Act a person shall, subject to paragraph (5) below, be taken to be precluded from regular employment by responsibilities at home in any year —
a
throughout which he satisfies any of the conditions specified in paragraph (2) below;
b
throughout which he satisfies the conditions specified in paragraph (3) below; or
c
in which he satisfies, for part of the year, any of the conditions specified in paragraph (2) below and for the remainder of the year, the condition specified in paragraph (3)(a) below.
2
The conditions specified in this paragraph are —
a
that child benefit awarded to him was payable in respect of a child under the age of 16;
b
that —
i
as a person to whom paragraph 4 of Schedule 1 to the Income Support (General) Regulations 1987 applies he is not required to be available for employment, and
ii
income support is payable to him.
3
The conditions specified in this paragraph are —
a
that he was regularly engaged, for at least 35 hours per week, in caring for a person in respect of whom there was payable any of the benefits specified in paragraph (4) below;
b
that those benefits were payable to that person for at least 48 weeks in that year.
4
The benefits referred to in paragraph (3) above are an attendance allowance under section 64 of the Act, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72 of the Act, a constant attendance allowance under any Service Pensions Instrument, Personal Injuries Scheme or 1914-1918 War Injuries Scheme, an increase of disablement pension under section 104 of the Act in respect of constant attendance and any benefit corresponding to such an increase under a Pneumoconiosis and Byssinosis Benefit Scheme or under Regulations under paragraph 7(2) of Schedule 8 to the Act.
5
Except where paragraph (6) below applies, paragraph (1) above shall not apply in relation to any year —
a
if the person in question is a woman who has made or is treated as having made an election in accordance with regulations having effect under section 19(4) of the Act and that election had effect at the beginning of that year; or
b
if the person in question does not furnish such information as the Secretary of State may from time to time require which is relevant to the question of whether in that year he was, within the meaning of these Regulations, precluded from regular employment by responsibilities at home.
6
This paragraph applies to a woman who throughout the period beginning on 6th April 1975 and ending on 5th April 1980 —
a
had no earnings in respect of which primary Class 1 contributions were payable; and
b
was not at any time a self-employed earner.
Revocations
3
The provisions specified in Columns (1) and (2) of the Table in the Schedule to these Regulations are hereby revoked to the extent specified in Column (3) of that Table.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,
Department of Social Security
11th March 1994


text:
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in History) (England) (Amendment) Order 1994 and shall come into force on 1st August 1994.
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in History) (England) Order 1991 is amended as follows:
a
in article 1(1) for “articles 2 to 5” there is substituted “articles 2 to 4”;
b
in article 1(3) for “, third and fourth” there is substituted “and third” and for “(a) to (d)” there is substituted “(a) to (c)”;
c
article 5 is omitted;
d
in article 6 after “history” there is inserted “in the first, second and third key stages”;
e
in article 7 for “each key stage” there is substituted “the first, second and third key stages” and paragraph (d) and the word “and” preceding it are omitted;
f
in article 8(1) “Subject to paragraph (2),” and paragraph (2) are omitted;
g
after article 8, there is inserted the following article —
8A
In the Document, the references to key stage 4 in the contents and title pages are omitted; in attainment targets 1, 2 and 3 the statements of attainment for levels 8-10 are omitted; and the programmes of study (Models 1 and 2) for the fourth key stage are omitted.
; and
h
in the Schedule “Fourth key stage” in column 1 and “Either Model 1 or Model 2 as set out in the Document” in column 2 are omitted.
John Patten
Secretary of State for Education
6th July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Queen Mary’s Sidcup National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 6th October 1994.
2
In this Order —
“the Authority” means the Bexley and Greenwich Health Authority;
“the Trust” means the Queen Mary’s Sidcup 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 20th May 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
8th September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lincoln District Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 16th November 1994.
2
In this Order —
“the Authority” means the Lincolnshire Health Authority;
“the Trust” means the Lincoln District Healthcare 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 26th August 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th November 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
18th October 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994 and shall come into force on 13th April 1995.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered paragraph, regulation or Schedule is a reference to the paragraph, regulation or Schedule bearing that number in the Social Security (Claims and Payments) Regulations 1987 .
Amendment of regulation 3
2
Paragraph (f) of regulation 3 (claims not required for entitlement to benefit in certain cases) shall be omitted.
Amendment of regulation 10
3
In regulation 10 (claim for sickness benefit etc. where no entitlement to statutory sick pay or statutory maternity pay), for the words before the words “or severe disablement allowance” there shall be substituted the words–
Claim for incapacity benefit or severe disablement allowance where no entitlement to statutory sick pay or statutory maternity pay
10
1
Paragraph (2) applies to a claim for incapacity benefit
.
Amendment of regulation 11
4
In regulation 11 (special provisions where it is certified that a woman is expected to be confined or where she has been confined), for the words “sickness or invalidity benefit” in both places where they occur there shall be substituted the words “incapacity benefit”.
Amendment of regulation 15
5
In paragraph (5) of regulation 15 (advance notice of retirement and claim for and award of pension), for the words “sickness, invalidity” there shall be substituted the words “incapacity benefit”.
Amendment of regulation 16
6
In paragraph (4) of regulation 16 (date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate), for the words “sickness benefit, invalidity benefit” there shall be substituted the words “incapacity benefit”.
Amendment of regulation 18
7
In paragraph (2) of regulation 18 (duration of disallowance) the words “sickness benefit, invalidity benefit or severe disablement allowance has the same meaning as in paragraph 2(c) of Schedule 4 and a “continuation claim” for” shall be omitted.
Amendment of regulation 21
8
In paragraph (6) of regulation 21 (direct credit transfer), for the words “sickness benefit, invalidity benefit” there shall be substituted the words “incapacity benefit”.
Substitution of regulation 24
9
For regulation 24 (unemployment benefit, sickness or invalidity benefit, maternity allowance and severe disablement allowance) there shall be substituted the following regulation–
Unemployment benefit, incapacity benefit, maternity allowance and severe disablement allowance
24
1
Subject to regulation 21 and paragraphs (2) and (3), unemployment benefit, incapacity benefit and severe disablement allowance shall be paid fortnightly in arrears unless, in any particular case, the Secretary of State arranges otherwise.
