text:
Title, extent and commencement
1
These Regulations, which may be cited as the Beef Carcase (Classification) (Amendment) Regulations 1994, shall extend to Great Britain and shall come into force on 29th November 1994.
Amendments to the Beef Carcase (Classification) Regulations 1991
2
1
The Beef Carcase (Classification) Regulations 1991 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 —
a
in the definition of “Commission Regulation” insert —
“, as amended by Commission Regulation ( EEC ) No. 2191/93 ” after “animals”;
delete the definition of “pistola cut carcase”; and
for the definition of “regulated carcase” to the end of the paragraph substitute the following text —
“regulated carcase” means the carcase or half-carcase of an adult bovine animal which has been marked in accordance with regulation 11(2) of and paragraph 1 of Schedule 12 to the Fresh Meat (Hygiene and Inspection) Regulations 1992 ;
“regulated slaughterhouse” means a slaughterhouse (as defined by regulation 2(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1992) in which regulated carcases are produced;
“veterinary approval number” means the serial number allocated in relation to the licensing of a regulated slaughterhouse under Part II of the Fresh Meat (Hygiene and Inspection) Regulations 1992.
.
3
In regulation 5 —
a
delete “as” where it first occurs; and
b
delete the text from and including “or” to the end of the regulation.
4
In regulation 6 —
a
delete “as” where it first occurs; and
b
delete the text from and including “or” to the end of the regulation.
5
In regulation 14(2)(a) insert “other” before “requirement”.
6
Delete Schedule 3.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 7th October 1994.
(L.S.)
William Waldegrave
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
31st October 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Salford Hospitals National Health Service Trust (Change of Name) Order 1994 and shall come into force on 20th May 1994.
2
In this Order unless the context otherwise requires —
“ the Order ” means the Salford Hospitals National Health Service Trust (Establishment) Order 1994 ;
“ the Trust ” means the National Health Service trust established by the Order.
Change of Name of NHS Trust
2
The trust shall be called the Salford Royal Hospitals National Health Service Trust instead of the Salford Hospitals National Health Service Trust and accordingly, in the definition of “the trust” in article 1(2) and in article 2 of the Order after the word “Salford” there shall be inserted the word “Royal”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all documents or instruments which refer to the trust by its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
10th May 1994


text:
1
1
This Order may be cited as the Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 1994 and shall come into force on 1st August 1994.
2
This Order extends to England and Wales only.
3
In this Order “ the Act ” means the Criminal Justice Act 1988 and “the principal Order ” means the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991 .
2
In article 2 of the principal Order for the definition of “appropriate authority of a designated country” there shall be substituted the following definition —
“appropriate authority of a designated country” means —
the authority specified opposite that country in Schedule 1 to this Order, or
where no authority is so specified, the authority appearing to the court to be the appropriate authority of that country for the purposes of this Order;
.
3
After article 5 of the principal Order there shall be inserted the following article:
Certificate as to appropriate authority of a designated country
5A
Where in relation to any designated country no authority is specified in Schedule 1 to this Order, a certificate made by the Secretary of State to the effect that the authority specified therein is the appropriate authority for the purposes of this Order shall be sufficient evidence of that fact.
.
4
There shall be inserted in Schedule 1 to the principal Order, after the entry for Switzerland, the entry for the United States of America (including the appropriate authority) specified in the Schedule to this Order.
5
There shall be inserted in the Appendix set out at the end of paragraph 21(f) of Schedule 2 to the principal Order (institution of proceedings), after the entry for Switzerland, the following entry —
United States of America when an indictment, information or complaint has been filed against a person in respect of an offence
6
A like amendment to that described in article 5 above, shall be made to the Appendix to section 102 of the Act as set out in Schedule 3 to the principal Order.
N. H. Nicholls
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment No. 2) Regulations 1994 and shall come into force on 16th December 1994.
2
In regulation 3(3) of the Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) Regulations 1990 payment by instalments) for “7.71 per cent.” substitute “8.13 per cent.”.
3
The Housing (Change of Landlord) (Payment of Disposal Cost by Instalments) (Amendment) Regulations 1994 are revoked.
4
Regulations 2 and 3 do not apply in respect of any period before the date these Regulations come into force (notwithstanding that interest included in the amount of an instalment is paid on or after that date).
Signed by authority of the Secretary of State for the Environment.
David Curry
Minister of State,
Department of the Environment
10th November 1994
John Redwood
Secretary of State for Wales
15th November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Surrey Ambulance National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Surrey Ambulance National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Surrey Ambulance National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to manage ambulance and associated transport services;
b
to manage such other services, relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services,
from Ambulance Service Headquarters, The Horseshoe, Banstead, Surrey SM7 2AS and to own associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The East Surrey Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The East Surrey Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the East Surrey Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Bowis
Parliamentary Under Secretary of State,
Department of Health
28th January 1994


text:
1
The Birmingham City Council (Birmingham and Fazeley Canal Bridge) Scheme 1992 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY, and at the offices of the Birmingham City Council, Ingleby House, 11 — 14 Cannon Street, Birmingham.
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 Birmingham City Council (Birmingham and Fazeley Canal Bridge) Scheme 1992 Confirmation Instrument 1994.
Signed by authority of the Secretary of State for Transport
B. H. Leonard
Regional Director Northern Region
Department of Transport
5th January 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Merton) Order 1994 and shall come into force on 4th July 1994.
Interpretation
2
1
In this Order, unless the context otherwise requires,
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
a reference to a numbered Schedule is to the Schedule to this Order so numbered;
a reference in Schedule 2 to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in Schedule 2 (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in Schedule 2, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.
2
In this Order subject to paragraph (3) below “the designated area” means the area lying within the outer edge of the boundary delineated in red on the map comprising Schedule 1.
3
In relation to each road named first in a paragraph in Schedule 2 —
a
the part of the road described in each such paragraph shall be taken to be in the designated area, and
b
the remainder of the road shall be taken not to be in that area,
and, accordingly, in so far as there is any inconsistency between this paragraph and paragraph (2) above, this paragraph shall prevail.
Designation of special parking area
3
1
The Secretary of State hereby designates that part of the London borough of Merton which consists of the designated area as a special parking area.
2
A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.
Modification of the Road Traffic Regulation Act 1984
4
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Merton as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection: —
1A
In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (London Borough of Merton) Order 1994.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,
as they may require.
Modification of the Road Traffic Act 1991
5
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection: —
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the London borough of Merton as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
6th June 1994


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session Amendment No.2) (Shorthand Writers' Fees) 1994 and shall come into force on 24th May 1994.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of Table of Fees
2
In Chapter IV of the Table of Fees in rule 347 of the Rules of the Court of Session , for the fees set out in column 2 of the following table, as applying to the paragraphs set out in column 1 of that table, there shall be substituted the fees set out in column 3 of that table; and the fees so substituted shall apply to work, for which those fees are chargeable, done on or after the date on which this Act of Sederunt comes into force: —
Column 1 Column 2 Column 3 (paragraph) (old fees) £ (new fees) £
1 (minimum fee per day) 53.15 54.75 1 (per hour) 17.71 18.25 2 3.78 3.90 2 4.54 4.70 5 0.29 0.30
Saving
3
The fees set out in column 2 of the table in paragraph 2 above shall continue to apply to work done before this Act of Sederunt comes into force.
J.A.D. Hope
Lord President, IPD
Edinburgh,
21st April 1994


