text:
Title, extent and commencement
1
These Regulations may be cited as the Vegetable Seeds Regulations 1993 shall apply to Great Britain and shall come into operation on 1st September 1993.
Revocation
2
The Vegetable Seeds Regulations 1985 , the Vegetable Seeds (Amendment) Regulations 1987 and the Vegetable Seeds (Amendment) Regulations 1989 are hereby revoked.
Interpretation
3
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Plant Varieties and Seeds Act 1964;
“Common Catalogue” means the Common Catalogue of varieties of vegetables published in the Official Journal of the European Communities;
“maintainer” means a person who is indicated in a National List or in the Common Catalogue as responsible for maintaining a plant variety in accordance with the characteristics to which regard was had when the plant variety was entered in the National List or the Common Catalogue;
“maintenance” in regulation 9(10) means a method of maintaining Standard Seed of a plant variety entered in a National List of the Common Catalogue, such method being designated by a name applied by the person responsible for it;
“marketing” includes the offer for sale, exposure for sale, sale and possession with a view to sale of seeds and any transaction in the course of business —
under which the property in seeds is transferred from one person to another, or
under which the seeds are made over by one person to another in pursuance of a contract under which the seeds will be used for producing further seeds or for producing plants or parts of plants for human or animal consumption,
and “market” and “marketed” shall be construed accordingly;
“Member State”means a Member State of the Communities;
“the Minister” means, as respects England, the Minister of Agriculture, Fisheries and Food and, as respects Scotland or Wales, the Secretary of State, and “the Ministers” means the Minister of Agriculture, Fisheries and Food, the Secretary of State for Scotland and the Secretary of State for Wales acting jointly;
“National List” means the list of varieties of vegetables for the time being published in accordance with the Seeds (National Lists of Varieties) Regulations 1982 ;
“official certificate” means a certificate issued by the Minister in accordance with Schedule 2 subject to the payment of any fees payable under seeds regulations and containing in respect of the seed to which it relates the particulars specified inSchedule 3 and “officially certified” shall be construed accordingly;
“official examination” means —
an examination carried out by or on behalf of the Minister, subject to an application for such examination having been made to the Minister in such form and manner at such time as the Minister may, at his discretion, require and to the payment of any fees payable under the seeds regulations;
an examination carried out by or on behalf of the Department of Agriculture for Northern Ireland, or
in relation to seeds produced elsewhere than in the United Kingdom, an examination approved by the Minister;
“official label” means a label issued or authorised by the Minister, subject to the payment of any fees payable under seeds regulations, and “official inner label” shall be construed accordingly;
“seed lot” means an identifiable consignment of seeds of a weight not exceeding that specified in Part II of Schedule 5, bearing a unique reference number, in which the seeds shall have been so mixed or blended that, as far as is practicable, the seed lot shows no evidence of heterogeneity;
“seeds regulations” means regulations made under section 16 of the Act and for the time being in force;
“small package” means a package of Certified Seed or Standard Seed containing a net weight of not more than 5 kilograms of seeds as regards runner beans, French bean, pea or broad bean, 500 grams of seeds as regards onion, asparagus, spinach beet or leaf beet or chard, red beet or beetroot, turnip, gourd, marrow, carrot, spinach or radish and 100 grams of seeds as regards other kinds of vegetables.
2
A reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
3
In these Regulations —
“Uncertified Pre-basic Seed” means seeds of a generation earlier than that of Basic Seed —
which have been produced in the United Kingdom by or under the responsibility of the maintainer, and
which are intended for the production of Uncertified Pre-basic Seed, Pre-basic Seed or Basic Seed;
“Pre-basic Seed” means seeds of a generation earlier than that of Basic seed —
which have been produced by or under the responsibility of the maintainer,
which are intended for the production of Pre-basic Seed, Basic Seed or, with the written authority of the maintainer and the Minister, Certified Seed, and
which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
“Basic Seed” means seeds —
which have been produced by or under the responsibility of the maintainer from Uncertified Pre-basic Seed or Pre-basic Seed,
which are intended for the production of Certified Seed, and
which satisfy the requirements for Basic Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
“Certified Seed” means seeds —
which have been produced directly from Basic Seed or, with the written authority of the maintainer and the Minister, from Pre-basic Seed,
which are intended to be used mainly for the production of plants or parts of plants for human or animal consumption, and
which satisfy the requirements for Certified Seed set out in Schedule 4 and in respect of which an official certificate has been issued in accordance with Schedule 2;
“Standard Seed” means seeds which are intended to be used mainly for the production of plants or parts of plants for human or animal consumption and which satisfy the requirements for Standard Seed set out in Part II of Schedule 4.
4
For the purpose of these Regulations, seed marketed in accordance with regulation 5(1)(b) or (c) below shall be deemed to fall within the meaning of the appropriate category of seeds set out in paragraph (3) above.
Seeds to which the regulations apply
4
1
Subject to paragraphs (2) and (3) below, these Regulations apply to vegetable seeds of the kinds set out in Schedule 1 being seeds intended to be used only for the production of agricultural or horticultural crops.