2
Subject to regulation 21 and paragraph (3), incapacity benefit and severe disablement allowance shall be paid weekly in arrears where–
a
immediately before 13th April 1995 a person was entitled to sickness benefit, invalidity benefit or severe disablement allowance and–
i
in the case of severe disablement allowance, there has been no break in the entitlement to that benefit on or after that date;
ii
in the case of sickness benefit and invalidity benefit, there has been no break in the entitlement to incapacity benefit on or after that date;
b
a claim for incapacity benefit or severe disablement allowance is made on or after 13th April 1995 and immediately before the date of the claim income support on the grounds of incapacity for work was being paid weekly.
3
If the weekly amount of incapacity benefit or severe disablement allowance is less than £1.00 it may be paid in arrears at intervals of 4 weeks.
4
Maternity allowance shall be paid on Friday in the week for which it is payable unless in any particular case the Secretary of State arranges otherwise.
.
Amendment of Schedule 1
10
1
Part 1 of Schedule 1 (other benefit which may be treated as if claimed in addition or in the alternative to the benefit claimed) shall be amended in accordance with the following provisions of this regulation.
2
For the words “Sickness benefit” and “Invalidity benefit” in column (1) and for the respective entries opposite those words in column (2) there shall be substituted–
Incapacity benefit Severe disablement allowance.
.
3
For the entry in column (2) opposite the words “Unemployment benefit” in column (1) there shall be substituted–
Unemployability supplement or invalid care allowance.
.
4
For the entry in column (2) opposite the words “Severe disablement allowance” in column (1) there shall be substituted–
Incapacity benefit.
.
5
For the entry in column (2) opposite the words “An increase of unemployment benefit” in column (1) there shall be substituted–
An increase of invalid care allowance.
.
6
For the words “Sickness benefit for a woman” and “Invalidity benefit for a woman” in column (1) and for the respective entries opposite those words in column (2) there shall be substituted–
Incapacity benefit for a woman Maternity allowance.
.
7
For the entry in column (2) opposite the words “Maternity allowance” in column (1) there shall be substituted–
Incapacity benefit or severe disablement allowance.
.
8
For the words “An increase of sickness benefit or invalidity pension” in column (1) there shall be substituted–
An increase of incapacity benefit.
.
9
For the entry in column (2) opposite the words “An increase of severe disablement allowance” in column (1) there shall be substituted–
An increase of incapacity benefit.
.
Amendment of Schedule 3
11
1
Schedule 3 (duration of disallowance) shall be amended in accordance with the following provisions of this regulation.
2
For the words “Sickness benefit or unemployment benefit.”, in column (1) and for the entry opposite those words in column (2) there shall be substituted–
Unemployment benefit.
The contribution condition in paragraph 1(2) of Schedule 3 to the Social Security Contributions and Benefits Act 1992 is not satisfied; or
although that condition is satisfied, the contribution condition in paragraph 1(3) of that Schedule is not satisfied.
.
3
The words “Invalidity benefit.” and “Severe disablement allowance.” in column (1) and the respective entries opposite those words in column (2) shall be omitted.
Amendment of Schedule 4
12
For paragraph 2 of Schedule 4 (prescribed times for claiming benefit) there shall be substituted the following paragraph–
2
Incapacity benefit or severe disable– ment allowance.
The day in respect of which the claim is made and the period of 1 month immedi– ately following it.
.
Amendment of Schedule 5
13
In paragraph 2 of Schedule 5 (variation of prescribed times under Schedule 4), for the words before the words “or severe disablement allowance” there shall be substituted the words–
Incapacity benefit or severe disablement allowance claimed by hospital in–patient
2
1
Where it is being determined whether the provisions of regulation 19(2) (good cause) have been satisfied by a person who is, or has been, an in–patient in a hospital and who makes a claim for incapacity benefit
.
Amendment of Schedule 7
14
1
Schedule 7 (manner and time of payment, effective date of change of circumstances and commencement of entitlement in income support cases) shall be amended in accordance with the following provisions of this regulation.
2
In sub–paragraph (b) of paragraph 2, for the words “sickness or invalidity benefit or severe disablement allowance and is not a person to whom section 23 of the Social Security Act 1986 (trade disputes) applies” there shall be substituted the words “incapacity benefit or severe disablement allowance and is not a person to whom section 126 of the Social Security Contributions and Benefits Act 1992 (trade disputes) applies”.
3
In paragraph 3–
a
in sub–paragraph (1), after the words “Subject to” there shall be inserted the words “sub–paragraph (1A) and to”;
b
after sub–paragraph (1) there shall be inserted the following sub–paragraph–
1A
Subject to sub–paragraph (2), where income support is paid to a person on the grounds of incapacity for work, that entitlement commenced on or after 13th April 1995, and no relevant social security benefit is paid to that person, the income support shall be paid fortnightly in arrears.
.
4
In paragraph 4, in the definition of “relevant social security benefit”, for the words “sickness benefit, invalidity benefit” there shall be substituted the words “incapacity benefit”.
Amendment of Schedule 9
15
In paragraph 1 of Schedule 9 (deductions from benefit and direct payment to third parties), in the definition of “specified benefit”, for the words “sickness or invalidity benefit” there shall be substituted the words “incapacity benefit”.
Amendment of Schedule 9A
16
In sub–paragraph (1) of paragraph 5 of Schedule 9A (deductions of mortgage interest from benefit and payment to qualifying lenders), for the words “sickness benefit, invalidity benefit” there shall be substituted the words “incapacity benefit”.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
21st November 1994


text:
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No.6) Order 1994, and shall come into force on 1st February 1995.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) (No.4) Order 1994 is revoked.
