text:
PART I
INTERPRETATION AND GENERAL
Citation and commencement
1
These Regulations may be cited as the Genetically Modified Organisms (Contained Use) Regulations 1992 and shall come into force on 1st February 1993.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1989 Regulations ” means the Genetic Manipulation Regulations 1989 ;
“accident” means any incident involving a significant and unintended release of genetically modified organisms in the course of an activity involving genetic modification which presents an immediate or delayed hazard to human health or to the environment;
“approved” means approved in writing for the time being by the Executive ;
“activity involving genetic modification” means any operation involving the contained use of a genetically modified organism;
“contained use” means any operation in which organisms are genetically modified or in which such genetically modified organisms are cultured, stored, used, transported, destroyed or disposed of and for which physical barriers or a combination of physical barriers with chemical or biological barriers or both, are used to limit their contact with the general population and the environment;
“the contained use Directive ” means Council Directive No. 90/219/ EEC on the contained use of genetically modified micro-organisms;
“the Executive” means the Health and Safety Executive;
“genetic modification” in relation to an organism means the altering of the genetic material in that organism by a way that does not occur naturally by mating or natural recombination or both and within the terms of this definition —
genetic modification occurs at least through the use of the techniques listed in Part I of Schedule 1; and
the techniques listed in Part II of that Schedule are not considered to result in genetic modification,
and “genetically modified” shall be construed accordingly;
“genetic modification safety committee” means the committee established in accordance with regulation 11;
“micro-organism” means a microbiological entity, cellular or non-cellular, capable of replication or of transferring genetic material including animal or plant cell cultures;
“organism” means a biological entity capable of replication or of transferring genetic material and includes a micro-organism;
“self-cloning” means the removal of nucleic acid from a cell or organism, followed by the re-insertion of all or part of that nucleic acid — with or without further enzymic, chemical or mechanical steps — into the same cell type (or cell-line) or into a phylogenetically closely related species which can naturally exchange genetic material with the donor species;
“Type A operation” means any activity involving genetically modified microorganisms for the purposes of teaching, research, development, or for non-industrial or non-commercial purposes on a scale at which the practices and conditions of the operations relative to the culture, volume and numbers of organisms involved is such that —
the system used to keep the organisms under containment reflects good microbiological practice and good occupational safety and hygiene; and
it is possible easily to render the organisms inactive by standard laboratory decontamination techniques;
“Type B operation” means any activity involving the genetic modification of microorganisms other than a Type A operation.
2
Genetically modified organisms shall be classified —
a
in the case of micro-organisms —
i
as Group I micro-organisms if they comply with such of the criteria set out in Part I of Schedule 2 as are applicable to the particular case, determined in accordance with the guidelines set out in Part II of that Schedule which gives effect to Commission Decision 91/448/EEC , or
ii
as Group II micro-organisms if they do not comply with the said criteria; or
b
in the case of genetically modified organisms other than micro-organisms, in accordance with the criteria set out in Part III of Schedule 2.
3
In these Regulations, unless the context otherwise requires —
a
a reference to a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered; and
b
a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference occurs.
Application
3
1
These Regulations shall have effect with a view to protecting persons against risks to their health, whether immediate or delayed, and for the protection of the environment, arising from activities involving genetically modified organisms.
2
Regulations 8 to 12 shall not apply to the transport of genetically modified organisms by road, rail, inland waterway, sea or air.
3
These Regulations shall not apply to the genetic modification of organisms solely by any of the techniques referred to in Part III of Schedule 1 or to any organisms so modified.
4
Insofar as these Regulations relate to the protection of the environment, they shall only apply to genetically modified micro-organisms.
5
Nothing in these Regulations shall prejudice any requirement imposed by or under any enactment which relates to public health or the protection of the environment.
6
These Regulations shall not extend to Northern Ireland.
Meaning of “work” “at work”
4
For the purpose of these Regulations and Part I of the Health and Safety at Work etc. Act 1974 the meaning of “work” shall be extended to include any activity involving genetic modification and the meaning of “at work” shall be extended accordingly.
Modification of section 3(2) of the Health and Safety at Work etc. Act 1974
5
Section 3(2) of the Health and Safety at Work etc. Act 1974 shall be modified in relation to an activity involving genetic modification so as to have effect as if the reference to a self-employed person therein is a reference to any person who is not an employer or an employee and the reference in it to his undertaking includes a reference to such an activity.
PART II
NOTIFICATION OF AND CONSENT FOR ACTIVITIES INVOLVING GENETIC MODIFICATION
Prohibition of certain work with genetically modified organisms outside containment
6
1
Subject to paragraph (2), any operation in which organisms are genetically modified or in which such genetically modified organisms are cultured, stored, used, transported, destroyed or disposed of is prohibited unless it is undertaken in conditions of contained use in accordance with these Regulations.
2
Paragraph (1) shall not apply to any operation in which —
a
genetically modified organisms are cultured, stored, used, transported, destroyed or disposed of, where such organisms are or are contained in a product marketed in pursuance of —
i
a consent granted by the Secretary of State under section 111(1) of the Environmental Protection Act 1990 , or
ii
a written consent given by another competent authority of a member State in accordance with Article 13(4) of Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms, and
in either case, the operation is conducted in accordance with any conditions or limitations attached to that consent
b
genetically modified organisms are released or marketed in circumstances in which the consent of the Secretary of State is required under section 111(1) of the Environmental Protection Act 1990.
3
In this regulation, “product” means a product consisting of or containing a genetically modified organism or a combination of genetically modified organisms.