2
These Regulations shall not apply to —
a
seeds which are marketed for delivery elsewhere than in a Member State,
b
seeds used or to be used for research experiment,
c
seeds used or to be used in the course of a process of selection, and
d
seeds which are marketed with a view to processing, treatment or cleaning, where the identity of the seeds is stated by the person by whom they are marketed.
3
Where a person (“the first person”) makes an arrangement under which some other person (“the second person”) uses seeds which are under the control of the first person for the purpose of —
a
increasing the first person’s stock of seeds for the sowing, or
b
carrying out tests or trials thereon,
and under that arrangement the whole of the material produced from the seeds (whether directly or indirectly) and any unused seeds become or remain the property of the first person, these Regulations shall not apply to the marketing of the seeds by the first person to the second person as part of that arrangement or to the marketing by the second person to the first person of seeds produced (whether directly or indirectly) from those seeds.
Marketing of seeds
5
1
Subject to the provisions of this regulation no person shall market any seeds unless they are seeds of plant varieties which may, for the time being, be marketed in accordance with regulation 31 of the Seeds (National Lists of Varieties) Regulations 1982, unless they are marketed in seed lots or in parts of seed lots and unless they are —
a
Uncertified Pre-basic Seed, Pre-basic Seed, Basic Seed, Certified Seed or Standard Seed, or
b
seeds which have been produced and packaged in a Member State other than the United Kingdom, which have been labelled appropriately in accordance with the requirements of regulation 9(1), (2), (5), (6), (7), (9), (10) and (12) and which —
i
in the case of Standard Seed or a small package of seeds, have been sealed in accordance with regulation 8(3), or
ii
in the case of all other seeds, have been officially sealed in a Member State other than the United Kingdom, or
c
seeds which have been produced elsewhere than in a Member State and which are —
i
Standard Seed which has been sealed in accordance with regulation 8(3) and labelled in accordance with regulation 9(6) and (7), or
ii
Seeds marketed in accordance with, and subject to, the conditions imposed by a general licence granted by the Ministers under the authority of this paragraph, which licence shall have effect during the period specified in it unless the Ministers earlier revoke it.
2
Except as provided in paragraph (3) below, no person shall market any seeds comprising a mixture of kinds of seeds or varieties of seeds of the same kind.
3
Mixtures of different varieties of Standard Seed of lettuce or of different varieties of Standard Seed of radish may be marketed, subject to compliance with the additional requirement as to labelling in Part III of Schedule 6, in packages containing not more than 50 grams of seed and paragraph (1) above shall not prevent the marketing of kinds or varieties of vegetable seeds included in mixtures of seeds permitted by the Fodder Plant Seeds Regulations 1993 , but each constituent of such mixtures, to which these Regulations apply, shall consist of seeds meeting the requirements of paragraph (1) above.
4
The Minister may, by a general licence which may impose conditions and which shall have effect during the period specified in it unless the Minister earlier revokes it, —
a
authorise any person to market as Pre-basic Seed, Basic Seed, Certified Seed or Standard Seed, seeds which fail in some respect to satisfy the requirements for such seeds set out in Schedule 4 or Schedule 5,
b
modify the labelling requirements set out in Schedule 6,
c
authorise any person to market seeds which, notwithstanding the requirements of the Seeds (National Lists of Varieties) Regulations 1982 are of a variety not entered in a National List or in the Common Catalogue,
d
authorise any person to market seeds in respect of which an official certificate has not been issued in accordance with paragraph 1 of Schedule 3 but in all other respects, unless expressly otherwise stated in the licence, the provisions of these Regulations shall apply in relation to the marketing of the seeds.
5
Any person may market to a person engaged in the business of trading in seeds, other than by way of retail sale, seeds which have been imported from a country other than a Member State notwithstanding that such marketing would otherwise be prohibited by virtue of paragraph (1)(c) above.
6
Notwithstanding the requirement in Part II of Schedule 4 that Basic Seed shall attain the minimum standards of germination specified in the said Schedule any person may, subject to the requirements of regulation 9(4), market as Pre-basic Seed or Basic Seed, seeds which in other respects satisfy the requirements for Basic Seed set out in the said Schedule and in respect of which an official certificate has been issued in accordance withSchedule 2 but which attain a lower percentage of germination than that specified in Schedule 4 in relation to seeds of that kind.
7
In a case where the official examination in respect of the germination of any seed lot has not been completed, but a preliminary test of germination has shown that the seeds attain the appropriate minimum standard of germination specified in Part II of Schedule 4 and the seeds in other respects satisfy the appropriate requirements of the said Schedule, the seed or any part of the seed lot may, subject to the requirements of paragraph (9) below and regulations 8 and 9, be marketed. In the event of any such marketing the seller of the seeds shall, upon or before delivery, provide the purchaser with a written statement that the seeds are marketed before the completion of the official germination test together with the result of the preliminary test of germination. In the event of the official germination test showing the failure of the seeds to comply with the minimum germination standard required by paragraph 2 of Part II of Schedule 4 for seeds of that kind, the seller shall provide the purchaser with the result of the completed test, in writing, as soon as practicable and in any event not later than seven days after being informed of it.