3
The Child Abduction and Custody (Parties to Conventions) Order 1993 is amended by deleting the Schedule and substituting therefor the following —
SCHEDULE
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25TH OCTOBER 1980
Article 2
Contracting States to the Convention Territories specified in Declarations under Articles 39 or 40 of the Convention Coming into force as between the United Kingdom and the State or Territory
The Bahamas — 1st January 1994 Bosnia and Herzegovina — 7th April 1992 Chile — 1st May 1994 Croatia — 1st December 1991 Cyprus — 1st February 1995 Finland — 1st August 1994 Honduras — 1st March 1994 Macedonia — 1st December 1991 Panama — 1st May 1994 Slovenia — 1st June 1994 St. Kitts and Nevis — 1st August 1994
R. P. Bulling
Deputy Clerk of the Privy Council


text:
1
The York City Council (Foss Bank Bridge) Scheme 1993 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hreinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the Department of Transport, 43 Marsham Street, London SW1 3PY and at the offices of York City Council at Guildhall, York.
3
The Scheme will become operative on the date on which Notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the York City Council (Foss Bank Bridge) Scheme 1993 Confirmation Instrument 1994.
Signed by authority of them Secretary of State for Transport
Pamela Denham
Regional Director
Government Office for the North East
1st August 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Amendment Order 1994 and shall come into force on 12th October 1994.
2
In this Order, “the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Order 1984 .
3
In this Order, a reference to inserting an entry in a column in a Table of a Schedule to the principal Order shall be construed, in the case of an entry to be inserted in column 1, as a reference to inserting that entry at the appropriate point in the alphabetical order of the entries in column 1 of that Table and (except where the context otherwise requires), in the case of an entry to be inserted (as the case may be) in column 2, 3 or 4 of that Table, as a reference to inserting that entry so as to appear against the column 1 entry against which it is listed in Schedule 1, or, as the case may be, Schedule 2 to this Order.
Amendment of article 1(2) of the principal Order
2
In article 1(2) of the principal Order (interpretation), after the definition of “dosage unit” there is inserted the following definition —
“effervescent”, in relation to a tablet, means containing not less than 75 per cent., by weight of the tablet, of ingredients included wholly or mainly for the purpose of releasing carbon dioxide when the tablet is dissolved or dispersed in water;
.
Amendment of Schedule 1 to the principal Order
3
1
Schedule 1 to the principal Order (which specifies the class of medicinal products, other than products the subject of a product licence of right, on general sale by virtue of article 2(a) of that Order) is amended in accordance with the following provisions of this article.
2
In Table A (internal or external use) —
a
there are inserted in column 1 and, as the case may be, columns 2, 3 and 4, those entries set out in columns 1, 2, 3 and 4 respectively of Schedule 1 to this Order;
b
in relation to the substance “Aspirin” —
i
there is inserted in column 2 the entry “(3) 500 mg”,
ii
there is substituted, for the entry “(1) Tablet or capsule” in column 3, the entry “(1) Tablet (except effervescent tablet) or capsule” and
iii
there is inserted in column 3 the entry “(3) Effervescent tablets”;
c
there are omitted the entry “Capsicum Oleoresin” in column 1 and the entries in relation to it in columns 2, 3 and 4;
d
in relation to the substance “Chlorbutol” —
i
there is inserted in column 2 the entry “(4) 7.0 per cent.”,
ii
there is substituted, for the entry “(3) External” in column 3, the entry “(3) External (except toothache gel)”, and
iii
there is inserted in column 3 the entry “(4) External: toothache gel”;
e
for the entry “Cranesbill Root” in column 1, there is substituted the entry “Cranesbill (Geranium)”;
f
for the entry “Dandelion Root” in column 1, there is substituted the entry “Dandelion”;
g
in relation to the substance “Ferrous Sulphate”, there is inserted in column 2 the entry
2
15.8 per cent. (Fe SO4 7H2O)
, and in column 3 the entries
1
Internal: except for use as cyanide antidote
2
Internal: for use as cyanide antidote only
,
and for the entry in column 4 there is substituted the entry
1
Equivalent to 24 mg elemental Iron (MD)
;
h
in relation to the substance “Nicotinamide”, there is inserted in column 4 the entry “300 mg (MDD)”;
i
in relation to the substance “Nicotinic Acid”, there is inserted in column 4 the entry “100 mg (MDD)”;
j
in relation to the substance “Salicylic Acid”, there is inserted in column 2 at the end the entry “(h) 3.0 per cent.” and there are inserted in column 3 at the end the entries “(h) soap” and “(i) wart plasters”;
k
in relation to the substance “Zinc Oxide”, for the entry in column 4 there is substituted the entry “Equivalent to 5 mg elemental Zinc (MDD)”; and
l
in relation to the substance “Zinc Sulphate”, for the entry in column 4 there is substituted the entry “(1) Equivalent to 5 mg elemental Zinc (MDD)”.
3
In Table B (external use only) —
a
there are inserted in column 1 and, as the case may be, columns 2 and 3, those entries set out in columns 1, 2 and 3 respectively of Schedule 2 to this Order;
b
there are omitted the entries “Hamamelis” and “Siberian Fir Oil” in column 1;
c
there are omitted the entry “Lignocaine” in column 1 and the entry “0.6 per cent” in relation to it in column 2;
d
there are omitted the entry “Lignocaine Hydrochloride” in column 1 and the entry “0.7 per cent” in relation to it in column 2;
e
in relation to the substance “Povidone-Iodine”, for the entry in column 3 there is substituted the entry “All preparations except those for use in surgical operations and those for vaginal use”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
16th September 1994
John Redwood
Secretary of State for Wales
6th September 1994
Allan Stewart
Parliamentary Under Secretary of State, The Scottish Office
6th September 1994
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
F. A. Elliott
Permanent Secretary
7th September 1994.


text:
Citation and commencement
1
This Order may be cited as the Rent Officers (Additional Functions) (Amendment) Order 1994 and shall come into force on 1st April 1994.
Amendments to the 1990 Order
2
The Rent Officers (Additional Functions) Order 1990 is amended as follows —
a
for paragraphs (3) and (4) of article 5 substitute —
3
No determination shall be made under paragraph 2A of Schedule 1 if the tenancy is of residential accommodation (within the meaning of regulation 7(3) of the Housing Benefit (General) Regulations 1987 ) or a hostel (within the meaning of regulation 12A of those Regulations ).
;
b
in Schedule 1 —
i
insert after paragraph 2 —
2A
1
The rent officer shall determine whether, in his opinion, the rent payable for the tenancy of the dwelling at the relevant time is exceptionally high having regard to the levels of rent under assured tenancies in the registration area in which the dwelling is situated.