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (England and Wales) (Amendment) Order 1994 and shall come into force on 4th October 1994.
Amendment of Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988 and Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) Order 1988
2
Article 3 of the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988 and article 3 of the Local Government Act 1988 (Defined Activities) (Exemptions) (Wales) Order 1988 are amended as follows —
a
for paragraph (1) is substituted —
1
The activities mentioned in section 2(2)(a) to (g) of the Act shall not be treated as defined activities so long as the condition mentioned in paragraph (2) is fulfilled.
;
b
after paragraph (1) is added —
1A
The activity mentioned in section 2(2)(h) of the Act shall not be treated as a defined activity so long as the condition mentioned in paragraph (2A) is fulfilled.
;
c
after paragraph (2) is added —
2A
The condition mentioned in paragraph (1A) is that the amount estimated by the authority as the gross cost of the activity in question in the immediately preceding financial year does not exceed £500,000.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
30th August 1994
John Redwood
Secretary of State for Wales
1st September 1994


text:
Citation and commencement
1
These Regulations may be cited as the Food Safety (Fishery Products) (Import Conditions and Miscellaneous Amendments) Regulations 1994 and shall come into force on 21st November 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“approved import conditions” means the conditions for the importation of fishery products which are laid down in any Commission Decision listed in Schedule 1;
“aquaculture products” has the same meaning as in the principal Regulations ;
“bivalve molluscs” has the same meaning as in the principal Regulations;
“consignment”, except in the expression “private consignment”, has the same meaning as in the principal Regulations;
“the Council and Commission Decisions ” means the Council and Commission Decisions listed in Schedule 2;
“the Council Directive ” means Council Directive 91/493/ EEC of 22nd July 1991 laying down the health conditions for the production and placing on the market of fishery products, as adapted for the purposes of the EEA Agreement ;
“the Derogations Regulations ” means the Food Safety (Fishery Products) (Derogations) Regulations 1992 ;
“the Docks and Carriers Regulations ” means the Food Hygiene (Docks, Carriers etc. ) Regulations 1960 ;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“ 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 ;
“factory vessel” has the same meaning as in the principal Regulations;
“fishery products” has the same meaning as in the principal Regulations;
“the Fishing Vessels Directive ” means Council Directive 92/48/EEC of 16th June 1992 laying down the minimum hygiene rules applicable to fishery products caught on board certain vessels in accordance with article 3(1)(a)(i) of the Council Directive;
“import” means import into Great Britain, but only if the product in question is not imported from another part of the British Islands ;
“the Import and Export Regulations ” means the Products of Animal Origin (Import and Export) Regulations 1992 ;
“the Live Bivalve Molluscs Directive ” means Council Directive 91/492/EEC of 15th July 1991 laying down the health conditions for the production and the placing on the market of live bivalve molluscs, as adapted for the purposes of the EEA Agreement ;
“local authority” has the same meaning as in the Import and Export Regulations;
“other shellfish” has the same meaning as in the principal Regulations;
“the principal Regulations” means the Food Safety (Fishery Products) Regulations 1992 ;
“private consignment” means a quantity of fishery products which are —
imported as trade samples; or
not being imported by way of trade, and which —
form part of a traveller’s personal luggage, or
have been sent to a person, other than a body of persons corporate or unincorporate, in Great Britain;
“processed” has the same meaning as in the principal Regulations;
“the Safeguards against Cholera Regulations ” means the Imported Food and Feedingstuffs (Safeguards against Cholera) Regulations 1991 ;
“third country” means any country or territory which is not part of the European Economic Area including, until the EEA Agreement comes into force in relation to Liechtenstein, the State of Liechtenstein.
2
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered Chapter is to the Chapter in the Annex to the Council Directive bearing that number;
b
to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;
c
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;
d
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
General restriction on importing fishery products
3
1
Subject to paragraphs (2) and (3), no person shall import any fishery products which are for human consumption, unless —
a
except where paragraph (b) or (c) applies, they are products in respect of which all applicable requirements of the Council Directive, the Fishing Vessels Directive, the Live Bivalve Molluscs Directive (allowing for any derogations which have been granted from the conditions set out in those Directives) and the Council and Commission Decisions are satisfied;
b
if they originate in a third country (including products taken from the sea and then landed in Great Britain by the vessel of a third country) , then unless paragraph (c) applies, they are products in respect of which the requirements specified in Schedule 3 are satisfied;
c
if they are products in respect of which two or more countries have been concerned with their production —
i
where they have undergone any process or operation in an EEA State or on board a vessel of an EEA State, all applicable requirements of the Council Directive, the Fishing Vessels Directive, the Live Bivalve Molluscs Directive (allowing for any derogations which have been granted from the conditions set out in those Directives) and the Council and Commission Decisions which relate to that process or operation are satisfied, and
ii
where they have undergone any process or operation in a third countryor on board a vessel of a third country, the requirements specified in Schedule 3 which relate to that process or operation are satisfied; and
d
any additional conditions imposed under regulation 4 are satisfied,
in relation to those fishery products which he imports.
2
Paragraph (1) shall not apply to a person importing a private consignment —
a
from a country or territory within the European Community, unless that consignment is a consignment of trade samples which weighs more than 10 kilograms; or
b
from any other country or territory, if that consignment weighs 1 kilogram or less.
3
Paragraphs 1 to 6 of Schedule 3 shall not apply to aquaculture products.
Additional conditions relating to certain third country imports
4
1
Subject to paragraphs (3) and (4), no person shall import any fishery products which are for human consumption —
a
from a third country;
b
from another country or territory within the European Community if those fishery products do not originate from within the European Economic Area, unless those products were in free circulation in that country or territory within the European Community;
c
from an EEA State which is not also a member State, unless those fishery products originate from within the European Economic Area,
unless the conditions specified in paragraph (2) are satisfied in relation to those fishery products which he imports.
2
The conditions referred to in paragraph (1) are that —
a
except in the circumstances set out in sub-paragraph (b), the fishery products comprise or are part of a consignment which is accompanied by a duly completed health certificate which —
i
comprises a single sheet,
ii
is drawn up in English and, where appropriate, in an official language of the country or territory for which those fishery products are destined,
iii
contains the information mentioned in the specimen health certificate set out in the Annex to Commission Decision 93/185/EEC of 15th March 1993 laying down certain transitional measures concerning the certification of fishery products from third countries in order to facilitate the switchover to the arrangements laid down in the Council Directive, and
iv
contains the health attestation mentioned in that specimen health certificate, duly signed and dated by an official inspector duly appointed by the competent authority of the state of origin of those fishery products;
b
a person importing fishery products in circumstances where —
i
those fishery products originate in a third country in respect of which the European Commission has adopted approved import conditions, and
ii
those approved import conditions relate to those fishery products,
shall import those fishery products in accordance with those approved import conditions.
3
Fishery products which —
a
originate in a third country;
b
were caught in their natural environment; and
c
have not or had not been on land prior to their importation into the European Community,
need not be accompanied by any health certificate which would otherwise be required under paragraph (2).
4
Paragraph (1) shall not apply to a person importing a private consignment, if that consignment weighs 1 kilogram or less.
Amendment of the Food Hygiene (Scotland) Regulations 1959
5
1
In paragraph (2) of regulation 13 of the Food Hygiene (Scotland) Regulations 1959 (treatment of certain foods), after sub-paragraph (f) there shall be inserted the following sub-paragraph —
g
cooked and chilled crustacean or molluscan shellfish products to which the Food Safety (Fishery Products) Regulations 1992 apply.
.
2
After regulation 31 of the Food Hygiene (Scotland) Regulations 1959 (exemptions), there shall be inserted the following regulation —
Fishery products exceptions
31A
Regulations 6, 9, 11, 12, 17, 18, 20 to 25, 27 to 29 and 30(1), (3) and (4) shall not apply to or to a person at —
a
an establishment or factory vessel within the meaning of the Food Safety (Fishery Products) Regulations 1992 which has been approved under regulation 9 of those Regulations; or
b
a market registered under regulation 13 of those Regulations.
.
Amendment of the Docks and Carriers Regulations
6
1
In regulation 4 of the Docks and Carriers Regulations (premises and places to which the Regulations apply), for the words “Subject to regulation 4A,” there shall be substituted the words “Subject to regulations 4A and 4B,”.
2
After the regulation 4A of the Docks and Carriers Regulations inserted by regulation 27 of the Fresh Meat (Hygiene and Inspection) Regulations 1992 (fresh meat exception), the following regulation shall be substituted for the regulation 4A of the Docks and Carriers Regulations inserted by regulation 21(2) of the principal Regulations (exceptions for premises and places where fishery products are handled) —
Fishery products exceptions
4B
1
Regulations 6, 9 and 11 to 23 of these Regulations shall not apply to or to a person at an establishment or factory vessel within the meaning of the Food Safety (Fishery Products) Regulations 1992 which has been approved under regulation 9 of those Regulations.
2
Regulations 6, 9 and 12 to 23 of these Regulations shall not apply to or to a person at a market registered under regulation 13 of the Food Safety (Fishery Products) Regulations 1992.
.
Amendment of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966
7
For regulation 2A of the Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 (places where fishery products are handled) there shall be substituted the following regulation —
Fishery products exceptions
2A
These Regulations shall not apply to or to a person at —
a
an establishment or factory vessel within the meaning of the Food Safety (Fishery Products) Regulations 1992 which has been approved under regulation 9 of those Regulations; or
b
a market registered under regulation 13 of those Regulations.
.
Amendment of the Food Hygiene (General) Regulations 1970
8
1
For regulation 3A of the Food Hygiene (General) Regulations 1970 (exception for premises where fishery products are handled) there shall be substituted the following regulation —
Fishery products exceptions
3A
1
Regulations 7, 8, 10 to 12 and 14 to 26 shall not apply to or to a person at an establishment or factory vessel within the meaning of the Food Safety (Fishery Products) Regulations 1992 which has been approved under regulation 9 of those Regulations.
2
Regulations 7, 8, 10, 12 and 14 to 26 shall not apply to or to a person at a market registered under regulation 13 of the Food Safety (Fishery Products) Regulations 1992.
.
2
In sub-paragraph (bb) of paragraph (2) of regulation 27 of the Food Hygiene (General) Regulations 1970 , after the words “shellfish products” there shall be inserted the words “to which the Food Safety (Fishery Products) Regulations 1992 apply”.
Amendment of the Safeguards against Cholera Regulations
9
The amendments to the Safeguards against Cholera Regulations set out in Schedule 4 shall have effect.
Amendment of the Derogations Regulations
10
The amendments to the Derogations Regulations set out in Schedule 5 shall have effect.
Amendment of the Imported Food (Bivalve Molluscs and Marine Gastropods from Japan) Regulations 1992
11
In paragraph (2) of regulation 1 of the Imported Food (Bivalve Molluscs and Marine Gastropods from Japan) Regulations 1992 (interpretation), for the definition of “relevant bivalve mollusc or marine gastropod” there shall be substituted the following definition —
“relevant bivalve mollusc or marine gastropod” means any bivalve mollusc or marine gastropod originating in Japan which is not a frozen or processed bivalve mollusc of the family Pectinidae;
.
Amendment of the principal Regulations
12
The amendments to the principal Regulations set out in Schedule 6 shall have effect.
Amendment of the Food Safety (Fishery Products on Fishing Vessels) Regulations 1992
13
After paragraph (2) of regulation 7 of the Food Safety (Fishery Products on Fishing Vessels) Regulations 1992 there shall be inserted the following paragraph —
3
Section 32 of the Food Safety Act 1990 (powers of entry) shall apply for the purposes of these Regulations as though —
a
any reference to premises included a reference to a fishing vessel (in so far as it does not already do so ); and
b
any reference to the occupier included a reference to the master or other person in charge of the fishing vessel (in so far as it does not already do so).
.
Amendment of the Import and Export Regulations
14
The amendments to the Import and Export Regulations set out in Schedule 7 shall have effect.
Enforcement and penalties
15
For the purposes of the Import and Export Regulations —
a
the conditions set out in regulations 3 and 4 shall be treated as health conditions (whether or not they are health conditions, as defined in the Import and Export Regulations ); and
b
those conditions shall be enforced as health conditions —
i
by a local authority or the Minister (or by an authorised officer of the local authority or the Minister), whichever has the responsibility under the Import and Export Regulations for enforcing health conditions in the particular circumstances of the case,
ii
in accordance with the procedures set out in the Import and Export Regulations, and
iii
subject to the penalties and other sanctions set out in the Import and Export Regulations.
Revocations
16
The following provisions are hereby revoked —
a
regulation 2(2)(a), (7) to (10) and (12) to (14) of the Imported Food and Feedingstuffs (Safeguards against Cholera) (Amendment) Regulations 1992 ;
b
regulations 21, 22, 23(1) and 24 of the principal Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 31st October 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
24th October 1994
John Redwood
Secretary of State for Wales
26th October 1994
Sir Hector Monro
Parliamentary Under Secretary of State
Scottish Office
31st October 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions (Amendment) (No. 2) Order 1994 and shall come into force on 3rd October 1994.
2
In this Order, “the principal Order ” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
Pensions to Widows
2
After article 29(1) of the principal Order (pensions to widows) there shall be inserted the following paragraph —
1A
A supplementary pension payable at a rate of £48.70 per week shall be awarded to a widow of a member of the armed forces where —
i
she is entitled to a pension under paragraph (1) above; and
ii
the service of that member terminated before 31st March 1973.
.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Criminal Justice and Public Order Act (Commencement No. 2) Order 1994.
2
The provisions of the Criminal Justice and Public Order Act 1994 referred to in the left — hand column of the Schedule to this Order (which relate to the matters described in the right — hand column of that Schedule) shall come into force on 9th January 1995.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
11th December 1994