8
The provisions of paragraph (7) above shall not apply to the marketing of any seed lot or part of any seed lot in respect of which a previous official examination has shown that the seed fails to meet the standards set out for such seed in Part II of Schedule 4.
9
A person who sells any seeds in accordance with paragraph (7) above shall make and, during a period of twelve months following the delivery of the seeds, keep available for inspection by an officer of the Minister a record of the date of such delivery, of the reference number of the seed lot delivered, of the name and address of the purchaser, of the date on which the preliminary test of germination was carried out and of the result of that test and, if appropriate, of the date on which the purchaser was informed of the result of the completed official germination test.
10
Paragraphs (6) and (7) of this regulation shall not apply to seeds which have been imported from a country other than a Member State unless they have been produced directly from Pre-Basic Seed, or Basic Seed produced in a Member State.
11
Notwithstanding the requirements of regulation 32(1) and (2) of the Seeds (National Lists of Varieties) Regulations 1982, and paragraph (1) above, any person may market Standard Seed of asparagus, chicory, sprouting broccoli or calabrese which is not of a variety which is entered in a National List or the Common Catalogue or which is marketed otherwise than under a varietal name.
12
Where seeds are sampled for the official examination referred to in paragraph 2(c) of Schedule 2 in an untreated state and are subsequently subjected to chemical treatment the seller shall, upon or before delivering the seeds to the purchaser, provide him with a statement in writing that the seeds have been subsequently subjected to chemical treatment and specifying the chemical nature of such treatment.
13
Seeds which have been produced and packaged in a Member State other than the United Kingdom, notwithstanding that they have not been officially certified as Certified Seed in that Member State, may be imported but shall not be marketed in the United Kingdom until they have been officially certified in the United Kingdom.
14
Seeds which have been produced from Basic Seed, Certified Seed or Generations prior to Basic Seed which have been officially certified in the United Kingdom and which have undergone field inspections and satisfied the conditions for the appropriate category laid down in Part I of Schedule 4 may be marketed to Member States other than the United Kingdom notwithstanding that they have not been officially certified as Certified Seed. Such seed shall be packed and labelled with official labels and be accompanied by an official document complying with the conditions laid down in Schedule 6 Part IC and in accordance with the provisions laid down in regulations 8 and 9.
Official certificates
6
1
An application for the issue of an official certificate in respect of a seed lot of Pre-basic Seed, Basic Seed or Certified Seed —
a
shall be made in writing to the Minister in such form and manner, and shall be accompanied by such documents, as the Minister may require, and
b
shall be made not later than the thirty-first day of December of the year following the year of harvest of the crop from which the seed is obtained or within such other time as the Minister may allow.
2
Where an application for the issue of an official certificate is made to the Minister in accordance with paragraph (1) above the Minister shall deal with the application in accordance with the provisions of Schedule 2.
3
An official certificate which has been issued by the Minister may be withdrawn by him in respect of either the whole of a seed lot or any part of a seed lot and any seeds from which an official certificate has been so withdrawn shall be deemed not to have been officially certified if —
a
the results of an official examination of the seeds in respect of which theofficial certificate has been issued are declared null and void in accordance withparagraph (2) of regulation 7, or
b
information has been received by him which, if known to him before the official certificate was issued, would have resulted in the application for its issue being refused on the grounds that the seeds did not meet the requirements of seed regulations.
4
Where, in accordance with paragraph (3) above, seeds are deemed not to have been officially certified the seller of the seeds shall, as soon as practicable and in any case not later than 7 days after being informed of it, notify the purchaser, in writing, that the seeds have not been officially certified.
Sampling
7
1
A sample of seeds taken for the purposes of an official examination shall be taken, subject to the payment of any fees payable under seeds regulations, by a person authorised by the Minister in that behalf and in accordance with the requirements contained in Schedule 5.
2
If a sample of seeds taken for the purposes of an official examination is found not to have been taken in accordance with the requirements of seeds regulations no, or no further, official examination shall be made of that sample, and any findings or results obtained in the course of any official examination of the sample of seeds already made shall be deemed null and void.
Sealing of packages
8
1
No person shall market in accordance with regulation 5(1)(a) or (2) a package (other than a package of Uncertified Pre-basic Seed, a package of Standard Seed or a small package of seeds) of Pre-basic Seed, Basic Seed or Certified Seed unless it has been, not later than at the time of sampling, sealed by or under the supervision of a person authorised by the Minister in that behalf in such a manner that when the package is opened the sealing device will be broken and cannot be re-used.
2
If a package of seeds which has been sealed in accordance with paragraph (1) above or imported in accordance with regulations 5(1)(b)(ii) or (c)(ii) shall have been opened it may only be re-sealed or further re-sealed by or under the supervision of a person authorised by the Minister in that behalf.