2
In sub-paragraph (1) —
“registration area” has the same meaning as in Part IV of the Rent Act 1977 , and
“rent payable for the tenancy” means —
where a determination is made under sub-paragraph (2) of paragraph 2, the rent determined under that sub-paragraph,
where no determination is so made and a determination is made under sub-paragraph (2) of paragraph 1, the rent determined under that sub-paragraph, and
in any other case, the rent payable under the tenancy.
3
If the rent officer —
a
determines under sub-paragraph (1) that the rent is exceptionally high, and
b
is satisfied that, for the purposes of making comparisons, there is a sufficient number of dwellings in the same locality —
i
which have the same number of bedrooms and other rooms suitable for living in as the dwelling, (or, in a case where the dwelling does not accord with the size criteria for the occupiers, the same number of such bedrooms and other rooms as do so accord),
ii
which are in a reasonable state of repair, and
iii
which are let on assured tenancies at rents which are not exceptionally high rents,
the rent officer shall also determine the highest rent, which is not an exceptionally high rent, for a tenancy of such a dwelling which a landlord might reasonably have been expected to obtain at the relevant time (on the same assumption as in paragraph 1(1)).
4
When considering for the purposes of sub-paragraph (3) whether a rent is an exceptionally high rent, the rent officer shall have regard to the same matter as in sub-paragraph (1).
5
In this paragraph “assured tenancy” has the same meaning as in Part I of the Housing Act 1988 except that it includes a tenancy which would be an assured tenancy but for paragraph 2 or 10 of Schedule 1 to that Act and a licence which would be an assured tenancy (within the extended meaning given by this paragraph) were it not a licence.
;
ii
in paragraph 3(1) for “paragraph 1(2), 2(2) or (where no determination is to be made under paragraph 1(2)) paragraph 1(1)” substitute —
a
paragraph 1(1) (where no determination is to be made under paragraph 1(2), 2(2) or 2A(3)),
b
paragraph 1(2) (where no determination is to be made under paragraph 2(2) or 2A(3)),
c
paragraph 2(2) (where no determination is to be made under paragraph 2A(3)), or
d
paragraph 2A(3)
;
iii
in paragraph 3(2) for “a determination under paragraph 1(2) or 2(2), means the rent determined under paragraph 1(2) or 2(2)” substitute “a determination under paragraph 1(2), 2(2) or 2A(3), means the rent determined under paragraph 1(2), 2(2) or 2A(3)”; and
iv
in paragraph 5 for “paragraph 1 or 3” substitute “paragraph 1, 2A or 3”; and
c
in paragraph 1(a) of Schedule 2 for “(within the meaning of Part II of the Social Security Act 1986)” substitute “(within the meaning of Part VII of the Social Security Contributions and Benefits Act 1992)” .
Amendment of 1993 Order
3
Omit paragraph (c) of article 2 of the Rent Officers (Additional Functions (Amendment) Order 1993 and the word “and”immediately preceding that paragraph.
Transitional provision
4
The amendments made by this Order do not have effect in a case where —
a
an application is made for a determination before the date this Order comes into force, or
b
an application is made for a re-determination where the determination was made before this Order comes into force.
Signed by authority of the Secretary of State
G.S.K. Young
Minister of State,
Department of the Environment
2nd March 1994
John Redwood
Secretary of State for Wales
6th March 1994


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) (No.2) Order 1993 (Partial Revocation No. 3) Order 1994 and shall come into force on 1st October 1994.
Partial revocation
2
The Food Protection (Emergency Prohibitions) (Oil and Chemical Pollution of Fish) (No.2) Order 1993 is hereby revoked except insofar as it applies in relation to mussels (Mytilis edulis) , scallops (Pecten maximus) , queen scallops (Chlamys opercularis) and Norway lobsters (Nephrops norvegicus) .
A J Matheson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
30th September 1994


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Nitrate Sensitive Areas Regulations 1994 and shall come into force on 26th July 1994.
2
These Regulations shall extend to England only.
Interpretation
2
1
In these Regulations, unless the context otherwise requires:
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping and freshwater fish farming, the use of land as grazing land, osier land, reed beds, market gardens and nursery grounds, and “agricultural” shall be construed accordingly;
“autumn sown” in relation to cereals or oilseed rape means a variety of cereals or oilseed rape normally sown between 31st July in one year and 1st January in the following year;
“basic scheme” means the scheme under which a farmer gives the Minister the undertakings set out in Schedules 2 and 3;
“controlled waters” means the waters referred to in section 104(1) of the Water Resources Act 1991 ;
“cover crop” means a crop sown primarily in order to take up nitrogen from the soil;
“crop requirement” means the amount of nitrogen in the form of inorganic nitrogen fertiliser applied in any year, such that if extra inorganic nitrogen fertiliser were applied in that year, having regard to the crop in question and the characteristics of the land on which it was planted and taking account of any applications of organic manure, the cost of that fertiliser would be greater than the value of the additional crop produced;
“farmer” means a person who has an interest in agricultural land in a nitrate sensitive area or is a party to a share farming agreement in respect of land in a nitrate sensitive area;
“grassland” means land on which the vegetation consists predominantly of grass species;
“holding” means land which is occupied as a unit for agricultural purposes;
“inorganic nitrogen fertiliser” means material containing nitrogen, in which the main function of the nitrogen is to provide plant food, and in which the nitrogen is in the form of inorganic salts obtained by any process including extraction, physical industrial processes, chemical industrial processes, or a combination of any or all of these, and includes calcium cyanamide, and urea and its condensation products;
“intensive grassland” means grassland which receives more than 250kg per hectare of nitrogen in the form of inorganic nitrogen fertiliser in any year;
“livestock unit” means —
6.66 sheep,
6.66 goats,
one bovine animal more than two years old,
1.66 bovine animals from six months old to two years old inclusive, or
one horse or pony more than six months old, or
4.35 farmed deer;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“nitrate sensitive area” means any of the areas referred to in Schedule 1 and more particularly shown coloured pink on the maps contained in the volume of maps marked “Volume of maps of Nitrate Sensitive Areas” dated, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London SW1P 3JR;
“nitrogen fertiliser” means inorganic nitrogen fertiliser and organic nitrogen fertiliser;
“organic nitrogen fertiliser” means animal manure, sewage sludge or any other organic products containing nitrogen, but excluding calcium cyanamide, and urea and its condensation products;
“original occupier” shall be construed in accordance with regulation 13(1)(c);
“original undertakings” shall be construed in accordance with regulation 12(1)(a);