Risk assessment
7
1
A person shall not —
a
use any premises for activities involving genetic modification for the first time; or
b
undertake any activity involving genetic modification,
unless he has ensured that, before commencing that use or activity, as the case may be, a suitable and sufficient assessment of the risks created thereby to human health and the environment has been made.
2
Without prejudice to the generality of paragraph (1), the purposes of the assessment undertaken under that paragraph shall include —
a
classifying any genetically modified organisms involved in the activity in accordance with the provisions of Schedule 2; and
b
where appropriate, making decisions about the levels of containment required for the activity concerned.
3
In making the assessment required by paragraph (1) the person undertaking that assessment shall —
a
in particular, take due account of the parameters set out in Schedule 3 in as far as they are relevant; and
b
in a case in which the Executive has approved a method in relation to the activity involving genetic modification concerned or in relation to a particular element of that assessment, undertake the assessment in accordance with that method.
4
The assessment shall be reviewed forthwith if —
a
there is reason to suspect that the assessment is no longer valid; or
b
there has been a significant change in the activity to which the assessment relates.
5
The person making the assessment shall make a record of it and of any subsequent review and shall keep that record for at least 10 years from the date on which use of the premises or the activity, as the case may be, to which the assessment related, ceased.
Notification of the intention to use premises for activities involving genetic modification for the first time
8
1
Subject to the following paragraphs of this regulation and regulation 10, no person shall undertake any activity involving genetic modification at any premises for the first time, unless he has notified the Executive of his intention to do so at least 90 days in advance or before such shorter time as the Executive may approve and with that notification has furnished the particulars specified in Schedule 4.
2
In the case of activities involving the genetic modification of micro-organisms, separate notifications shall be made of an intention to use the premises for activities involving genetically modified micro-organisms of Group I or Group II.
3
In the case of activities involving genetically modified micro-organisms of Group II, the premises shall only be used for those activities after the Executive has given its consent.
4
In any other case, the use of the premises for the activity may be commenced at or after the end of the period of 90 days, or such shorter period as the Executive may have approved in pursuance of paragraph (1), unless the Executive objects in writing before the end of the relevant period.
5
In any case in which a consent is required under paragraph (3), the Executive shall communicate its decision on the application in writing within 90 days after the application was received.
6
Nothing in this regulation shall prevent a person from notifying under regulation 9 an individual activity which he intends to undertake in the premises at the same time as making a notification under this regulation; in such a case he shall not commence the activity except in accordance with the time periods specified in this regulation.
Notification of individual activities involving genetic modification
9
1
Subject to the following paragraphs of this regulation and regulation 10, no person shall undertake any activity involving genetic modification unless he has notified the Executive of his intention to do so at least 60 days in advance or before such shorter time as the Executive may approve and has furnished the particulars specified in the following paragraphs of this regulation and, except in the case of an activity to which paragraph (5) applies, the activity may be commenced after the expiry of the relevant period if by then the Executive has not objected in writing.
2
In the case of an activity which is —
a
a Type A operation involving only micro-organisms classified as Group I; or
b
an activity involving genetically modified organisms other than micro-organisms and which satisfy the criteria set out in Part III of Schedule 2,
it shall be a sufficient compliance with paragraph (1) if the person undertaking the activity keeps a record of such activities and forthwith after the end of each calendar year notifies the Executive —
i
of the total number of risk assessments under regulation 7 undertaken during that year;
ii
where appropriate, that he is intending to continue to undertake such activities; and
iii
that the information notified to the Executive in accordance with regulation 8 remains correct.
3
In the case of an activity which is a Type B operation involving only microorganisms classified as Group I, the specified particulars for the purposes of paragraph (1) shall be those specified in Part I of Schedule 5.
4
In the case of an activity which is —
a
a Type A operation involving genetically modified micro-organisms classified as Group II; or
b
an activity involving genetically modified organisms other than micro-organisms and which do not satisfy the criteria set out in Part III of Schedule 2,
the specified particulars for the purposes of paragraph (1) shall be those specified in Parts I and II of Schedule 5.
5
In the case of an activity which is a Type B operation involving genetically modified micro-organisms classified as Group II, the specified particulars for the purposes of paragraph (1) shall be those specified in Parts I, II and III of Schedule 5 and the activity shall only be commenced with the consent of the Executive.
6
In any case in which a consent is required under paragraph (5), the Executive shall communicate its decision on the application in writing within 90 days after the application was received.
7
The Executive may accept as a single notification a connected programme of work covering more than one activity involving genetic modification at one site, or a single activity carried on by the same person at more than one site.
Additional provisions relating to notifications and consents
10
1
Where necessary for the purpose of evaluating a notification made under regulation 8 or 9, the Executive may require in writing the person making the notification to give such additional information relating to the proposal as it may specify and, in such a case, the person making the notification shall not proceed with the activity involving genetic modification, until the Executive gives its approval, and the period between the time when the Executive requires the information and the notifier responds to the satisfaction of the Executive shall not be taken into account in calculating the periods of days referred to in the provisions concerned.
2
Any consent granted by the Executive under regulation 8 or 9 may be granted subject to conditions or to a limit of time and may be revoked or varied at any time and in such a case the person undertaking the activity shall comply with those conditions.
3
In so far as they relate to the protection of the environment, the Executive shall not grant, vary or revoke a consent under regulation 8 or 9, or give its approval under paragraph (1), without the agreement of the Secretary of State.
4
Where a person making a notification in pursuance of regulation 8 or 9 subsequently makes a significant change in any premises or activity to which the notification relates or becomes aware of any new information which would affect the particulars previously notified, he shall forthwith notify the Executive thereof.
5
If information subsequently becomes available to the Executive which could have significant consequences for the risks to health or the environment created by an activity involving genetic modification which has been notified to it, it may require the notifier to modify the conditions under which the activity is carried out, or to suspend or terminate the activity.