3
No person shall market a package of Uncertified Pre-basic Seed, a package of Standard Seed or a small package of seeds unless it has been sealed with a dealing device in such a manner that when the package is opened the sealing device will be broken and cannot be re-used.
Labelling of packages
9
1
Subject to paragraph (10) below, no person shall market any seeds in accordance with regulation 5(1)(a) or (2) except in a package which, not later than at time of sealing, is labelled, inscribed or otherwise dealt with in accordance with this regulation.
2
Subject to the exception in paragraph (3) below, a package of Pre-basic Seed or of Basic Seed or a package, other than a small package, of Certified Seed, shall have affixed on the outside an official label, as appropriate to the seeds, which shall be of at least the minimum size and of the colour specified in Part I of Schedule 6, and shall contain particulars of the matters also specified in the said Part I, such label being either an adhesive label of a label secured to the package by a sealing device approved by the Minister, the label being affixed (in either case) by or under the supervision of a person authorised by the Minister in that behalf.
3
The official label referred to in paragraph (2) above shall not be required when all of the particulars to be included therein are included in the official inner label placed in the package in accordance with paragraph (5) of this regulation and the package is sufficiently transparent to enable such particulars to be readily legible through it.
4
If in accordance with regulation 5(6) a person shall market Pre-basic Seed or Basic Seed of a lower percentage of germination than that specified in Schedule 4 the fact shall be stated on the official label and a suppliers label affixed to the outside of the package shall contain a statement of the germination of the seeds together with the name and address of the seller and the reference number of the lot.
5
A package of Pre-basic Seed or of Basic Seed or a package, other than a small package, of Certified Seed shall contain an official inner label which shall be of the same colour as, and in addition to, the official label affixed to the outside of the package in accordance with paragraph (2) above. The official inner label shall contain particulars of the reference number of the lot, and of the kind and the variety of the seeds; except that if such particulars are printed indelibly on the outside of the package or if the official label is an adhesive or a tear-resistant label the official inner label referred to in this paragraph shall not be required.
6
A package of Uncertified Pre-basic Seed or a package, other than a small package, of Standard Seed shall have affixed on the outside a label, as appropriate to the seeds, which shall be of at least the minimum size and of the colour specified in Part II of Schedule 6 and which shall contain particulars of the matters also specified in the said Part II; except that if all such particulars are printed indelibly on the outside of the package the said label shall not be required and if some of such particulars are so printed they may be omitted from the said label.
7
A small package of Certified Seed or a small package of Standard Seed shall have affixed on the outside a label, as appropriate to the seeds, which shall be of the colour specified in Part III of Schedule 6 and which shall contain particulars of the matters also specified in the said Part III; except that if all such particulars are printed indelibly on the outside of the package the said label shall not be required and if some of such particulars are so printed they may be omitted from the said label.
8
If a package of Pre-basic Seed, Basic Seed or Certified Seed shall have been re-sealed in accordance with regulation 8(2) above this fact shall be stated on the official label together with the month and year of re-sealing and the name of the authority responsible for the re-sealing either on the official label referred to in paragraph (2) above or on the official inner label in the circumstances referred to in paragraph (3) above.
9
If any seeds have been subjected to any chemical treatment this fact and the nature of the treatment or the proprietary name of the chemical used in the treatment shall be stated either —
a
on a separate supplier’s label, or
b
on the label referred to in paragraph (2), (6) or (7) above or, where such a label is not required, with the particulars otherwise given in accordance with those paragraphs,
and also, except where the label referred to in paragraph (2), (6) or (7) above is not required or where the information prescribed by this paragraph is given on an adhesive or tear-resistant label, either on the outside of the package or in a statement enclosed in the package.
10
In respect of Standard Seed, the particulars and information given in accordance with this regulation may be accompanied by a reference by name to a particular maintenance except that such a reference may be made only in respect of a variety whose existence was either —
a
on 1st July 1970 a matter of common knowledge in any Member State of the Communities as then constituted, or
b
on 1st July 1973 a matter of common knowledge in any Member State which has acceded to the Communities since 1st July 1970, and the name of the maintenance shall in every such case appear after the name of the variety of the seeds from which it shall be separated by a dash and shall be given no greater prominence than the name of the variety.
11
A person may sell any seeds otherwise than in a package which is labelled, inscribed or otherwise dealt with in accordance with this regulation where —
a
the seeds are sold by way of retail sale in quantity not exceeding the appropriate maximum weight indicated in Schedule 7, and
b
the seeds are taken, in the presence of the purchaser, from a container on which there is clearly and visibly marked or near which there is clearly and visibly displayed a statement containing particulars of the matters specified in Part IV of Schedule 6.
12
The particulars and information given in accordance with this regulation shall be given in one of the official languages of the Communities.
13
Subject to the provisions of the Act and of these Regulations, no person shall, in the course of the marketing or the preparation for marketing of any seeds by himself or by any other person, wilfully reproduce, remove, alter, deface, conceal or misuse in any way any label affixed to, contained in or marked on any package of seeds or to be so affixed, contained or marked.