text:
PART I
GENERAL
Citation, Commencement, Application and Interpretation
1
1
These Regulations may be cited as the Development Board for Rural Wales (Transfer of Housing Stock) (Amendment) Regulations 1994 and shall come into force on 3rd May 1994.
2
These Regulations apply in relation to the disposal of dwellings in Wales and of relevant property (wherever situated) relating to such dwellings.
3
In these Regulations, “the principal Regulations ” means the Development Board for Rural Wales (Transfer of Housing Stock) Regulations 1993 .
4
A reference in these Regulations to a numbered regulation, paragraph or sub-paragraph is a reference to the corresponding numbered regulation, paragraph or sub-paragraph in the principal Regulations.
Amendments to the Principal Regulations
2
In regulation 2(1) for sub-paragraph (a) of the definition of “housing stock” there shall be substituted the following: —
a
any property, rights, liabilities and obligations within the meaning of section 172(9) of the 1989 Act which, taking account of any proposals there may be to dispose of any property vested in the Board other than its housing stock, are excluded from disposal on the determination of the Secretary of State; or
.
3
Regulation 4 shall be amended as follows: —
a
in sub-paragraphs (a) to (d) of paragraph (2) for the words “in respect of”, where they occur in each of the sub-paragraphs, there shall be substituted the words “in the case of”;
b
in paragraph (4) for the words from “except that the retained dwellings” to the end of the paragraph, there shall be substituted the words “except that a dwelling shall not be transferred under these Regulations so long as it remains a retained dwelling.”;
c
for paragraph (5) there shall be substituted the following paragraph: —
5
Where dwellings which have been retained dwellings are transferred the transfer shall be on the terms on which the other dwellings included in the same parcel of stock have been transferred under the provisions of Part III of these Regulations.
; and
d
in paragraph (7) for the words “sub-paragraph (5)” there shall be substituted the words “paragraph (5)”
4
In regulation 5(4) for the words “imposed in paragraph 5(3)(c)” there shall be substituted the words “imposed under paragraph (3)(c)”.
5
Paragraphs (1) and (2) of regulation 6 shall be amended by omitting the words and brackets “(which may be a negative amount)” in each of the places where they occur in these paragraphs.
6
In regulation 10 for the words “either by transferring the relevant property” there shall be substituted the words “by transferring the relevant property either”.
7
Regulation 11(1) shall be amended as follows: —
a
for the words “disposed of by Part II of these Regulations” there shall be substituted the words “disposed of pursuant to Part II of these Regulations”;
b
in sub-paragraph (a)(ii) for the word “representation” there shall be substituted the word “representations” and for the words “for the purpose stated in regulation 11(1)(b);” there shall be substituted the words “for the purpose of dividing the stock into parcels in connection with the service of notices under sub-paragraph (b);”; and
c
in sub-paragraph (b) for the words “under sub-paragraph (a)(iii)” there shall be substituted the words “before the expiry of this period” and for the words “so that part of the housing stock” to the end of the sub-paragraph, there shall be substituted the words “so that each dwelling forming part of the housing stock is specified in a notice served.”.
8
Regulation 12(3) shall be amended as follows: —
a
for the words “this regulation shall continue to apply insofar as: — ” there shall be substituted the word “then: — ”;
b
in sub-paragraph (a) the word “then” shall be omitted and for the words “will be transferred” there shall be substituted the words “shall be transferred”; and
c
in sub-paragraph (b) the word “then” shall be omitted and for the words “and thereafter the provisions of this paragraph will apply.” there shall be substituted the words “without prejudice, however, to the subsequent further application of this paragraph.”.
9
Regulation 13 shall be amended as follows: —
a
in paragraph (2)(a)(ii) for the words “in this regulation” there shall be substituted the word “the”;
b
in sub-paragraph (2)(a)(iii) for the words from “the tenant” to the end of the sub-paragraph there shall be substituted the words “a tenant wishing to vote has to return the voting form;”;
c
in paragraph (4) for the words “shall be consulted under that consultation” there shall be substituted the words “in connection with a particular consultation shall be consulted”; and
d
paragraph (6) shall be omitted.
10
In regulation 15(1) for the words “do not apply.” there shall be substituted the words “does not apply.”.
11
Regulation 16 shall be amended as follows: —
a
in paragraph (2) for the words “as he shall reasonably require.” there shall be substituted the words “as he or they may reasonably require.”;
b
for sub-paragraph (3)(d) there shall be substituted the following sub-paragraphs: —
d
that inflation is constant at 0% and
e
that the rent in respect of a subsisting tenancy mentioned in sub-paragraph (a) of any dwelling occupied as such at the date of transfer: —
i
for the period ending immediately before the first anniversary of the relevant date after the transfer will not exceed that charged by the Board at the date of transfer; and
ii
thereafter would increase (if at all) on each anniversary of the relevant date by an amount not exceeding 4%.
; and
c
in paragraphs (4) and (5) for the words “paragraph (3)(d)” where they occur in each of the paragraphs, there shall be substituted the words “paragraph (3)(e)”.
John Redwood
Secretary of State for Wales
28th March 1994