“permanent crop” means any non-rotational crop (other than permanent pasture) which occupies the ground for five years or longer and which yields repeated harvests;
“permanent grassland” includes moorland, rough grazing, pasture, and any other land which has been in grass for more than five years on 31st December 1991;
“premium arable scheme” means the scheme under which a farmer gives the Minister the undertakings set out in Schedules 2 and 4;
“premium grass scheme” means the scheme under which a farmer gives the Minister the undertakings set out in Schedules 2 and 5;
“sandy” in relation to soil means soil which contains —
more than 50 per cent by weight of sand sized particles (that is particles more than 0.06 millimetres and less than 2 millimetres in diameter),
less than 18 per cent by weight of clay sized particles (that is particles less than 0.02 millimetres in diameter), and
less than 6 per cent by weight of organic carbon;
“scheme” (except in the phrase “aid scheme” in the definition in this regulation of “set-aside land”) means a scheme for the payment of aid under these Regulations, being the basic scheme, the premium arable scheme or the premium grass scheme;
“set-aside land” means land set aside in accordance with an aid scheme established by Article 1 of Council Regulation ( EEC ) 1703/91 , or under Article 2 of Council Regulation (EEC) 2328/91 or in accordance with Article 7 of Council Regulation (EEC) 1765/92 ;
“share farming agreement” means an agreement in writing 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 agreement, revenues from such sale;
“slurry” means animal manure with a dry matter content by weight of less than 15 per cent at any time;
“stocking level” means the average daily number of livestock grazing the land in the period of 12 months ending on the day in question;
“undertaking” in relation to a farmer means any undertaking given by him in connection with an application for aid under these Regulations;
“vegetable brassica crop” means Brassica oleracea, including cabbage, cauliflower, calabrese and Brussels sprouts.
2
Any reference in these Regulations to a nitrate sensitive area by any name appearing in an entry in column (1) of Schedule 1 is a reference to the nitrate sensitive area shown on the map in the “Volume of maps of Nitrate Sensitive Areas” referred to in the definition of “nitrate sensitive area” in paragraph (1) bearing the number in the corresponding entry in column (2) of Schedule 1.
3
Any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Aid for farmers in nitrate sensitive areas
3
Subject to the provisions of these Regulations, the Minister may make payments of aid to any farmer where —
a
the land in respect of which application for aid is made and the farmer satisfy the qualifying conditions set out in regulation 4;
b
the land in respect of which application for aid is made is eligible, in accordance with regulation 5, for payment under the scheme in respect of which application for aid is made;
c
the farmer makes an application for aid in accordance with regulation 6;
d
the farmer gives to the Minister such of the undertakings mentioned in regulation 7 as relate to the application;
e
the Minister has accepted the application for aid in accordance with regulation 8; and
f
the farmer submits a claim in accordance with regulation 10.
Qualifying conditions for land and farmer
4
1
The qualifying conditions referred to in regulation 3(a) are that the land is in a nitrate sensitive area and that —
a
the land is occupied by the farmer or on his behalf for agricultural purposes and he is the owner of the freehold interest in the land; or
b
the land is occupied by the farmer or on his behalf for agricultural purposes and he has —
i
an interest in the land as a tenant, and
ii
subject to paragraph (2), the consent in writing of his landlord to him making the application; or
c
the farmer is a party to a share farming agreement in respect of the land and —
i
the application is made jointly by all the parties to the share farming agreement (“the applicants”),
ii
the applicants have entered into the share farming agreement for a period of five years or more from the date the undertakings given or to be given by the applicants would commence, and
iii
where the owner of the freehold interest is not an applicant, the applicants have the consent in writing of the owner of the freehold interest to the applicants making the application.
2
A farmer may make an application in respect of land in a nitrate sensitive area where the farmer holds a tenancy in the land from a landlord who has given his consent in writing to the giving of the undertakings required by these Regulations notwithstanding the fact that the farmer has other land in that nitrate sensitive area which he holds under a tenancy from a landlord who has not given his consent in writing to the giving of the undertakings required by these Regulations.
3
A farmer who is a tenant and his landlord may make a joint application for aid under these Regulations notwithstanding the fact that the land is not occupied by the landlord or on his behalf for agricultural purposes.
Land which is eligible for aid
5
1
For the purposes of regulation 3(1)(b) land in a nitrate sensitive area is eligible for payments of aid under a scheme if, at the date the undertakings mentioned in regulation 7 are to take effect, it satisfies the condition set out in whichever one of the following paragraphs applies to that scheme.
2
In respect of the basic scheme, the condition is that, since 31st December 1991, but except for such period as it has been set-aside land, the land has been used only for the production of any agricultural crop other than —
a
a permanent crop; or
b
grass grown for more than five consecutive years.
3
In respect of the premium arable scheme, the condition is that, since 31st December 1991, but except for such period as it has been set-aside land, the land has not been woodland or permanent grassland and has been used only for the production of any agricultural crop other than —
a
a permanent crop; or
b
grass grown for more than one consecutive year.
4
In respect of the premium grass scheme, the condition is that the land is grassland which has been receiving more than 250kg of nitrogen in the form of inorganic nitrogen fertiliser per hectare per year in each of the three years immediately preceding the date when the undertakings given or to be given in respect of it are to commence.
Applications for aid
6
An application for aid under these Regulations shall be made at such time and in such form as the Minister reasonably may require and shall include —
a
a map in a form approved by the Minister showing —
i
the land in respect of which the farmer proposes to give undertakings to the Minister in accordance with sub-paragraph (b) of regulation 7, and
ii
all land within the nitrate sensitive area which forms part of the farmer’s holding;
b
a description of the use or uses of the land described in sub-paragraphs (a)(i) and (a)(ii) above;
c
a description of the use or uses the farmer intends for the land described in sub-paragraph (a)(i) above if the Minister accepts the farmer’s application for aid under these Regulations; and
d
such evidence as the Minister may reasonably require of the farmer’s interest in the land described in sub-paragraph (a)(i) above.