Record of transactions
10
1
A person who in the course of marketing any Standard Seed affixes or causes to be affixed, in accordance with regulation 9(6), a label on the outside of a package of Standard Seed or prints or stamps or causes to be printed or stamped on the outside of such a package the particulars referred to in the said regulation 9(6) shall maintain and keep available for inspection by an officer of the Minister a record of the dates on which and of the packages on which such labels were affixed or particulars printed or stamped and shall, if so required by the Minister, furnish him with a copy of such record.
2
A person referred to in paragraph (1) above shall keep and retain for a period of at least three years a record of the seed lots of Standard Seed marketed by him, and shall take and retain for a period of at least two years a sample of each such seed lot of at least the appropriate minimum weight specified in Part II of Schedule 5 and, if so required by the Minister, or by an officer of the Minister, shall produce such record or deliver any such sample to him.
Civil liabilities of sellers of seeds
11
1
The particulars given to a purchaser by the seller of seeds to which these Regulations apply, whether given in pursuance of these Regulations expressly or by implication arising from the description under which the seeds are sold, shall constitute a statutory warranty for the purpose of section 17 of the Act in so far as they relate to the category of the seeds, the percentage germination of the seeds, the percentage analytical purity of the seeds, the content of seeds of other plant species and the varietal identity and the varietal purity of the seeds or, in the case of a mixture of seeds permitted by regulation 5(2), of each of its constituents to which these Regulations apply.
2
Section 17(2) of the Act shall apply to any particulars given to a purchaser by the seller of seeds, being particulars given or implied as in paragraph (1) above, in so far as they relate to the percentage germination, the percentage analytical purity, or the content of seeds of other plant species and there are hereby prescribed in respect of such matters the limits of variation set out in Schedule 8.
3
Section 17(3) of the Act shall apply to any particulars given to a purchaser by the seller of seeds, being particulars given or implied as in paragraph (1) above, in so far as they relate to the percentage germination, the percentage analytical purity or the content of seeds of other plant species.
4
A purchaser who intends to obtain a test of seeds for the purpose of section 17(3) of the Act shall, not more than 10 days after delivery to him of the seeds, give to the seller written notice of his intention and thereupon the seller may indicate a day (not being more than 21 days after delivery of the seeds to the purchaser) and a reasonable time on that day at which a sample of the seeds may be taken in the presence of himself or of his representative and the purchaser shall afford to the seller reasonable facilities for that purpose.
5
On the day and at the time appointed by the seller in accordance with paragraph (4) above or, if the seller shall have failed to appoint such a day and time, on a day not more than 28 days after delivery of the seeds to the purchaser, the purchaser or his representative may, and if the seller or his representative is present shall, take a sample of the seeds. Such sample shall be taken and divided by the purchaser or his representative into two parts in accordance with the requirements contained in Part I of Schedule 5, each part being of at least the appropriate minimum weight specified in Part II of Schedule 5, of which one part shall be sent to the Chief Officer of an official seed testing station for the purpose of being tested and the other part delivered or tendered to the seller or his representative or, if he or his representative was not present when the sample was taken, sent to him by post.
In witness whereof the Official Seal of the Minister of Agriculture, Fishers and Food is hereunto affixed on 30th July 1993.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
2nd August 1993
John Redwood
Secretary of State for Wales
29th July 1993


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Road Traffic Regulation Act 1984 (Amendment) Order 1993 and shall come into force on the tenth day after the day on which it is made.
2
In this Order “ the Act ” means the Road Traffic Regulation Act 1984 and “Schedule 9” means Schedule 9 to the Act.
2
1
The Secretary of State hereby removes from the orders for which his consent would otherwise be required by virtue of paragraph 13 or paragraph 14 of Schedule 9 any order which contains no provision falling within paragraphs (a) to (f) of sub-paragraph (1) of paragraph 13 of Schedule 9 other than a provision —
a
directing that a principal road shall be, or cease to be, a restricted road for the purposes of section 81 of the Act; or
b
being, in the case of an order for the purposes of section 84(1) of the Act, a provision applying to a principal road.
2
Expressions used in sub-paragraphs (a) and (b) of paragraph (1) above have the same meaning as in Schedule 9.
3
In consequence of the preceding provisions of this article, in sub-paragraph (1) of paragraph 13 of Schedule 9, paragraph (c) and sub-paragraph (i) of paragraph (d) shall cease to have effect.
John MacGregor
Secretary of State for Transport
7th January 1993
James Douglas Hamilton
Parliamentary Under-Secretary of State Scottish Office
13th January 1993
David Hunt
Secretary of State for Wales
8th January 1993


text:
Citation and commencement
1
This Order, which implements the parts relating to bees of Council Directive 92/65/ EEC (laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC ) , may be cited as the Importation of Bees (Amendment) Order 1993 and shall come into force on 1st January 1994.