6
Notifications made in pursuance of regulations 8 and 9 shall be in a form approved by the Executive.
Establishment of a genetic modification safety committee
11
A person who undertakes an assessment made for the purposes of regulation 7(1) shall establish a genetic modification safety committee to advise him in relation to that assessment.
PART III
CONDUCT OF ACTIVITIES INVOLVING GENETIC MODIFICATION
Standards of occupational and environmental safety and containment
12
1
For any activity involving genetically modified micro-organisms of Group I, the principles of good microbiological practice and the following principles of good occupational safety and hygiene shall apply —
a
to keep workplace and environmental exposure to any physical, chemical and biological agent adequately controlled;
b
to exercise engineering control methods at source and to supplement these with appropriate personal protective clothing and equipment where necessary;
c
to test and maintain control measures and equipment;
d
to test, when necessary, for the presence of viable process organisms outside the primary physical containment;
e
to provide training of personnel; and
f
to formulate and implement local rules for the safety of personnel.
2
For the purpose of paragraph (1) “adequate” in relation to the control of an agent means adequate having regard only to the nature of the agent and the nature and degree of exposure to such an agent and “adequately” shall be construed accordingly.
3
For any activities involving genetically modified micro-organisms of Group II in Type A operations, in addition to the principles set out in paragraph (1) the containment measures shall be determined by a method approved by the Executive.
4
For any activities involving genetically modified micro-organisms of Group II in Type B operations, in addition to the principles set out in paragraph (1) the containment measures set out in Schedule 6 shall be applied at an appropriate level so as to ensure a high level of health and safety and environmental protection.
5
For any activities involving genetically modified organisms other than microorganisms, the principles set out in paragraph (1) shall be applied in as far as they are appropriate.
Emergency plans
13
1
Where the assessment made in accordance with regulation 7(1) shows that as a result of any reasonably foreseeable accident the health or safety of persons outside the premises in which an activity involving genetic modification is carried on is liable to be affected or there is a risk of damage to the environment, the person undertaking the activity shall ensure that a suitable emergency plan is prepared with a view to securing the health and safety of those persons and the protection of the environment.
2
The person preparing the plan shall consult such persons, bodies and authorities as are appropriate and shall inform the emergency services in writing of the plan and of the hazards to which the plan relates.
3
The person undertaking the activity involving genetic modification which is the subject of the emergency plan shall take appropriate measures to inform persons who are liable to be affected by an accident of the safety measures and the correct behaviour to adopt in the event of an accident.
4
The information required to be given in pursuance of paragraph (3) shall be repeated and brought up to date at appropriate intervals and shall be made publicly available.
Notification of accidents
14
1
Where an accident occurs, the person undertaking the activity involving genetically modified organisms shall forthwith notify the Executive of it and shall provide the following information —
a
the circumstances of the accident;
b
the identity and quantity of genetically modified organisms released;
c
any information necessary to assess the effects of the accident on the health of the general population and on the environment; and
d
the emergency measures taken.
2
Where the Executive receives a notification in pursuance of paragraph (1), the Executive shall —
a
ensure that any emergency, medium and long term measures are taken;
b
immediately inform any other member State that could be affected by the accident;
c
collect, where possible, the information necessary for a full analysis of the accident and, where appropriate, make recommendations to avoid similar accidents in the future and to limit their effects; and
d
send to the European Commission the information provided for under paragraph (1), together with an analysis of the accident and details of any recommendations made to avoid similar accidents in the future and to limit their effects.
PART IV
DISCLOSURE OF INFORMATION NOTIFIED AND PUBLICITY
Disclosure of information notified
15
1
The information notified in pursuance of regulations 8 to 10 shall not be treated as relevant information for the purposes of section 28 of the Health and Safety at Work etc. Act 1974.
2
Where a person making a notification in pursuance of regulations 8 to 10 indicates that it contains certain information the disclosure of which might harm his competitive position and should be kept confidential, full justification for that indication shall be given and in such a case after consulting the notifier the Executive shall decide which information shall be kept confidential and shall inform the notifier of its decision.
3
Nothing in paragraph (2) shall apply to the following information which shall not be kept confidential —
a
the name and address of the notifier and the location of the activity involving genetic modification;
b
the purpose of the activity;
c
the description of the genetically modified organism involved;
d
methods and plans for monitoring the genetically modified organism and for emergency response; and
e
the evaluation of foreseeable effects and in particular pathogenic effects and ecologically disruptive effects.
4
Notwithstanding paragraph (3), where the Executive is satisfied on the basis of detailed evidence submitted to it by the notifier and where appropriate, after consultation with the notifier, that it is necessary to withhold, for the time being, certain of the information specified in paragraph (3) in order to protect his intellectual property rights, the Executive shall withhold that information to the extent and for so long as it is necessary to protect those rights.
5
Information which is kept confidential in accordance with paragraph (2) or withheld in accordance with paragraph (4) shall be disclosed only —
a
to the Secretary of State;
b
to the European Commission or the competent authority for Northern Ireland or another member State;
c
for the purpose of any legal proceedings;
d
with the consent of the notifier; or
e
to the extent necessary to evaluate the notification.
6
A person who receives information in accordance with sub-paragraph (e) of paragraph (5) shall not use that information except for a purpose of the Executive or the Secretary of State.
7
Where the notifier has requested that certain information in the notification shall be kept confidential in accordance with paragraph (2) or withheld in accordance with paragraph (4), the Executive shall not disclose any of that information (except in accordance with paragraph (5)) until at least 14 days after it has reached a decision under the relevant paragraph.