Undertakings by farmer
7
The undertakings referred to in regulation 3(1)(d) are undertakings that the farmer will, for a period of five consecutive years commencing on 1st October in the year in which his application for aid is made —
a
comply with the requirements set out in Schedule 2 in relation to all land which is in the nitrate sensitive area and which is on the farmer’s holding;
b
subject to the following sub-paragraphs of this regulation, comply, in relation to each field or part field in respect of which the application is made, with the requirements set out in whichever of Schedules 3, 4 or 5 is appropriate for the scheme for which application is made, namely —
i
where the application is for aid under the basic scheme, Schedule 3 (including the requirements of either Option A or Option B in that Schedule),
ii
where the application is for aid under the premium arable scheme, Schedule 4 (including the requirements of one of Options A, B, C or D in that Schedule),
iii
where the application is for aid under the premium grass scheme, Schedule 5;
c
where the application is for aid under the basic scheme, comply with the requirements set out in paragraph (8) of Schedule 3 in relation to all land which is in the nitrate sensitive area and which is on the farmer’s holding;
d
where the application is for aid under the premium arable scheme, comply with the requirements set out in paragraph (2) of Schedule 4 in relation to all land which is in the nitrate sensitive area and which is on the farmer’s holding; and
e
where the application is for aid under the premium grass scheme, comply with the requirements set out in paragraph (6) of Schedule 5 in relation to all land which is in the nitrate sensitive area and which is on the farmer’s holding.
Restrictions on acceptance of applications for aid
8
1
The Minister shall refuse any application for aid under —
a
the premium arable scheme unless the application relates to —
i
a whole field or fields,
ii
a part field or part fields of not less than four hectares in each case, or
iii
a combination of the above;
b
the basic scheme or premium grass scheme unless the application relates to —
i
a whole field or fields,
ii
a part field or part fields where the remaining part of each field is subject to an application for aid under the premium arable scheme which the Minister has accepted, or
iii
a combination of the above.
2
The Minister may refuse an application for aid under these Regulations if she is satisfied that —
a
the farmer will be unable to comply with his undertakings throughout the whole of the period for which they are given; or
b
the undertakings given by the farmer will not be effective in preventing, to the extent contemplated by the Minister in establishing the scheme in respect of which the application is made, the entry of nitrate into controlled waters.
3
Where the Minister is satisfied that —
a
the farmer will be unable to comply with his undertakings throughout the whole of the period for which they are given in respect of part of the land in relation to which they are given but will be so able in respect of the remaining part of such land; or
b
the undertakings given by the farmer will not be effective in preventing, to the extent contemplated by the Minister in establishing the scheme in respect of which the application is made, the entry of nitrate into controlled waters from part of the land in relation to which such undertakings are given but will be so effective in respect of the remaining part of such land,
she may refuse the application in relation to that part of the land in respect of which she is satisfied that the farmer will not be able to comply with such undertakings throughout such period or, as the case may be, that such undertakings will not be effective but accept the application in relation to the remaining part.
4
The Minister may refuse an application for aid under these Regulations if she is satisfied that —
a
the implementation of the undertakings referred to in regulation 3(1)(d) in respect of the land would frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or the European Community; or
b
the payment of aid under these Regulations in relation to that land would duplicate any assistance previously given or to be given out of money provided by Parliament or the European Community.
Monitoring of undertakings and of effectiveness of schemes
9
1
A farmer whose application for aid under these Regulations has been accepted shall permit the Minister, her servants or agents, accompanied by such persons acting under her instructions as appear to her, her servant or agent to be necessary for the purpose, at all reasonable times, where necessary in order to monitor compliance with the farmer’s undertakings or to assess their effectiveness in preventing the entry of nitrate into controlled waters, to —
a
enter upon any land which is the subject of such undertakings;
b
take samples from the land;
c
install equipment on the land; or
d
examine all records kept in compliance with undertakings given under these Regulations.
2
A farmer whose application for aid under these Regulations has been accepted shall render all reasonable assistance to any person acting by virtue of paragraph (1) and in particular shall —
a
produce for inspection such document or record as may be required by that person; and
b
at the request of that person, accompany him in making the inspection of any land and shall identify any area of land which is concerned in any application or claim made or in any undertaking given under these Regulations.
3
A farmer whose application for aid under these Regulations has been accepted shall provide the Minister which such information relating to the farmer’s interest in, use of, and intended use of the land in respect of which he has given undertakings as the Minister may reasonably require to enable her to monitor compliance with the farmer’s undertakings or to assess their effectiveness in preventing the entry of nitrate into controlled waters.
Claims for aid
10
Any claim for payment of aid under these Regulations shall be made at such time and in such form and shall contain such information as the Minister reasonably may require.
Payments of aid
11
The Minister shall, following receipt by her of a claim from the farmer, make payments in accordance with Schedule 6 in respect of land which is the subject of undertakings in accordance with sub-paragraph (b) of regulation 7 given in connection with an application under these Regulations which the Minister has accepted.
Upgrading of scheme
12
1
A farmer may make an application for aid in respect of which undertakings are given for a period of less than five years where —
a
the farmer has previously given undertakings to the Minister in accordance with the requirements of a scheme and option mentioned in column (1) of Schedule 7 (the “original undertakings”);
b
the application is made before the date specified in column (2) of Schedule 7 in the entry corresponding to the original undertakings;
c
the application is made for aid under a scheme and option mentioned in column (3) of Schedule 7 in the entry corresponding to the original undertakings; and
d
the application includes or is accompanied by undertakings that the farmer will comply with the requirements of the scheme in respect of which the application is made from 1st October next following the date of the application until the date when the original undertakings expire.
2
The Minister may accept an application for aid made in accordance with paragraph (1) if she is satisfied that the undertakings the farmer gives under this regulation will be effective in preventing, to the extent contemplated by the Minister in establishing the scheme in respect of which the application is made, the entry of nitrate into controlled waters.