Amendment to the Importation of Bees Order 1980
2
1
In article 3 of the Importation of Bees Order 1980 , for the words “Articles 4 and 5 below” there shall be substituted the words “Articles 3A, 4 and 5 below”.
2
After article 3 of that Order there shall be added the following provision:
Importation of bees from another member State
3A
1
Subject to the following provisions of this article, Article 3 above shall not apply to the importation by way of trade from another member State of bees of the species Apis melifera.
2
Any such importation must be in conformity with the provisions of Article 8 of Council Directive 92/65/EEC (laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC ) in addition to the requirements of the Animals and Animal Products (Import and Export) Regulations 1993 .
3
This exemption from Article 3 above shall only apply in an area which has been declared, under Article 8 of the Bee Diseases Control Order 1982 , to be an area in which the presence of varroasis has been confirmed, and is accordingly an infected area; and for the avoidance of doubt it is declared that Article 3 above shall continue to apply in any area which has not been declared to be an infected area.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd December 1993.
Richard Packer
Permanent Secretary, Ministry of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
24th December 1993
Gwilym Jones
Parliamentary Under Secretary of State for Wales
21st December 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Glasgow Hospitals University National Health Service Trust (Establishment) Order 1993 and shall come into force on 6th December 1993.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 6th December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the West Glasgow Hospitals University 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 West Glasgow Hospitals University National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(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 boards) shall be to own and manage the hospital establishments or facilities known as the Western Infirmary, Drumchapel Hospital, Gartnavel General Hospital, Belvidere Oncology Unit, Glasgow Homeopathic Hospital and Glasgow Eye Infirmary, all in Glasgow, and establishments associated with those hospitals, including management of the facilities provided at and from those establishments, and also including management of the teaching and research facilities associated with these establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors, one of whom shall be appointed from the University of Glasgow, 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 in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Greater Glasgow Health Board 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 Greater Glasgow Health Board 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 the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Greater Glasgow Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
2nd December 1993


text:
1
This Order shall come into force on 26th February 1993 and may be cited as the A417 Trunk Road (Brockworth Bypass and Slip Roads) Order 1993.
2
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (“the main new trunk road”), and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (“the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
3
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
4
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
5
In this Order:
a
All measurements of distance are measured along the route of the relevant highway;
b
i
“the deposited plan” means the plan numbered HA10/2/SWM80 marked “The A417 Trunk Road (Brockworth Bypass and Slip Roads) Order 1993”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the main new trunk road and the slip roads.
Signed by authority of the Secretary of State for Transport
Elizabeth Hopkins
Regional Director South West Region
Department of Transport
11th February 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the King’s Lynn and Wisbech Hospitals National Health Service Trust (Transfer of Trust Property) Order 1993 and shall come into force on 14th October 1993.
2
In this Order:–
“the Authority” means North West Anglia Health Authority;
“the Trust” means the King’s Lynn and Wisbech Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 15th April 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 14th October 1993 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
16th September 1993


text:
1
These Regulations may be cited as the Further Education (Attribution of Surpluses and Deficits) Regulations 1993 and shall come into force on 1st April 1993.
2
In these Regulations —
a
“the 1988 Act ” means the Education Reform Act 1988 ;
b
“recoupment payments” means payments made under section 51 of the Education ( No. 2) Act 1986 ;
c
“the scheme” means the scheme under section 33 or 139 of the 1988 Act applicable to the institution; and
d
a reference to a section is a reference to a section of the Further and Higher Education Act 1992.
3
1
In calculating “net budget share” for the purposes of section 37(4) —
a
there shall be deducted from the institution’s budget share the whole of any amount included in respect of earned income (other than recoupment payments); and
b
subject to paragraph (2) below, there shall be added to the institution’s budget share the whole of any surplus.
2
In calculating the amount of any surplus to be added in accordance with sub-paragraph (b) above any debt due to the assisting authority in respect of a financial year preceding the relevant financial year, payment of which has not been received by the assisting authority by 1st April 1993, shall be ignored.
4
In calculating “net expenditure” for the purposes of section 37(4) there shall be deducted an amount equal to all earned income (other than recoupment payments) received by the institution before 1st April 1993 in respect of the relevant financial year.
5
1
For the purposes of the definition of “expenditure” in section 37(7) the aggregate of the following expenditure for the purposes of the institution is hereby prescribed —
a
subject to paragraph (2) below, all expenditure incurred in the relevant financial year by the former governing body under section 36(5) or 142(6) of the 1988 Act (“relevant expenditure”); and
b
where the scheme specifies that all or part of a deficit incurred by the former governing body in a previous financial year shall or may be carried forward in calculating the institution’s budget share for the relevant financial year, all expenditure which would be incurred by the former governing body if the deficit or, as the case may be, the part carried forward, were a liability of the former governing body satisfied in the relevant financial year; and
c
where the former governing body maintains an account at a bank or other financial institution for the purpose of meeting relevant expenditure, all expenditure incurred in the relevant financial year by the assisting authority in making payments into the account in respect of relevant expenditure, less the difference between the total amount of relevant expenditure met from the account and the total amount of earned income paid into the account; and if the calculation required by this sub-paragraph produces a negative amount it shall reduce the expenditure hereby prescribed.