8
After consulting the notifier, the Executive may review any decision made under paragraph (2) or (4) and shall inform the notifier of the result of that review.
9
Where, for whatever reason, the notifier withdraws the notification, the Executive shall not thereafter disclose any of the information supplied.
Register of notifications
16
1
The Executive shall maintain a register of notifications to which regulation 8(3) or 9(5) relate (for which the consent of the Executive is required) and that register shall be open to inspection by members of the public at any reasonable time.
2
The register referred to in paragraph (1) shall contain in relation to each such notification —
a
such of the information referred to in regulation 15(3) as has not been withheld in accordance with paragraph (4) of that regulation; and
b
a statement as to whether or not the consent of the Executive has been granted.
3
The information referred to in sub-paragraph (a) of paragraph (2) shall be entered in the register within 14 days of its receipt by the Executive and the information referred to in sub-paragraph (b) of that paragraph within 14 days of the decision whether to grant the consent or not having been made, except that where the notifier has requested that certain information specified in regulation 15(3) be withheld in accordance with regulation 15(4), that information shall only be entered in the register not less that 14 days but not more than 28 days after the Executive has made a decision not to withhold that information.
4
Copies of the register shall be maintained at —
a
the area office of the Executive in whose area the notifier is situated; and
b
Baynards House, 1, Chepstow Place, Westbourne Grove, London W2 4TF, and
c
Magdalen House, Stanley Precinct, Bootle, Merseyside, L20 3QZ.
PART V
ADDITIONAL DUTIES PLACED ON THE EXECUTIVE
Duties on receiving notifications
17
The Executive shall examine a notification under regulation 8 or 9 for —
a
the conformity with the requirements of these Regulations;
b
the accuracy and completeness of the information given;
c
the correctness of the classification of the organisms to which the notification relates in accordance with Schedule 2; and
d
where appropriate, the adequacy of the waste management, safety and emergency response measures.
Information to be sent to the Secretary of State
18
Forthwith after receipt, the Executive shall send to the Secretary of State a copy in each case of —
a
any notification received under regulation 8 or 9;
b
any requirement for further information under regulation 10(1) and the response thereto; and
c
any notification relating to an accident under regulation 14,
and if requested to do so by the Secretary of State shall require additional information under regulation 10(1).
Reports to the European Commission
19
The Executive shall send to the European Commission reports of notifications for which a consent is required under regulation 9(5) and summary reports of the application of these Regulations in accordance with Article 18 of the contained use Directive.
PART VI
MISCELLANEOUS AND GENERAL
Exemption certificates
20
1
Subject to paragraph (2) and to any provisions imposed by the Communities in respect of the control and regulation of genetically modified organisms, the Executive may, with the agreement of the Secretary of State in so far as the exemption relates to the environment, by a certificate in writing, exempt any person or class of persons, genetically modified organism or class of genetically modified organisms from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and in particular to —
a
the conditions, if any, that it proposes to attach to the exemption; and
b
any requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption or the protection of the environment will not be prejudiced in consequence of it.
Enforcement and civil liability
21
1
Insofar as any provision of regulations 6 to 14 is made under section 2 of the European Communities Act 1972 —
a
the provisions of the Health and Safety at Work etc. Act 1974 relating to enforcement and offences shall apply to that provision as if that provision had been made under section 15 of that Act; and
b
in the event of a breach of duty imposed by that provision, it shall confer a right of action in civil proceedings if that breach of duty causes damage.
2
Notwithstanding regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1989 , the enforcing authority for these Regulations shall be the Executive.
Fees for notifications
22
1
Fees shall be payable in accordance with paragraph (2) by a notifier to the Executive in relation to any matter referred to in that paragraph.
2
The fees referred to in paragraph (1) shall be —
a
subject to sub-paragraph (b), on each notification of the intention to use premises for activities involving genetic modification for the first time under regulation 8, £100;
b
on each notification of the intention to use premises for activities involving genetic modification for the first time, where a consent is required under regulation 8(3), £130;
c
subject to sub-paragraph (d), on each notification of individual activities involving genetic modification under regulation 9, £180;
d
on each notification of individual activities involving genetic modification for which a consent is required under regulation 9(5), £270.
3
This regulation shall not apply to any notification made for the purposes of regulation 23(1) or (3) (which relates to transitional provisions).
Transitional provisions
23
1
Where before 1st February 1993 a person had notified the Executive of his intention to undertake activities involving genetic modification which complied with regulation 5(1) and (2)(a) of the 1989 Regulations as then in force, that notification shall be treated as satisfying the requirements of regulation 8 except that regulation 8(3) shall apply to that activity on or after 1st February 1994.
2
Before 2nd May 1993 it shall be a sufficient compliance with regulation 8 if the notifier commences the activity having notified his intention to do so 30 days in advance or such shorter time in advance as the Executive may approve and regulation 8(3) shall not apply to activities commenced before 2nd May 1993 until 1st February 1994.
3
Where before 1st February 1993 a person had notified the Executive of his intention to undertake activities involving genetic modification which complied with regulation 5(1) and (2)(b) of the 1989 Regulations as then in force, that notification shall be treated as satisfying the requirements of regulation 9 except that regulation 9(5) shall apply to that activity on or after 1st February 1994.
4
Before 2nd April 1993 it shall be a sufficient compliance with regulation 9 if the notifier of an activity involving genetic modification had notified it in accordance with that regulation 30 days in advance or such shorter time in advance as the Executive may approve and regulation 9(5) shall not apply to activities commenced before 2nd April 1993 until 1st February 1994.
5
Regulation 10 shall apply to any notification made on or after 1st February 1993.