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Third Country Fishing (Enforcement) Order 1994 and shall come into force on 15th July 1994.
2
In this Order, “a relevant Community provision” means a provision of a Regulation of the European Communities referred to in column 1 of the Schedule to this Order which is specified in column 2 thereof, opposite the reference to that Regulation, as read with any qualifying words relating to that provision in that column.
3
In this Order any reference to a logbook or document includes, in addition to a logbook or document in writing —
a
any map, plan, graph or drawing;
b
any photograph;
c
any disk, tape, sound track or other device in which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
d
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
Offences
2
Where there is, in respect of any fishing boat to which a relevant Community provision applies, a contravention of, or failure to comply with, that provision within British fishery limits, the master of that boat shall be guilty of an offence.
Penalties
3
1
A person guilty of an offence under article 2 of this Order founded on a contravention of, or failure to comply with, a relevant Community provision specified in column 1 of the Schedule hereto, shall be liable —
a
on summary conviction to a fine not exceeding the amount specified in the appropriate entry in column 4 of that Schedule; or
b
on conviction on indictment to a fine.
2
A person guilty of an offence under article 2 of this Order founded on a contravention of, or failure to comply with, article 2(2) or 3(1) of such relevant Community provision shall also be liable —
a
to the forfeiture of any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence; and
b
to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed.
Recovery of fines
4
1
Where a fine is imposed by a magistrates' court in England and Wales or Northern Ireland on the master or a member of the crew of a fishing boat who is convicted by the court of an offence under article 2 or 7 of this Order, the court may —
a
issue a warrant of distress against the boat and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Where a fine is imposed by a sheriff in Scotland on the master or a member of the crew of a fishing boat who is convicted by the sheriff of an offence under article 2 or 7 of this Order, the sheriff may —
a
issue a warrant for the arrestment and sale of the boat and its gear and catch and any property of the person convicted; and
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid, whichever occurs first.
3
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
4
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of and stay of execution of certain warrants and objections as to want of form or variance between complaint etc and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles.
Powers of British sea-fishery officers in relation to fishing boats
5
1
For the purpose of enforcing article 2 of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) of this article in relation to any fishing boat to which a relevant Community provision specified in column 1 of the Schedule hereto applies, which is within British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination; and
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether an offence has been committed under article 2 of this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 2 of this Order has at any time been committed within British fishery limits, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers to seize fish and fishing gear
6
Any British sea-fishery officer may seize —
a
any fish in respect of which he has reasonable grounds to suspect that an offence under article 2 of this Order founded on a contravention of, or failure to comply with, article 2(2) or 3(1) of a relevant Community provision specified in column 1 of the Schedule hereto has been committed; and
b
any net or other fishing gear in respect of which he has reasonable grounds to suspect that an offence under article 2 of this Order founded on a contravention of, or failure to comply with, article 2(2) or 3(1) of such relevant Community provision has been committed.
Obstruction of officers
7
Any person who, on any fishing boat which is within British fishery limits and to which a relevant Community provision applies —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by articles 5 and 6 of this Order; or
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by articles 5 and 6 of this Order or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Protection of officers
8
An officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 5 and 6 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Proceedings
9
Proceedings for an offence under this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
Admissibility in evidence of logbooks and other documents
10
Any logbook or other document kept on board or held in accordance with a relevant Community provision specified in column 1 of the Schedule hereto shall, in any proceedings for an offence under this Order —
a
in England, Wales or Northern Ireland, be evidence of the matters stated therein; and
b
in Scotland, be received in evidence without being produced or sworn to by any witness and shall be sufficient evidence of the matters stated therein.
Revocation and saving
11
The Third Country Fishing (Enforcement) Order 1993 is hereby revoked, but without prejudice to the application of articles 4 to 6 of that Order in relation to the enforcement of article 2 of that Order.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
17th June 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
20th June 1994
Signed by authority of the Secretary of State for Wales.
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
20th June 1994
Patrick Mayhew
Secretary of State for Northern Ireland
24th June 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Surrey Hospital and Community Healthcare 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 East Surrey Health Authority;
“the Trust” means the East Surrey Hospital and Community 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 6th December1993, 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
The Buckinghamshire County Council (Marsh Drive Great Linford) (Canal Footbridge) Scheme 1993 is hereby confirmed with modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Buckinghamshire County Council, County Hall, Aylesbury, Bucks and at the offices of Milton Keynes Borough Council, Saxon Gate East, Milton Keynes.
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 Buckinghamshire County Council (Marsh Drive Great Linford) (Canal Footbridge) Scheme 1993 Confirmation Instrument 1994.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director
Government Office for the North East
29th July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The Bridgend and District National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 5th October 1994.
2
In this Order:
“the Authority” means Mid Glamorgan Health Authority;
“the Trust” means Bridgend and District 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 June 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 5th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
13th September 1994