2
Expenditure does not fall within sub-paragraph (1)(a) above if at the end of the relevant financial year payment in respect of it (whether or not due) has not been made.
6
1
Unless otherwise agreed between the assisting authority and the new governing body, a sum payable under section 37(2) or (3) shall be paid by equal monthly instalments, the first of which shall be paid on the relevant date, in accordance with the following table —
Amount payable as a proportion of the net budget share Period for repayment
Up to 1% (inclusive) 10 months More than 1% 14 months.
2
In paragraph (1) above “the relevant date” means 31st January 1994 or, if sooner, the last day of the month following the month in which section 18(1) of the Local Government Finance Act 1982 (auditor’s reports) is complied with in respect of the assisting authority’s accounts for the relevant financial year.
7
1
Beginning on 1st April 1993 interest at the relevant rate shall be payable on any unpaid amount for the time being due or to become due under regulation 6 above.
2
Interest shall accrue from day to day compounded with six-monthly rests and shall be paid at the same time as payments are made under regulation 6 above.
3
In this regulation “the relevant rate” means the London Inter-Bank Bid Rate ( LIBID ) for three month deposit less one eighth of one percentage point.
Tim Boswell
Parliamentary Under-Secretary of State for Education
10th March 1993
David Hunt
Secretary of State for Wales
10th March 1993


text:
Citation, commencement and interpretation.
1
1
This Order may be cited as the Haringey Health Care National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
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 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Haringey 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 Haringey 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 St.Ann’s Hospital, St.Ann’s Road, London N15 3TH and associated hospitals;
b
to manage community health services provided from St.Ann’s Hospital, St.Ann’s Road, London N15 3TH 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 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 New River 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 New River 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 New River 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
Brian Mawhinney
Minister of State,
Department of Health
22nd October 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Worthing and Southlands Hospitals National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st November 1993.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 1st November 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Worthing and Southlands Hospitals 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 Worthing and Southlands Hospitals 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 to own and manage hospital accommodation and services provided at Worthing Hospital, Park Avenue, Worthing, West Sussex BN11 2DH and associated hospitals.
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 Worthing 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 premises to the trust.
2
The Worthing 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 Worthing 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
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
22nd October 1993


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Severn Bridge Regulations 1993 and shall come into force on 19th July 1993.
Revocation
2
The Severn Bridge Regulations 1966 , the Severn Bridge (Amendment) Regulations 1973 , the Severn Bridge (Amendment) Regulations 1975 and the Severn Bridge (Amendment) Regulations 1982 are hereby revoked.
Interpretation
3
In these Regulations —
a
“defence vehicle” means a vehicle of a kind referred to in section 21(4) of the 1992 Act ;
“hard strip” means that part of a road which is immediately adjacent to and situated on the left hand or near side of the left hand or near side traffic lane when facing in the direction in which vehicles may be driven in accordance with the Motorways Regulations ;
“the Motorways Regulations” means the Motorways Traffic (England and Wales) Regulations 1982 ;
“the 1992 Act” means the Severn Bridges Act 1992;
“pre-payment agreement” means an agreement entered into by the Secretary of State or the concessionaire pursuant to section 13(1) of the 1992 Act;
“registered keeper” in relation to a vehicle means the person in whose name the vehicle is registered under the Vehicles Excise Act 1971 ;
“the specified roads” means the road carried by the existing bridge and those parts of the eastbound carriageway and westbound carriageway of the road within the existing toll plaza area which lie respectively 400 metres and 500 metres east of the outer edge of the east abutment of the Aust Viaduct;
“toll-booth” means a toll-booth situated on the existing toll plaza area, and
b
a reference to a regulation followed by a number is a reference to the regulation so numbered in these Regulations and a reference to a paragraph followed by a number is a reference to the paragraph so numbered in the regulation in which the reference occurs.
Application
4
These Regulations shall apply to the existing bridge and the existing toll plaza area.
PART II
PAYMENT OF TOLLS
Place and manner of payment
5
1
Except where paragraph (2) applies, all tolls leviable in respect of a vehicle, shall be paid by the driver of the vehicle, in cash to an appointed person at a toll-booth, or by the insertion of coins into a machine provided near a toll-booth for the purpose of collecting tolls, not being in either case a toll-booth at which a sign is displayed indicating that its use is restricted to either —
a
vehicles of a class which does not include the relevant vehicle, or
b
vehicles for which the toll leviable has been paid in advance.
2
Where, pursuant to a pre-payment agreement, the toll leviable for a vehicle has been paid in advance, the driver shall present or display such evidence of payment in such manner and at such place within the existing toll plaza area as the agreement may provide.
3
Every driver of a vehicle, proceeding westbound in the existing toll plaza area, shall stop the vehicle in a position where he can, in accordance with this regulation, pay any toll leviable for the vehicle or present or display evidence of payment of the toll without leaving the vehicle or, if the toll has been paid in advance and the pre-payment agreement so provides, he shall slow down the vehicle sufficiently to enable the evidence of payment to be verified.