Extension outside Great Britain
24
These Regulations shall apply in relation to premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 1989 as they apply to premises and activities within Great Britain.
Revocation
25
The 1989 Regulations are revoked.
Signed by order of the Secretary of State.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Employment
15th December 1992


type: legislation

jurisdiction: UK

text:
Citation and Commencement
1
This Order may be cited as the Portsmouth (Pilotage) Harbour Revision Order 1992 and shall come into force on 21st May 1992.
Interpretation
2
In this Order the following expressions have the meanings hereby assigned to them respectively: —
“the Council” means the Portsmouth City Council;
“the existing area of jurisdiction” means the area comprised in the limits of the Camber Dock, Flathouse Wharf and Mile End Quay undertakings of the Council as extended by the Portsmouth (Pilotage) Harbour Revision Order 1988 ;
“the signed plan” means the plan signed in triplicate by an Assistant Secretary in the Department of Transport, two copies of which have been deposited at that Department and one copy of which has been deposited at the offices of the City Secretary and Solicitor of the Council situated at Guildhall Square, Portsmouth PO1 2AL.
Extension of the Limits of Jurisdiction for the purposes of pilotage
3
The limits within which the Council shall have jurisdiction for the purposes of pilotage under Part I of the Pilotage Act 1987 shall include (in addition to the existing area of jurisdiction) the area shown coloured pink on the signed plan, being so much of the area of the Solent outside the Harbour as extends from Gilkicker Point Light (Latitude 50° 46' .4N Longitude 1° 08' .4W) to the western end of Ryde Pier (Latitude 50° 44' .3N Longitude 1° 09' .6W) and from a position at Culver Cliff on the Isle of Wight (Latitude 10° 40' N Longitude 1° 05' .6W) to the Nab Tower (Latitude 50° 40' .0N Longitude 0° 57' .1W), thence to a position 1.1 miles due south of Selsey Bill (Latitude 50° 43' .3N Longitude 0° 47' .2W), thence on a line due north to a position 0.1 miles due south of Selsey Bill, thence to Chichester Beacon (Latitude 50° 45' .9N Longitude 0° 56' .4W), thence to Horse Elbow Foul Buoy (Latitude 50° 44' .4N Longitude 1° 03' .4W) thence in a south westerly direction to Warner Buoy (Latitude 50° 43' .833N Longitude 1° 03' 917W), thencce due west (true) to a position at (Latitude 50° 43' .833N Longitude 1° 05' .6W), thence due north (true) to No Man’s Land Fort Light (Latitude 50° 44' .4N Longitude 1° 05' .6W), thence to Gilkicker Point Light and all the tidal water within Portsmouth Harbour.
Signed by authority of the Secretary of State
H. B. Wenban-Smith
An Under Secretary in the
Department of Transport
20th May 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Tyneside Health Care National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the South Tyneside Health Care 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 South Tyneside Health Care 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 own and manage hospital accommodation and services provided at South Tyneside District Hospital, South Shields, Tyne and Wear NE34 0PL and associated hospitals;
b
to manage community health services provided from Hartan Wing, South Tyneside District Hospital, South Shields, Tyne and Wear NE34 0PL and to own the 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 1993.
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 South Tyneside District 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 those premises to the trust.
2
The South Tyneside District 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 South Tyneside District 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
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
Citation and Commencement
1
These Regulations may be cited as the Social Security (Widow’s Benefit and Retirement Pensions) (Amendment) Regulations 1992 and shall come into force on 5th August 1992.
Amendment of regulation 4 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
2
In regulation 4 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 , in paragraph (1)(b)(ii), for the words “injury benefit or an unemployability supplement” there shall be substituted the words “injury benefit, graduated retirement benefit or an unemployability supplement”.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
14th July 1992


text:
1
The lengths of the trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as classified road as from the date on which the Secretary of State notifies the County Council of Norfolk that the new trunk roads referred to in article 1 of the A47 Trunk Road (Walpole Highway and Tilney High End Bypass and Slip Roads) Order 1992 are open for through traffic.
2
In this Order:
1
all measurements of distance are measured along the route of the relevant highway;
2
(i) “classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads; (ii) “the deposited plan” means the plan numbered HA10/2E/327 marked “The A47 Trunk Road (Walpole Highway and Tilney High End Bypass Detrunking) Order 1992” signed by the authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; (iii) “the trunk road” means the A47 Trunk Road.
3
This Order shall come into force on 24th November 1992 and may be cited as The A47 Trunk Road (Walpole Highway and Tilney High End Bypass Detrunking) Order 1992.
Signed by authority of the Secretary of State for Transport
Peter Emms
Regional Director Eastern Region
Department of Transport
2nd November 1992


text:
Citation and commencement
1
These Regulations may be cited as the Parliamentary Contributory Pension Fund (Exchequer Contribution) Regulations 1992 and shall come into force on 1st April 1992, immediately after the coming into force of the Parliamentary Pensions (Amendment) Regulations 1992 .
Interpretation
2
1
In these Regulations —
“the 1987 Act ” means the Parliamentary and other Pensions Act 1987
2
Expressions used in these Regulations have the meaning which they bear in the 1987 Act.
Exchequer contribution to the Fund
3
1
The amount of the Exchequer contribution to be paid into the Fund under section 3(1) of the 1987 Act in respect of each financial year during the period referred to in regulation 3(2) shall be 6.8 per cent of the amount of the salaries, attributable to the financial year in question, of the persons described in section 2(2) of the 1987 Act, in respect of which those persons contribute to the Fund in relation to that financial year.