text:
1
This Order may be cited as the Education (National Curriculum) (Foundation Subjects at Key Stage 4) Order 1994 and shall come into force on 1st August 1994.
2
1
Section 3 of the Education Reform Act 1988
is amended as follows.
2
In subsection (2)
for “subsection (4)” substitute “subsections (2A), (2B) and (4)”.
3
In subsection (2)(a), omit “istory, geography”.
4
In subsection (2)(aa), after “stages” insert “history, geography”.
5
After subsection (2) insert —
2A
In relation to schools in England —
a
a modern foreign language is not a foundation subject in relation to the fourth key stage before —
i
1st August 1996, in the case of pupils entering the first year of the key stage in 1996; and
ii
1st August 1997 in the case of all other pupils.
b
technology is a foundation subject in relation to pupils who entered the first year of the fourth key stage in 1993 but is otherwise not a foundation subject in relation to the fourth key stage before —
i
1st August 1996 in the case of pupils entering the first year of the key stage in 1996; and
ii
1st August 1997, in the case of all other pupils.
2B
In relation to schools in Wales —
a
a modern foreign language is not a foundation subject in relation to the fourth key stage;
b
technology is a foundation subject in relation to pupils who entered the first year of the fourth key stage in 1993 but is otherwise not a foundation subject in relation to the fourth key sage.
John Patten
Secretary of State for Education
6th July 1994
John Redwood
Secretary of State for Wales
7th July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hinchingbrooke Health Care 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 Huntingdon Health Authority;
“the Trust” means the Hinchingbrooke Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 28th July 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 and commencement
1
These Regulations may be cited as the Electromagnetic Compatibility (Amendment) Regulations 1994 and shall come into force as follows —
a
regulations 1, 2 and 6(1), on 30th December 1994;
b
regulation 6(2), on 1st May 1995; and
c
the remainder, on 1st January 1995.
Interpretation
2
In these Regulations —
“the principal Regulations ” means the Electromagnetic Compatibility Regulations 1992 ; and
“the CE Marking Directive ” means Council Directive 93/68/ EEC .
Interpretation of the principal Regulations
3
Regulation 3 of the principal Regulations is (in addition to the amendments made by regulation 4(a) below) hereby amended as follows —
a
for paragraph (1) (definition of the EMC Directive) there shall be substituted the following paragraph —
1
In these Regulations, “the EMC Directive” means Council Directive 89/336/EEC on the approximation of the laws of the Member States relating to electromagnetic compatibility , as amended by —
a
Article 9.4 of the Telecommunications Terminal Equipment Directive ;
b
Council Directive 92/31/EEC ; and
c
Article 5, 14.1 and 14.2 of the CE Marking Directive.
;
b
in paragraph (2) —
i
before the definition of “the Commission” there shall be inserted the following definition —
“CE Marking Directive” means Council Directive 93/68/EEC ;
;
ii
in the definition of “the Community” the word “Economic” shall be omitted ;
iii
for the definition of “educational electronic equipment” there shall be substituted the following —
“education and training equipment” has the meaning given by regulation 8(3) below;
iv
after the definition of “responsible person” there shall be inserted the following definitions —
“satellite earth station equipment” means satellite earth station equipment within the meaning of Article 1.2 of the Satellite Earth Station Equipment Directive;
“Satellite Earth Station Equipment Directive” means Council Directive 93/97/EEC supplementing Directive 91/263/EEC in respect of satellite earth station equipment ;
; and
v
to the definition of “Telecommunications Terminal Equipment Directive” there shall be added at the end the following —
as amended by Article 11, 14.1 and 14.2 of the CE Marking Directive
;
c
in regulation 3(5)(a) (definition of immediate electromagnetic environment), for the words “educational electronic equipment” there shall be substituted the words “education and training equipment”; and
d
after paragraph (6) there shall be inserted the following paragraph —
7
In these Regulations, with respect to matters arising on and after 1st January 1994, a reference to the Community includes a reference to the EEA , and a reference to a member State includes a reference to an EEA State, and for the purposes of this paragraph —
a
the “EEA” means the European Economic Area;
b
an “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
c
the “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.
.
Implementation of the CE Marking Directive
4
Subject to regulation 5 below, the principal Regulations are hereby amended as follows —
a
in regulation 3(2) —
i
for the definition of “affixed”, there shall be substituted the following definition —
“affixed” in relation to the CE marking, or any inscription which is liable to be confused therewith, or which is likely to deceive third parties as to the meaning and form thereof, means affixed to one of the items mentioned in regulation 33(2) below or to any other item such that it is referrable to any apparatus;
; and
ii
for the definition of “CE mark” there shall be substituted the following definition —
“CE marking” and “CE conformity marking” shall be construed in accordance with regulation 33 below;
;
b
in regulation 30(c), for “CE mark” there shall be substituted “CE marking”;
c
for regulation 33, there shall be substituted the following regulation —
The CE marking
33
1
For the purposes of these Regulations, the CE marking shall be regarded as properly affixed in relation to relevant apparatus if the requirements of this regulation are complied with.
2
The CE marking shall be affixed in relation to any relevant apparatus by being affixed to one of the following —
a
the apparatus; or
b
the apparatus' —
i
packaging;
ii
instructions for use; or
iii
guarantee certificate.
3
Subject to paragraph (4) below, where the apparatus is the subject of other Community Directives covering other aspects and which also provide for the CE conformity marking, the latter shall indicate that the apparatus is also presumed to conform to those other Directives.
4
Where one or more of the other Directives referred to in paragraph (3) above allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity only to the Directives applied by the manufacturer. In this case, particulars of the Directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by the Directives and accompanying such apparatus.
5
No person shall affix to relevant apparatus, its packaging, the instructions for use or the guarantee certificate any marking which is likely to deceive third parties as to the meaning and form of the CE marking. Any other marking may be affixed to the apparatus, its packaging, the instructions for use or the guarantee certificate provided that the visibility and legibility of the CE marking are not thereby reduced.
6
No person shall affix the CE marking, or any other inscription liable to be confused therewith, in relation to any relevant apparatus, unless —
a
the apparatus complies with the protection requirements; and
b
the conformity assessment requirements have been complied with.
7
Except as provided in paragraph (3) above, no person shall affix the CE marking, or any other inscription liable to be confused therewith, to any electrical apparatus other than relevant apparatus.
8
The CE marking shall comply with the form requirements set out in Schedule 4 to these Regulations.
9
In these Regulations, “CE marking” means the CE conformity marking, being a mark —
a
consisting of the initials “CE”;
b
taking the form set out in paragraph 1 of Schedule 4 hereto; and
c
which, when used in relation to the EMC Directive, indicates conformity to all the provisions of that Directive, including the conformity assessment requirements.
;
d
after regulation 77, there shall be inserted the following regulation —
Compliance notices
77A
1
Subject to paragraph (4) below, in the relevant circumstances, no notice may be served pursuant to regulation 78 or 79 below, and no proceedings may be commenced pursuant to regulation 82, 85, 94 or 95 below, unless the requirements of this regulation are satisfied.
2
The relevant circumstances are that it is established that the CE mark or CE marking has been affixed unduly to electrical apparatus.
3
The requirements of this regulation are that —
a
there has been served upon the manufacturer or his authorized representative a notice in writing obliging the person on whom the notice is served to make the electrical apparatus conform as regards the provisions concerning the CE mark or CE marking and its due affixation and to end the infringement under conditions imposed in, or in relation to, the said notice; and
b
the non-conformity continues after the period specified in, or in relation to, the said notice during which the infringement must be ended has expired.
4
Without prejudice to paragraph 3(a) and (b), a notice served pursuant to paragraph (1) above shall include, but not by way of limitation,
a
a description of the electrical apparatus in respect of which the notice is served on the manufacturer or his authorised representative in a manner sufficient to identify it;
b
a statement that the CE mark or CE marking affixed to either the electrical apparatus or the apparatus' packaging, instructions for use or guarantee certificate is unduly affixed, or that the CE mark or CE marking is affixed to some other item accompanying the apparatus;
c
a statement of the grounds upon which it is established that the CE mark or CE marking has been or is being unduly affixed in relation to the electrical apparatus; and
d
an indication as to which of the following procedures cannot be commenced unless the requirements of this regulation are satisfied: —
i
a notice pursuant to regulation 78 or 79 below; or
ii
proceedings pursuant to regulation 82, 85, 94 or 95 below,
and may include such other information as may be considered expedient to enable the person to whom the notice is addressed to decide what action should be taken to end the particular infringement.
5
This regulation does not apply where it is found that apparatus bearing the CE mark or CE marking does not comply with the protection requirements.
;
e
for regulation 85, there shall be substituted the following regulation —
Misuse of the CE marking etc
85
1
Any person who, in relation to any relevant apparatus, or any electrical apparatus other than relevant apparatus, affixes the CE marking or any other inscription or marking in contravention of regulation 33(5), (6) or (7) above, shall be guilty of an offence.
2
Any person who issues an EC declaration of conformity in relation to —
a
any relevant apparatus in contravention of regulation 34(3) above; or
b
any electrical apparatus in contravention of regulation 34(4) above,
shall be guilty of an offence.
;
f
in regulation 94(1), for sub-paragraph (b) of paragraph (1) there shall be substituted the following sub-paragraph —
b
electrical apparatus other than relevant apparatus, on the grounds that the CE marking, or an inscription liable to be confused therewith, is affixed in relation to it in contravention of regulation 33(7) above;
;
g
in regulation 95(1), for sub-paragraph (b) of paragraph (1) there shall be substituted the following sub-paragraph —
b
electrical apparatus other than relevant apparatus, on the grounds that the CE marking, or an inscription liable to be confused therewith, is affixed in relation to it in contravention of regulation 33(7) above;
; and
h
for Schedule 4, there shall be substituted the following Schedule —
SCHEDULE 4
THE CE MARKING
Regulation 33
1
In the CE marking, the initials CE shall take the following form
For the avoidance of doubt, it is hereby declared that the grid providing the background in the above graduated drawing is not part of the CE marking.
2
If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.
3
The various components of the CE marking must have substantially the same vertical dimension, which may not be less than 5 mm.
.
Transitional provisions pursuant to Article 14.2 of the CE Marking Directive
5
1
This regulation shall apply to make provision in respect of relevant apparatus —
a
supplied before 1st January 1997; or
b
taken into service before that date,
in relation to which the responsible person elects, pursuant to Article 14.2 of the CE Marking Directive, to affix the CE mark.
2
Where this regulation applies, the principal Regulations shall have effect as if the amendments made by regulation 4 above, save for paragraph (d), had not come into force.
3
Where the letters “CE” are affixed in relation to relevant apparatus but the requirements of regulation 33 and Schedule 4 of the principal Regulations as substituted by regulation 3 above are not complied with, then, unless the responsible person has demonstrated an intention to comply with those provisions as so substituted, he shall be presumed to have elected to affix the CE mark.
Disapplication of the principal Regulations pursuant to Article 2.2 of the EMC Directive
6
1
For regulation 22 of the principal Regulations there shall be substituted the following —
Medical devices
22
1
This regulation applies to medical devices first supplied in the Community on or after 30th December 1994 (hereinafter referred to as a “relevant medical device”).
2
Subject to paragraph (3) below, on and before 13th June 1998, these Regulations apply to relevant medical devices.
3
Paragraph (2) above shall not apply where either —
a
both of the following conditions are satisfied —
i
the manufacturer elects to comply with the Wireless Telegraphy (Control of Interference from Electro Medical Apparatus) Regulations 1963 if applicable; and
ii
the relevant medical device
aa
if required pursuant to any Community obligation other than the EMC Directive or the Medical Devices Directive to bear the CE mark or CE marking, neither bears nor is accompanied by any other indication, howsoever expressed, that it complies with either of those Directives; or
bb
where sub-paragraph (aa) above does not apply, bears neither the CE mark nor the CE marking, nor any inscription likely to be confused with such mark or marking; or
b
in relation to a device first supplied in the Community on or after 1st January 1995, the manufacturer elects to comply with the Medical Devices Directive and the device bears the CE marking.
4
In so far as the Wireless Telegraphy (Control of Interference from Electro Medical Apparatus) Regulations 1963 impose electromagnetic compatibility requirements which must be complied with if a relevant medical device is to be supplied, used or taken into service, those Regulations shaLl cease to apply except where paragraph (3)(a)(i) above applies.
5
In —
a
this regulation, “Medical Devices Directive” means Council Directive 93/42/EEC concerning medical devices ; and
b
this regulation and in regulations 3 and 11, “medical device” has the meaning given by Article 1.2(a) of the Medical Devices Directive.
.
2
For regulation 27 of the principal Regulations there shall be substituted the following regulation —
Telecommunications terminal equipment and satellite earth station equipment
27
1
Nothing in these Regulations shall impose electromagnetic compatibility requirements in so far as such requirements are specific to any description of telecommunications terminal equipment or satellite earth station equipment.
2
For the purposes of paragraph (1) above, electromagnetic compatibility requirements shall be taken to be specific —
a
to a description of telecommunications terminal equipment, if that equipment is required to satisfy those requirements pursuant to Article 4(c) of the Telecommunications Terminal Equipment Directive; and
b
to a description of satellite earth station equipment, if that equipment is required to satisfy those requirements pursuant to Article 4(c) of the Telecommunications Terminal Equipment Directive as extended to such equipment by Article 4.4 of the Satellite Earth Station Equipment Directive.
3
In the application of these Regulations to telecommunications terminal equipment and satellite earth station equipment, these Regulations shall have effect as if —
a
in regulation 31, paragraph (b) were omitted;
b
in regulations 36 and 42, there were omitted in each case —
i
from paragraph (1), the words “Subject to paragraph (2) below,”; and
ii
the whole of paragraph (2) (the disapplication of the provisions of Parts IV and V to radiocommunication transmission apparatus); and
c
the whole of Part VI (the EC type-examination route to compliance for radiocommunication transmission apparatus) were omitted.
.
Other amendments to the principal Regulations
7
The principal Regulations are hereby amended as follows: —
a
in regulation 3 —
i
in paragraph (2), there shall be added at the end of the definition of “kit” the following —
and for the avoidance of doubt, it is hereby declared that for the purposes of the definition of “system” in this paragraph and of the application of regulation 7 below, a kit shall be considered to be a system with an intrinsic function intended for the end user notwithstanding that, when it is supplied, it is not yet assembled;
; and
ii
in paragraph (6) after the words “person who imported it” there shall be inserted the words “from a country or territory other than a member State”;
b
for regulation 8 there shall be substituted the following regulation —
Education and training equipment
8
1
This regulation applies to education and training equipment which would not, except for the provisions of this regulation, conform with the protection requirements under normal conditions of use in its usual electromagnetic environment.
2
Education and training equipment to which this regulation applies shall be deemed to conform with the protection requirements if it satisfies the following conditions —
a
in relation to supply, the apparatus is accompanied by a declaration in English stating that the use of the apparatus outside the classroom, laboratory, study area or similar such place invalidates conformity with the protection requirements of the Electromagnetic Compatibility Directive ( 89/336/EEC ) and could lead to prosecution; and
b
the equipment when operated does not cause electromagnetic disturbance to apparatus situated outside its immediate electromagnetic environment.
3
In these Regulations, “education and training equipment” means any relevant apparatus (including a kit) —
a
supplied or possessed for supply to education or training establishments or manufactured in such an establishment for the purposes of experimentation, learning or practical training; and
b
the usual electromagnetic environment of which is a classroom, laboratory, study area or similar such place.
;
c
in regulation 11 —
i
for sub-paragraph (b)(ii)(aa) there shall be substituted the following —
aa
the supplier believes (with reasonable cause) will be used in that member State;
and
ii
after sub-paragraph (b) there shall be added the following —
Provided that this regulation shall not apply to medical devices.
;
d
in regulation 23(2), for the symbol “H3” there shall be substituted the symbol “Hz”;
e
in regulation 36(2), for “regulation 37” there shall be substituted “regulation 38”; and
f
in regulation 39, the words “by notice in the London, Edinburgh and Belfast Gazettes” shall, on each occasion that they occur, be omitted.
Amendments to other legislation
8
Schedule 1 to the Provision and Use of Work Equipment Regulations 1992 is hereby amended as follows —
a
for paragraph 28 there shall be substituted the following —
28
Council Directive 89/336/EEC on the approximation of the laws of the member States relating to electromagnetic compatibility ( OJ No. L139, 23.5.89, p.19); as amended by Council Directive 92/31/EEC (OJ No. L126, 12.5.92, p.11) and Article 5 of Council Directive 93/68/EEC (OJ No. L220, 30.8.93, p.1.);
and
b
paragraph 35 shall be omitted.
Ian Taylor
Parliamentary Under Secretary of State for Trade and Technology,
Department of Trade and Industry
2nd December 1994