3
Where —
a
the application is of a type mentioned in the first entry in the table in Schedule 7 (upgrading basic scheme to premium arable scheme), and
b
the farmer occupies the land in respect of which the application is made as a tenant,
the Minister shall not accept an application for aid in accordance with this regulation unless the farmer has the consent in writing of his landlord.
4
Where the Minister accepts an application for aid in accordance with paragraph (1), the undertakings given under paragraph (1)(d) shall have effect as a variation of and not in addition to the original undertakings and accordingly, in respect of the period for which the undertakings given under paragraph (1)(d) have effect, any aid payable to the farmer shall be aid under the scheme referred to in paragraph (1)(c) only.
Death of farmer or change of occupation of the land
13
1
Where, during the period for which undertakings have been given by a farmer, the farmer dies or there is a change of occupation of the whole or any part of the land which is the subject of such undertakings —
a
where the farmer has died, the personal representative shall notify the Minister in writing of the death and of any consequent change in occupation of the land within 3 months of the death or as soon as practicable after being appointed as personal representative (whichever is later) and shall supply to the Minister such information relating to any change of occupation in such form and within such period as the Minister reasonably may determine;
b
where there is a change of occupation of the land or any part thereof other than consequent on the death of the farmer, the farmer shall notify the Minister in writing of the change of occupation within 3 months of its occurrence and shall supply to the Minister such information relating to the change of occupation in such form and within such period as the Minister reasonably may determine;
c
where the farmer (“the original occupier”) occupied the land or the part in respect of which there has been a change of occupation as owner of the freehold interest or as a tenant, the new occupier may give undertakings to the Minister, in respect of the land or the part thereof which he occupies, in the same terms, and expiring at the same time, as the undertakings given by the farmer who made the application for aid under these Regulations.
2
The Minister shall not accept undertakings referred to in paragraph (1)(c) unless she is satisfied that the new occupier occupies the land, or the part thereof in respect of which he gives such undertakings, as owner of the freehold interest, tenant, or as personal representative of the original occupier.
3
A new occupier who gives undertakings referred to in paragraph (1)(c) shall supply to the Minister such information in such form and within such period as the Minister reasonably may determine.
4
Where the Minister has accepted from a new occupier undertakings referred to in paragraph (1)(c) —
a
the new occupier shall be treated for the purposes of these Regulations as if he was the original occupier and, subject to paragraph (5), shall be entitled to payments of aid in place of the original occupier for the period for which the new occupier gives undertakings; and
b
the undertakings given by the new occupier shall take effect on the date of the acceptance by the Minister of them.
5
Where the personal representative of a farmer fails without reasonable excuse to comply with paragraph (1)(a), the Minister may withhold the whole or any part of any aid payable to the personal representative under these Regulations, recover from the personal representative the whole or any part of any such aid already paid to him and give notice to the personal representative that she is treating as terminated, with effect from the date specified in the notice, the undertakings given by the farmer.
6
Where within 3 months of the date of a change of occupation a new occupier has not given undertakings referred to in paragraph (1)(c) in relation to all the land the occupation of which has changed, the Minister may —
a
withhold the whole or any part of any payment due to the original occupier;
b
recover from the original occupier or his personal representatives the whole or any part of any payments already made to him (or, in the case of the personal representative, to the original occupier); and
c
give notice to the original occupier or his personal representative that she is treating the farmer’s undertakings as terminated with effect from the date specified in the notice.
7
Paragraph (6) shall not apply where the change of occupation of the entirety or any part of the original occupier’s land which is subject to undertakings is the result of —
a
compulsory purchase of that land or part; or
b
the death of the original occupier, and —
i
the original occupier occupied that land or part as tenant, and
ii
following the death of the original occupier, the tenancy or lease under which he occupied that land or part was terminated by the landlord; or
c
the termination of a tenancy following the operation of a notice to quit to which the Agricultural Land Tribunal has consented under section 26(1) of the Agricultural Holdings Act 1986 having been satisfied as to any of the matters specified in section 27(3) of that Act or the termination of a tenancy following the service of a notice to quit stating that the circumstances in Case A, B, G or H of Schedule 3 to that Act apply.
Power to vary undertakings
14
1
The Minister may in writing, at the request of the farmer, vary the terms of any undertakings given by the farmer under these Regulations and such variation may be subject to a time limit and to any conditions the Minister reasonably may determine and may be withdrawn in writing by the Minister at any time.
2
The Minister shall not make any variation under paragraph (1) unless she is satisfied that, having regard to any conditions proposed to be attached to the variation, the purposes for which the undertakings were given will not be adversely affected by the variation.
Withholding and recovery of aid and termination
15
1
Where any person, with a view to obtaining the payment of aid under these Regulations to himself or any other person, makes any statement or furnishes any information which is false or misleading in a material respect, the Minister may withhold the whole or any part of any aid payable to that person or to such other person and may recover the whole or any part of any such aid already paid to that person or to such other person.
2
Where any farmer whose application for aid under these Regulations has been accepted by the Minister —
a
fails to comply with any of his undertakings;
b
fails without reasonable excuse to permit entry, inspection or other activity he is required to permit by regulation 9; or
c
fails without reasonable excuse to comply with any other requirement of these Regulations,
the Minister may withhold the whole or any part of any aid payable to that farmer under these Regulations and may recover the whole or any part of any such aid already paid to him.
3
Where any new occupier who has given undertakings in accordance with regulation 13(1)(c) in respect of any land —
a
fails to comply with any of his undertakings; or
b
fails without reasonable excuse to permit entry, inspection or other activity he is required to permit by regulation 9,
the Minister may recover from the new occupier a sum of money not exceeding the whole of the amount of any aid already paid under these Regulations in respect of that land.
4
Where the Minister withholds or recovers aid under any of paragraphs (1) to (3), she may give notice to the farmer or, in the case of paragraph (3), the new occupier, that she is treating as terminated, with effect from the date specified in the notice, the undertakings given by the farmer or, as the case may be, new occupier.
5
Before withholding or recovering any aid under paragraph (2)(a) or (3)(a), the Minister shall —
a
give to the farmer or, as the case may be, new occupier, a written explanation of the reasons for the proposed withholding or recovery of aid;
b
afford the farmer or, as the case may be, new occupier, an opportunity of appearing before and being heard by a person appointed for that purpose by the Minister; and
c
consider the report by the person so appointed and supply a copy of the report to the farmer or, as the case may be, new occupier.