2
The period during which the Exchequer contribution is to be calculated as described in regulation 3(1) is the period from 1 April 1992 until the beginning of the first financial year in respect of which the Government Actuary, in his first report made under section 3(3) of the 1987 Act after the coming into force of these Regulations, recommends the rate at which the Exchequer contribution should be paid into the Fund.
John Macgregor
Leader of the House of Commons
9 March 1992
We consent
Irvine Patnick
Gregory Knight
Two of the Lords Commissioners of Her Majesty’s Treasury
9 March 1992


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for English, Mathematics, Science, Technology, History and Geography) (Key Stage 1) Order 1992 and shall come into force on 1st August 1992.
2
The provisions of this Order apply for the purpose of ascertaining the achievements of pupils at or near the end of the final year of the first key stage in English, mathematics, science, technology, history and geography.
3
This Order applies to maintained schools in England only.
Revocation
2
The Education (National Curriculum) (Assessment Arrangements for English, Mathematics and Science) (Key Stage 1) Order 1991 and the Education (National Curriculum) (Assessment Arrangements for Technology) (Key Stage 1) Order are revoked.
Interpretation
3
1
In this Order —
“the associated documents” means documents published by Her Majesty’s Stationery Office, setting out levels of attainment, attainment targets and programmes of study in relation to English, mathematics, science, technology, history and geography respectively, which documents have effect by virtue of the section 4(2)(a) and (b) orders;
“the core subjects” means English, mathematics and science;
“maintained school” has the meaning assigned to it by section 25(1) of the Education Reform Act 1988;
“profile components” means the attainment target and the groupings of attainment targets in English and technology referred to in article 7;
“ SATs ” means standard assessment tasks for the purpose of assessing the levels of attainment the pupils have achieved in attainment targets in any subject in relation to which this Order applies, being tests laid down in provisions made by the Secretary of State under article 12 which have been published by Her Majesty’s Stationery Office;
“ SEAC ” means the School Examinations and Assessment Council;
“the section 4(2)(a) and (b) orders” means the Education (National Curriculum) (Attainment Targets and Programmes of Study in English) Order 1989 , the Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics) Order 1991 , the Education (National Curriculum) (Attainment Targets and Programmes of Study in Science) Order 1991 , the Education (National Curriculum) (Attainment Targets and Programmes of Study in Technol-ogy) Order 1990 , the Education (National Curriculum) (Attainment Targets and Programmes of Study in History) (England) Order 1991 and the Education (National Curriculum) (Attainment Targets and Programmes of Study in Geogra-phy) (England) ( No. 2) Order 1991 ;
“specified” means specified in relation to the first key stage by a section 4(2)(a) and (b) order;
“spring term” and “summer term” mean the second and third terms respectively in a school year;
references to the first key stage are references to the period set out in paragraph (a) of section 3(3) of the Education Reform Act 1988; and
references to levels of attainment, attainment targets and programmes of study are references to the levels, targets and programmes set out in the associated documents.
2
Where any average number required to be determined by this Order is not a whole number, it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number.
3
In this Order unless the context otherwise requires any reference to a numbered article is a reference to the article in this Order so numbered and any reference to a numbered paragraph is a reference to the paragraph so numbered in the article in which the reference appears.
Teacher assessment: provisions common to all subjects
4
1
The provisions of this article apply in relation to the core subjects, technology, history and geography.
2
Each pupil shall be assessed by a teacher not later than four weeks before the end of the summer term in accordance with those provisions and a record of the results shall be made by that teacher.
3
The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in relation to each attainment target specified for each subject which applies to him.
4
Subject to paragraph (5), the record of the results shall consist of a statement of each level of attainment achieved by the pupil in relation to every attainment target mentioned in paragraph (3).
5
Where it appears to the teacher that the pupil’s level of attainment in any attainment target is higher than level 3, but the teacher is unable to state that level in reliance on his assessment of the pupil under this article, the pupil shall be recorded as having achieved level 3.
6
In making an assessment of a pupil pursuant to this article and (in the case of the core subjects) article 5 the teacher shall take into account any guidance on assessment issued by the local education authority (in the case of a school maintained by such an authority) or by SEAC (in the case of a grant-maintained school), and in making such an assessment the teacher may take into account the results of any previous assessments of the pupil including assessments by means of SATs, whether or not the previous assessments were made by that teacher.
Standard task assessment: the core subjects
5
1
This article applies in relation to the core subjects.
2
Subject to article 12 each pupil shall be assessed in accordance with the provisions of this article, and such an assessment shall be known as a “ SAT assessment ”.
3
SATs shall be administered to the pupil during the second half of the spring term and the summer term (except the last four weeks thereof) in accordance with the provisions of the document in which they are published.
4
An assessment based on the pupil’s performance in each SAT shall be made, and the result thereof recorded, not later than four weeks before the end of the summer term.
5
The record of the results shall consist of a statement of each level of attainment achieved by the pupil in relation to each relevant attainment target.
6
In paragraph (5) “relevant attainment target” means any attainment target in which the SATs enable achievement to be assessed.
Determination of level of attainment by assessments: the core subjects
6
1
Subject to article 10 the provisions of this article regulate the application of the results of teacher and SAT assessments in order to determine a pupil’s level of attainment in each attainment target in the core subjects.
2
a
Where the results of the teacher assessment and the SAT assessment are the same, the level of attainment determined by those assessments shall be the pupil’s level;
b
where the SAT does not enable achievements to be assessed in relation to any attainment target, the level of attainment determined by the teacher assessment shall be the pupil’s level; and
c
where the results of the teacher assessment and the SAT assessment are different, subject to paragraphs (3) and (4) the level of attainment determined by the SAT assessment shall be the pupil’s level of attainment.