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Child Safety) Amendment Regulations 1994 and shall come into force on 15th June 1994.
Amendment of regulation 2 of the Medicines (Child Safety) Regulations 1975
2
1
Regulation 2(3) of the Medicines (Child Safety) Regulations 1975 (child resistant containers for aspirin and paracetamol) shall be amended in accordance with the following paragraphs of this regulation.
2
For sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
reclosable containers which are opaque or dark-tinted, identical in all respects to containers which comply with the requirements of British Standard EN 28317 published by the British Standards Institution on 15 February 1993, or
.
3
For sub-paragraph (e) there shall be substituted the following sub-paragraph —
e
reclosable containers which are opaque or dark-tinted, identical in all respects to containers which comply with the requirements of British Standard 6652 published on 30 September 1985 as amended and re-published on 30 June 1989, and which —
i
have been certified by the British Standards Institution as complying with those requirements, or
ii
are part of a series of containers in respect of which the licensing authority has been furnished with a report by the British Standards Institution to the effect that such containers comply with the requirements of British Standard 6652 as amended.
.
Signed by Authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under-Secretary of State
Department of Health
23rd May 1994
John Redwood
Secretary of State for Wales
24th May 1994
Fraser of Carmyllie
Minister of State The Scottish Office
24th May 1994
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 24th day of May 1994.
F. A. Elliott
Permanent Secretary