False statements
16
If any person, for the purpose of obtaining for himself or any other person any aid under these Regulations, knowingly or recklessly makes a statement which is false in a material particular, that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 1st July 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Heatherwood and Wexham Park Hospitals' National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 28th April 1994.
2
In this Order —
“the Authority” means the Berkshire Health Authority;
“the Trust” means the Heatherwood and Wexham Park Hospitals' National Health Service Trust;
“the trust property” means the items specified in a schedule of trust propertyprepared by and agreed upon by the Authority and the Trust on 8th November 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 28th April 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
30th March 1994


text:
1
This Order may be cited as the Electricity (Class Exemptions from the Requirement for a Licence) (Amendment) (No. 2) Order 1994 and shall come into force on 18th July 1994.
2
The Electricity (Class Exemptions from the Requirement for a Licence) Order 1990 (“the Principal Order”) is amended as follows.
3
Article 2 of the Principal Order is amended —
a
in paragraph (1), by inserting after the definition of “offshore installation” the following definitions —
“ordinary share capital” has the same meaning as in section 832(1) of the Income and Corporation Taxes Act 1988 ;
“parent undertaking” shall be construed in accordance with section 258 of the Companies Act 1985 ;
and
b
by substituting for paragraph (2)(c) the following —
c
one body corporate shall be treated as connected to another if —
i
50 per cent. or more of the ordinary share capital of one of them is owned directly or indirectly by the other; or
ii
50 per cent. or more of the ordinary share capital of both of them is owned directly or indirectly by a third body corporate,
and for the purpose of determining whether 50 per cent. or more of the ordinary share capital of a body corporate is owned directly or indirectly by another body corporate the provisions of subsections 2 to 10 of section 838 of the Income and Corporation Taxes Act 1988 shall apply in relation to this sub-paragraph as they apply in relation to section 838(1) of that Act; and
.
4
Paragraphs A.1(1) of Schedule 2 and C.3(1) of Schedule 3 to the Principal Order are amended by substituting for the words “each of them is wholly related to each other” the words “each of them is connected to each other and no body corporate which is not connected to, or a parent undertaking in relation to, all of them is a parent undertaking in relation to any of them”.
5
1
Paragraph (a) of Class B in Schedule 3 to the Principal Order is deleted and substituted by the following —
a
electricity which is supplied to their premises by the holder of a licence under section 6(1)(c) or (2) of the Act or by a person in circumstances such that he falls within Class C in this Schedule (in this Class referred to as a “Class C supplier”) provided that for the purpose of determining for the purpose of this Class and paragraph B.1 below whether a person is supplying electricity in such circumstances paragraphs (2)(a) and (b) of Class C in this Schedule shall have effect as if the words following “is situated”, in each case, were omitted; or
.
2
The definition of “Class C electricity” in paragraph B.1(3)(a) in Schedule 3 to the Principal Order is amended by substituting for the words “specified in the description of” the words “such that he falls within”.
Tim Eggar
Minister for Energy,
Department of Trade and Industry
22nd June 1994
Allan Stewart
Parliamentary Under-Secretary of State, The Scottish Office
23rd June 1994


text:
1
1
This Order may be cited as the European Parliamentary Elections (Returning Officers' Charges) Order 1994 and shall come into force on 1st June 1994.
2
This Order shall not extend to Northern Ireland.
2
1
For the purposes of paragraph (a) of section 29(3) of the Representation of the People Act 1983, as applied by regulation 5(1) of and Schedule 1 to the European Parliamentary Elections Regulations 1986 (which, as so applied, provides that a returning officer is entitled to recover his charges in respect of services properly rendered or expenses properly incurred for or in connection with a European Parliamentary election if the services or expenses are of a kind specified in an order made under that provision and the charges are reasonable) —
a
services of a kind described in paragraphs 1(1), 2(1) and 3(1) of Part A of the Schedule to this Order (hereafter referred to as “services specified in Part A of the Schedule”), and
b
expenses of a kind described in paragraphs 1(1), 2(1), 3(1) and 4(1) of Part B of the Schedule to this Order (hereafter referred to as “expenses specified in Part B of the Schedule”) and expenses of a kind described in Part C of the Schedule to this Order, are hereby specified.
2
The maximum recoverable amounts at a contested election in respect of the services specified in Part A of the Schedule or the expenses specified in Part B of the Schedule are hereby specified as the amounts set out in the right-hand column of those Parts in respect of each entry set out opposite thereto in the left-hand column of those Parts.
3
The maximum recoverable amounts at an uncontested election are hereby specified as —
a
£2,757.60 in respect of the services specified in Part A of the Schedule to this Order, and
b
£1,025.00 in respect of the expenses specified in Part B of the said Schedule.
4
In the Schedule to this Order —
a
“election” means a European Parliamentary election;
b
any reference to the register of electors is to the register of electors used at the election at which the services were rendered or expenses incurred and to that register as first published;
c
“returning officer” means the returning officer for a European Parliamentary election in a European Parliamentary constituency; and
d
“the 1986 Regulations ” means the European Parliamentary Elections Regulations 1986.
Home Office
Michael Howard
One of Her Majesty’s Principal Secretaries of State
15th May 1994
We consent to this Order
Irvine Patnick
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
18th May 1994


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Southwark London Borough Council) Order 1994 and shall come into force on 1st August 1995.
Exemption of refuse collection
2
The collection of refuse by the Southwark London Borough Council shall not be treated as a defined activity so long as it is undertaken in their area between 1st August 1995 and 31st March 1996.
Signed by authority of the Secretary of State
Robert Jones
Parliamentary Under–Secretary of State,
Department of the Environment
12th December 1994


text:
1
This Order may be cited as the Public Telecommunication System Designation (Insight Communications Cardiff Limited) Order 1994 and shall come into force on 13th May 1994.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
3
The Public Telecommunication System Designation (British Cable Services Limited) (Cardiff) Order 1991 is hereby revoked.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Trade and Industry
28th March 1994