3
This paragraph applies where the results of the teacher assessment and the SAT assessment are different, and the application of the level of attainment determined by the teacher assessment in accordance with article 7 would produce a different profile component level (in the case of English) or subject level (in the case of mathematics and science) from that which such an application of the level determined by the SAT assessment would produce.
4
Where paragraph (3) applies the level of attainment determined by the teacher assessment shall, if the local education authority (in the case of a school which the authority maintain) or SEAC (in the case of a grant-maintained school) determine that it represents the more accurate assessment of the pupil’s achievements, be the pupil’s level of attainment.
Determination of attainment by profile component: English and technology
7
1
Subject to article 10 the provisions of this article regulate the determination of profile component levels in English and technology.
2
In the case of the writing profile component in English the level for that component shall, subject to paragraph (3), be the average of the levels attained by the pupil in the three attainment targets comprising the profile component.
3
For the purpose of calculating the average level referred to in paragraph (2) the attainment levels shall be weighted by the following factors:
writing 7 spelling 2 handwriting 1.
4
In the case of the profile component in technology entitled “Information Technology Capability”, the level of attainment shall be the pupil’s level of attainment for the attainment target so entitled.
5
In the case of the profile component in technology entitled “Design and Technology Capability ”, the level of attainment shall be the average of the level attained by the pupil in the four attainment targets comprising that profile component, weighted by the following factors —
Identifying needs and opportunities 3 Generating a design 5 Planning and making 8 Evaluating 4.
Determination of attainment by subject: English and technology
8
1
Subject to article 10 the provisions of this article regulate the aggregation of profile component levels of attainment to determine subject levels of attainment in English and technology.
2
A pupil’s level of attainment shall be the average of the profile component levels of attainment in that subject, calculated in accordance with paragraph (3).
3
a
In the case of English each profile component shall be weighted equally.
b
In the case of technology, the profile components shall be weighted by the following factors:
Design and Technology 3 Information Technology 1.
4
The results of the application of the provisions of this article and of articles 6, 7 and 9 in relation to a pupil shall be recorded in a statement consisting of his level of attainment in each core subject and each attainment target and (where relevant) profile component in each such subject.
Determination of attainment by subject: mathematics, science, history and geography
9
1
Subject to article 10 the provisions of this article regulate the determination of a pupil’s level of attainment in mathematics, science, history and geography.
2
In the case of mathematics, the pupil’s level of attainment in the subject shall be the average of his levels of attainment in each attainment target.
3
In the case of science, history and geography, the pupil’s level of attainment in the subject shall be the average of his levels of attainment in each attainment target, weighted as follows —
Science
Scientific investigation (AT1) 3 Life and living processes (AT2) 1 Materials and their properties (AT3) 1 Physical processes (AT4) 1 History Knowledge and understanding of history (AT1) 2 Interpretations of history (AT2) 1 The use of historical sources (AT3) 1 Geography Geographical skills (AT1) 1 Knowledge and understanding of places (AT2) 2 Physical geography (AT3) 1 Human geography (AT4) 1 Environmental geography (AT5) 1.
Pupils not subject to provisions of the National Curriculum
10
1
Articles 7, 8 and 9 shall have effect in relation to pupils to whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs) with the modifications specified in this article.
2
Where one attainment target in a profile component does not apply to such a pupil, article 7 shall have effect as if the number of attainment targets applying to the pupil were the total number of attainment targets in that profile component.
3
Where more than one attainment target in a profile component does not apply to such a pupil, article 7 shall not apply for the purpose of determining the pupil’s profile component level of attainment.
4
Where by virtue of paragraph (3) one or more profile component levels of attainment cannot be determined, paragraphs (1) — (3) of article 8 shall not apply.
5
If the Writing attainment target of the Writing profile component in English does not apply to a pupil, articles 7 and 8 shall not apply for the purpose of determining a subject level of attainment in English.
6
Where one attainment target in a subject does not apply to such a pupil, article 9 shall have effect as if the number thereof applying to the pupil were the total number in the subject.
7
Where more than one attainment target in the subject does not apply to such a pupil, article 9 shall not apply to him.
8
Article 8(4) shall apply in respect of all levels of attainment in attainment targets, profile components and core subjects which have been assessed in relation to the pupil.
Pupils' absence — incomplete SATs
11
1
Where a pupil is unable to complete a SAT due to his absence from school (whether because of illness or for any other reason) —
a
if in the opinion of his head teacher he has done sufficient work on the SAT to enable an assessment of his level of attainment in any attainment targets to be made, any such assessment shall be treated as an assessment made in pursuance of article 5;
b
if in the opinion of his head teacher he has not done sufficient work as aforesaid, the levels of attainment determined by the teacher assessment shall be the levels for the purposes of article 7 unless the local education authority (in the case of a pupil at a school which the authority maintain) or SEAC (in the case of a pupil at a grant-maintained school) disagree, in which case the levels of attainment shall be such as the local education authority or SEAC determine by reference to the work the pupil has done on the SAT in question.
2
The head teacher shall notify the local education authority or SEAC (as the case may be) of any case such as is mentioned in paragraph (1)(b) and furnish to it such information as it may reasonably require for the purpose of exercising its functions under that sub-paragraph.
Supplementary powers of the Secretary of State
12
The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order as appear to him to be expedient, including in particular provisions as to standard assessment tasks for the purpose mentioned in the definition of “SATs ” in article 3(1) and as to their administration to pupils.
John Patten
Secretary of State for Education
27th July 1992


text:
1
This Order may be cited as the Combined Probation Areas (Hampshire) Order 1992 and shall come into force on 1st January 1993.