text:
1
This Order may be cited as the Criminal Justice Act 1993 (Commencement No. 7) Order 1994.
2
Section 72 of the Criminal Justice Act 1993 (Backing of Warrants: Safeguards) shall come into force on 22nd August 1994.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
20th July 1994


text:
1
These Regulations may be cited as the Insurance (Fees) Regulations 1994 and shall come into force on 1st April 1994.
2
The Insurance (Fees) Regulations 1993 are hereby revoked.
3
In these Regulations —
“ the Act ” means the Insurance Companies Act 1982;
“Community company” means an insurance company (other than a pure reinsurer) whose head office is in a member State other than the United Kingdom;
“Community deposit company” means an insurance company (other than a pure reinsurer) whose head office is not in a member State and which has made a deposit in a member State other than the United Kingdom in accordance with section 9(1)(c) as it has effect in pursuance of section 9(2)(b) of the Act;
“gross premiums receivable” means —
in the case of an insurance company other than a Community company, a Community deposit company or a Swiss general insurance company which carries on either long term business or general business but not both, the gross amount of premiums receivable in respect of its global business required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate, or where, by reason of an Order made under section 68 of the Act such amounts are not required to be included, the amounts which would otherwise have been required to be so included;
in the case of an insurance company, other than a Community company or a Community deposit company, which carries on both long term business and general business, the sum of the gross amounts of premiums receivable in respect of its global long term business and global general business respectively required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate, or where, by reason of an Order made under section 68 of the Act such amounts are not required to be included, the amounts which would otherwise have been required to be so included;
in the case of a Community deposit company which carries on either long term business or general business but not both through an agency or branch in the United Kingdom, the gross amount of premiums receivable in respect of its United Kingdom branch business required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate, or where, by reason of an Order made under section 68 of the Act such amounts are not required to be included, the amounts which would otherwise have been required to be so included;
in the case of a Community deposit company which carries on both long term business and general business through an agency or branch in the United Kingdom, the sum of the gross amounts of premium receivable in respect of its United Kingdom branch long term business and United Kingdom branch general business respectively required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate, or where, by reason of an Order made under section 68 of the Act such amounts are not required to be included, the amounts which would otherwise have been required to be so included;
in the case of a Swiss general insurance company which carries on general business through an agency or branch in the United Kingdom, the gross amount of premiums receivable in respect of its United Kingdom branch business required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate, or where by reason of an Order made under section 68 of the Act, such amounts are not required to be included, the amounts which would otherwise have been required to be so included;
“group” means a body corporate together with: —
all of its wholly-owned subsidiaries;
any body corporate of which it is a wholly-owned subsidiary;
all bodies corporate which are wholly-owned subsidiaries of any such body corporate as is first mentioned in (b) above;
“pure reinsurer” means an insurance company whose authorisation to carry on business in the United Kingdom is restricted to reinsurance;
“Swiss general insurance company” has the meaning given to it by section 11(7)(a) of the Act;
“wholly-owned subsidiary” has the meaning given to it by section 736(2) of the Companies Act 1985 ;
“winding up” includes an analogous procedure under any jurisdiction other than that of any part of the United Kingdom.
4
Subject to regulations 5 to 8 below, when documents are deposited under section 22(1) of the Act the insurance company oncerned shall pay to the Secretary of State the fee as set out in the table below, according to the amount of its gross premiums receivable for the financial year to which the documents deposited relate: —
Gross premiums receivable Fee
Over £250,000 up to and including £500,000 £300 Over £500,000 up to and including £2,000,000 £1,175 Over £2,000,000 up to and including £5,000,000 £10,175 Over £5,000,000 up to and including £10,000,000 £13,000 Over £10,000,000 up to and including £20,000,000 £16,375 Over £20,000,000 up to and including £50,000,000 £17,500 Over £50,000,000 £19,460
5
These Regulations do not apply in the case of —
a
a Community company; or
b
any other insurance company where its gross premiums receivable in respect of the financial year to which documents deposited by it under section 22(1) of the Act relate do not exceed £250,000.
6
1
Subject to paragraph (2) below, where the sum of the fees payable under regulations 4 and 5 above by all the insurance companies within a group exceeds £136,220 the fee in respect of each of those insurance companies shall be abated proportionately so that the sum of the fees payable by those insurance companies is £136,220.
2
For the purposes of paragraph (1)
above, an insurance company shall be deemed to be a member of a group at the date upon which it deposits documents in respect of a financial year in accordance with section 22(1) of the Act if it was a member of that group at the end of the financial year to which those documents relate.
7
No fee shall be payable under regulation 4 where, at the date upon which documents are deposited under section 22(1) of the Act —
a
the insurance company is subject to the process of winding up and cannot lawfully effect any contracts of insurance;
b
the insurance company is subject to a direction by the Secretary of State given under section 11 of the Act or section 11 of the Insurance Companies Act 1981 that it shall cease to be authorised to effect contracts of insurance (including reinsurance) of all classes for which it had been authorised under section 3 or 4 of the Act or under section 3 or 4 of the said Act of 1981; or
c
the insurance company is subject to a restriction imposed under section 68 of the Companies Act 1967 or section 13 of the Insurance Companies Amendment Act 1973 , or imposed or deemed to have been imposed under section 29 of the Insurace Companies Act 1974 , which, in any of those cases and taking into account the authorisation of the company, has the result that the company is prohibited from effecting any contract of insurance (including reinsurance) in the United Kingdom.
8
These Regulations do not apply when copies of an abstract of an actuary’s report of an investigation made under section 18(1) of the Act are deposited with the Secretary of State unless the abstract is of a report of an investigation which is required to be made by paragraph (a) of that subsection.
9
Where a statement is deposited under section 86(1) of the Act by the Council of Lloyd’s it shall pay to the Secretary of State a fee of £97,300.
10
For the purposes of section 94A(6) of the Act, the relevant functions of the Secretary of State in relation to insurance companies and the members of Lloyd’s are anything done for the purpose of or in connection with —
a
ysections 11 to 13, Part II, sections 75 and 78, Part IV and section 94A(e) of the Act, including prosecution of offences alleged to have been committed under any of those provisions or under provisions in earlier legislation which are analogous to those provisions;
b
section 98 of the Act in respect of the functions set out in sub-paragraph (a) above;
c
proposals for United Kingdom and European Communities legislation.
Neil Hamilton
Parliamentary Under-Secretary of State,
Department of Trade and Industry
7th March 1994


text:
1
This Order may be cited as the Broadcasting (Prescribed Countries) Order 1994 and shall come into force on 14th March 1994.
2
The countries listed in the Schedule to this Order are hereby specified as prescribed countries for the purposes of section 43(4) of the Broadcasting Act 1990.
3
The Broadcasting (Prescribed Countries) Order 1991 and the Broadcasting (Prescribed Countries) (Amendment) Order 1993 are hereby revoked.
Peter Brooke
Secretary of State for National Heritage
24th February 1994


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Orders 1994 Revocation Order 1994 and shall come into force at 18.00 hours on 19th August 1994.
Revocation
2
The following Orders are hereby revoked: —
a
the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1994 ; and
b
the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.3) Order 1994 .
A J Matheson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
19th August 1994


text:
Citation, commencement and application
1
This Order may be cited as the Overseas Life Assurance Fund (Amendment) Order 1994, shall come into force on 10th January 1995 and shall apply in relation to periods of account of a company beginning after 31st October 1994 and ending on or after the day on which this Order comes into force.
Amendments to Schedule 19AA to the Income and Corporation Taxes Act 1988
2
Schedule 19AA to the Income and Corporation Taxes Act 1988 (overseas life assurance fund) shall be amended as follows.
3
In paragraph 2(3)(c), for the words from “either”to “paragraph” there shall be substituted the words “assets within paragraph 5(5)(a) or”.
4
1
In paragraph 4, for sub-paragraph (1) there shall be substituted —
1
The amount referred to in paragraph 3 above shall be determined by the formula —
A + B - C - D
where —
A is the liabilities of the company’s overseas life assurance business at the end of the period of account,
B is the appropriate part of the investment reserve at that time,
C is the value, at that time, of any land in the United Kingdom which is an asset linked solely to the company’s overseas life assurance business, and
D is the relevant fraction of the value, at that time, of any land in the United Kingdom which is an asset linked both to the company’s overseas life assurance business and to some other category of business.
.
2
In paragraph 4, in sub-paragraph (2) for the words “sub-paragraph (1)(b) above”there shall be substituted the words “sub-paragraph (1) above, in B,”.
3
In paragraph 4, after sub-paragraph (2) there shall be added —
3
In this Schedule “land”includes buildings and other structures, land covered with water, and any estate, interest, easement, servitude, right or licence in or over land.
4
In sub-paragraph (1) above, in D, “the relevant fraction”is the fraction of which —
a
the numerator is the value, at the end of the period of account, of such of the liabilities of the company’s overseas life assurance business as were liabilities in respect of benefits to be determined by reference to the value of the asset; and
b
the denominator is the value, at that time, of all the liabilities of the company’s long term business which were liabilities in respect of benefits to be so determined..
5
In paragraph 5(5) —
a
in paragraph (a), after the word “assets”there shall be inserted “, other than land in the United Kingdom,”;
b
in paragraph (c) —
i
after the word “assets”there shall be inserted the words “, other than land in the United Kingdom,”, and
ii
after the word “agency”there shall be inserted the words “outside the United Kingdom”;
c
for paragraph (e) there shall be substituted —
e
assets not within any of paragraphs (ea), (f) and (g) below;
ea
interests in authorised unit trusts;
;
d
after paragraph (f) there shall be inserted —
g
land in the United Kingdom;
.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
19th December 1994


text:
1
These Rules may be cited as the Family Proceedings (Amendment) (No. 3) Rules 1994 and shall come into force on 6th December 1994.
2
The Family Proceedings Rules 1991 shall be amended in accordance with the following provisions of these Rules and, in those provisions, any reference to a rule by number alone shall be construed as a reference to the rule so numbered in the said Rules of 1991.
3
In rules 6.11 and 6.12, for “or the High Court in Northern Ireland”, wherever they appear, there shall be substituted “, the High Court in Northern Ireland or the High Court of Justice of the Isle of Man”.
4
In rule 6.11(2), after “section 20(2) of the Act” there shall be inserted “or section 42(2) of the Child Custody Act 1987 (an Act of Tynwald)”.
5
In rule 6.11(4)(a), for “or High Court in Northern Ireland”, there shall be substituted “, the High Court in Northern Ireland or the High Court of Justice of the Isle of Man,”.
6
In rule 6.11(5), after “a court of summary jurisdiction in Northern Ireland” there shall be inserted “, the High Court of Justice of the Isle of Man, a court of summary jurisdiction in the Isle of Man”.
7
In rule 7.7(1) —
a
in the definition of “the appropriate court”, at the end, there shall be added “and, in relation to a specified dependent territory, the corresponding court in that territory”;
b
after the definition of “the appropriate court” there shall be inserted —
“the appropriate officer” means, in relation to the Court of Session, the Deputy Principal Clerk of Session, in relation to the High Court in Northern Ireland, the Master (Care and Protection) of that court and, in relation to the appropriate court in a specified dependent territory, the corresponding officer of that court;
c
the definitions of “the Deputy Principal Clerk” and “the Master” shall be deleted;
d
after the definition of “registration” there shall be inserted —
“specified dependent territory” means a dependent territory specified in column 1 of Schedule 1 to the Family Law Act 1986 (Specified Dependent Territories) Order 1991 .
.
8
For rule 7.8(3)(d), there shall be substituted —
d
in which of the jurisdictions of Scotland, Northern Ireland or a specified dependent territory the order is to be registered
.
9
In rules 7.8(4)(a) and 7.10(1)(a), for “the Deputy Principal Clerk or to the Master, as the case may be” there shall be substituted “the appropriate officer”;
10
In rule 7.9 —
a
for the heading there shall be substituted —
Registration of orders made in Scotland, Northern Ireland or a specified dependent territory
; and
b
for “Scotland or Northern Ireland”, there shall be substituted “Scotland, Northern Ireland or a specified dependent territory”.
11
In rule 7.11 —
a
for the heading there shall be substituted —
Registration of revoked, recalled or varied orders made in Scotland, Northern Ireland or a specified dependent territory
; and
b
in paragraph (1), for “Scotland or Northern Ireland”, there shall be substituted “Scotland, Northern Ireland or a specified dependent territory”.
Mackay of Clashfern, C.
Stephen Brown, P.
Anne Downey
Gerald Angel
James Holman
J. M. Appleby
David Salter
Sandra Andrew
Dated 25th October 1994


text:
Citation, commencement and interpretation.
1
1
This Order may be cited as the East Hertfordshire National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th June 1994.
2
In this Order —
“the Authority” means the East and North Hertfordshire Health Authority;
“the Trust” means the East Hertfordshire 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 31st March 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th June 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th May 1994


text:
1
This Order may be cited as the A4 Trunk Road (Great West Road, Hounslow) (Prescribed Routes) Order 1994 and shall come into force on 30th September 1994.
2
In this Order —
“Great West Road” means that length of the A4 Trunk Road in the London Borough of Hounslow known as Great West Road;
“Syon Lane” means the road of that name in the London Borough of Hounslow;
“eastern traffic island” means the island site in the westbound carriageway of Great West Road which extends eastwards from its junction with Syon Lane for a distance of 9.3 metres; and
“western traffic island” means the island site in the eastbound carriageway of Great West Road which extends westwards from its junction with Syon Lane for a distance of 10.8 metres.
3
Every person causing or permitting a vehicle to pass to the right of the eastern traffic island or the western traffic island shall cause that vehicle to turn right into Syon Lane.
4
Every person causing or permitting a vehicle to pass to the left of the eastern traffic island or the western traffic island shall cause that vehicle to proceed straight ahead or turn left.
5
Nothing in this Order shall apply to anything done with the permission or at the direction of a constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State
I. E. W. Brown
A Grade 6 Officer for Transport Highways Agency London Office
19th September 1994