2
For that part of Schedule 2 to the Combined Probation Areas Order 1986 which relates to the Hampshire Probation Area there shall be substituted the following–
(1) (2) (3) Petty Sessions Area Probation Area Number of justices on probation committee
Isle of Wight Hampshire 2 New Forest 3 North East Hampshire 3 North West Hampshire 3 South East Hampshire 3 South Hampshire 4 Southampton 3
2
The 5 members of the Hampshire Probation Committee appointed before 1st January 1993 by the justices for the petty sessions areas of Hythe, Lymington, Ringwood, Romsey and Totton and New Forest shall decide by agreement, or in default of agreement by lot, which 3 of them shall continue in office as if appointed by the justices for the new petty sessions area of New Forest .
3
The 4 members of the Hampshire Probation Committee appointed before 1st January 1993 by the justices for the petty sessions areas of Alton and Petersfield and Odiham shall decide by agreement, or in default of agreement by lot, which 3 of them shall continue in office as if appointed by the justices for the new petty sessions area of North East Hampshire.
4
The 4 members of the Hampshire Probation Committee appointed before 1st January 1993 by the justices for the petty sessions areas of Andover, Basingstoke and Winchester shall decide by agreement, or in default of agreement by lot, which 3 of them shall continue in office as if appointed by the justices for the new petty sessions area of North West Hampshire.
5
The 6 members of the Hampshire Probation Committee appointed before 1st January 1993 by the justices for the petty sessions areas of Havant and Portsmouth shall decide by agreement, or in default of agreement by lot, which 3 of them shall continue in office as if appointed by the justices for the new petty sessions area of South East Hampshire.
6
The 4 members of the Hampshire Probation Committee appointed before 1st January 1993 by the justices for the petty sessions areas of Droxford, Eastleigh, Fareham and Gosport shall continue in office as if appointed by the justices for the new petty sessions area of South Hampshire.
7
The 4 members of the Hampshire Probation Committee appointed before 1st January 1993 by the justices for the petty sessions area of Southampton shall decide by agreement, or in default of agreement by lot, which 3 of them shall continue in office.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
10th December 1992


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 2) Order 1992 and shall come into force on 15th May 1992.
2
The Export of Goods (Control) Order 1991 shall be further amended as follows —
a
in Group 3E in Part II of Schedule 1 after entry PL 7011 there shall be inserted the following new entry —
PL 7047 Equipment for simulating or modelling any function of any aircraft or helicopter or of any part of any aircraft or helicopter, and specially designed components, specially designed accessories and specially designed software therefor L
;and
b
in Schedule 2 “Hungary” shall be deleted.
R. J. Meadway
An Under Secretary,
Department of Trade and Industry
12th May 1992.


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No. 4) Regulations 1992 and shall come into force on 6th November 1992.
Amendments to the Taxes (Interest Rate) Regulations 1989
2
In regulation 5 of the Taxes (Interest Rate) Regulations 1989
a
for “6th June 1992” there shall be substituted “6th November 1992”;
b
for “10.50 per cent. per annum” there shall be substituted “9.75 per cent. per annum”.
Nicholas Baker
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
15th October 1992


text:
1
This Order may be cited as the Public Airport Companies (Capital Finance) (Second Amendment) Order 1992 and shall come into force on 28th February 1992.
2
The Public Airport Companies (Capital Finance) Order 1990 shall be amended as follows —
1
In paragraph (4) of article 2 for the word “In” at the beginning there shall be substituted the words “Subject to paragraphs (6) and (7) below, in”.
2
In paragraph (4) of article 2 after the words “a company or subsidiary” there shall be added the following words —
“including any premium obtained by the company or subsidiary upon the issue of such shares or stock”.
3
After paragraph (5) of article 2 there shall be added the following paragraphs —
6
Liabilities shown in the company’s or subsidiary’s balance sheet and which comprise current liabilities shall be included in the total of the liabilities of the company or subsidiary for the purpose of paragraph (4)(a) above and excluded from the total of current liabilities of that company or subsidiary for the purpose of paragraph (4)(b) above to the extent that they include any current liability which, in accordance with a determination of the controlling authority referring to that liability and made no later than 30th September in the following financial year, is not to be set against the current assets of the company or subsidiary.
7
Liabilities shown in the company’s or subsidiary’s balance sheet and which comprise current liabilities shall be included in the total of the liabilities of the company or subsidiary for the purpose of paragraph (4)(a) above and excluded from the total of current liabilities of that company or subsidiary for the purpose of paragraph (4)(b) above where they were shown as liabilities of that company or subsidiary in the balance sheet for the preceding financial year but did not then comprise current liabilities.
.
4
In paragraph (8) of article 3 for the date “31st May” there shall be substituted the date “30th September”.
5
After paragraph (8) of article 3 there shall be added the following paragraph —
9
Nothing in this article shall require credit cover to be available for the financial year ending 31st March 1992 for that part of any additional liabilities calculated under article 2(2) above which comprises a borrowing, not being a short term borrowing, incurred on or after 1st April 1991 and used for the purpose of meeting any current liability included in the calculation of relevant liabilities on the relevant date in the financial year ending 31st March 1991 provided such current liability, at the time it was incurred, was either —
a
an advance treated as prescribed expenditure of the controlling authority in accordance with section 22 of the Airports Act 1986, or
b
incurred for the purpose of repaying such an advance.
6
Article 5 shall be deleted.
7
In the Schedule there shall be deleted the entry —
“Liverpool Airport plc Knowsley Borough Council”.
Signed by authority of the Secretary of State for Transport
Brabazon of Tara
Minister of State,
Department of Transport
5th February 1992