4
When a red light is displayed at a toll-booth, the driver of a vehicle proceeding westbound in the existing toll plaza area in the traffic lane alongside that toll-booth shall not allow the vehicle to proceed beyond the toll-booth, until a green light is displayed or a constable in uniform or an appointed person allows or directs him to proceed.
Traffic directions
6
Where it appears to an appointed person necessary or expedient, for the purpose of securing that vehicles in respect of which tolls are leviable do not use the existing bridge without the tolls having been paid, to regulate traffic in the existing toll plaza area, he may direct the driver of a vehicle in that area to stop the vehicle or to cause it to proceed in, or keep to, a particular line and the driver shall comply with the direction.
Toll-booth out of use
7
No person shall, unless instructed to do so by a constable in uniform or an appointed person, drive any vehicle or cause or permit it to be driven into or through the lane alongside any toll-booth which is shown by a barrier or sign to be out of use.
Obstruction of appointed persons
8
No person shall obstruct or otherwise interfere with any action taken by an appointed person under these Regulations for securing that the existing bridge is not used by vehicles without the tolls leviable for such use being paid.
Notices showing tolls payable
9
A notice shall be displayed at each toll-booth whilst it is in use specifying each category of vehicle for which tolls are leviable, the amount of the tolls for each category and other provisions in accordance with which tolls are leviable.
PART III
TRAFFIC REGULATION
Application of Motorways Regulations
10
1
The Motorways Regulations shall have effect in relation to the specified roads subject to the modifications set out in the Schedule to these Regulations.
2
Any prohibition or restriction imposed by regulations 11 and 12 of these Regulations may be relaxed by the persons and in the circumstances mentioned in paragraph (3) of regulation 15 and in regulation 16 of the Motorways Regulations as if it were a prohibition or restriction imposed by those Regulations.
Restrictions on stopping
11
1
Except as provided by these Regulations, no person shall cause a vehicle to stop or remain at rest anywhere on the specified roads unless either —
a
it is necessary to do so for a reason specified in paragraph (2), or
b
the vehicle cannot proceed because of the presence of another vehicle or of any person or object.
2
Where it is necessary for a vehicle being driven on the specified roads to be stopped —
a
by reason of a breakdown of the vehicle,
b
by reason of an accident, illness or other emergency,
c
to permit any person carried by the vehicle to recover or remove any object which has fallen on the specified roads, or
d
to permit any person carried by the vehicle to help another person in any of the circumstances mentioned in (a), (b) or (c) above,
the person in charge of the vehicle shall, so far as reasonably practicable, drive or move it so that as much as possible of the vehicle (including its load, if any) is on or over the hard strip and as little as possible of it is in or over the adjacent traffic lane and that it is so positioned as to cause the minimum possible obstruction or danger to other vehicles; and the vehicle may remain at rest for no longer than is necessary in the circumstances, including in the case of a broken down vehicle the time required for compliance with paragraph (4) and the taking of steps under regulation 12.
3
No person shall drive or move a vehicle or cause it to stop or remain at rest on or over any hard strip unless it is necessary to do so for a reason specified in paragraph (2).
4
The person in charge of a vehicle at rest on the specified roads by reason of a breakdown shall, after taking any requisite action to comply with paragraph (2), unless it is not reasonably practicable to do so, forthwith report or cause another person to report the breakdown to a constable or an appointed person by means of an emergency telephone, stating the circumstances of the breakdown and the position of the vehicle and its registration mark and giving a description of the vehicle.
5
In paragraph (4) “emergency telephone” means a telephone installed in a box and indicated by a traffic sign shown in diagrams 912, 913.2 and 913.3 of Schedule 1 to the Traffic Signs Regulations 1981 .
6
Nothing in the provisions of this regulation shall preclude any person from using the specified roads otherwise than in accordance with those provisions in any of the circumstances mentioned in regulation 16(1) of the Motorways Regulations, but if a vehicle so used suffers a breakdown the person in charge of that vehicle shall comply with paragraphs (2) and (4).
Prevention of obstruction
12
1
In this regulation a “stationary vehicle” means a vehicle which is at rest on the specified roads either in contravention of these Regulations or where —
a
the vehicle has suffered a breakdown (in this regulation referred to as a “broken down vehicle”),
b
no person is for the time being in charge of it, or
c
the person in charge of it is not on it or in it.
2
A constable or an appointed person may remove a stationary vehicle from the specified roads either —
a
to a hard shoulder (as defined by regulation 3(1)(e) of the Motorways Regulations) beyond the limits of the specified roads where the vehicle can be allowed to remain at rest in accordance with regulation 7(1) of the Motorways Regulations; or
b
in a case falling within sub-paragraph (b) or (c) of paragraph (1) to the Severn River Crossing dedicated vehicle compound at Aust,
and no person shall obstruct or attempt to obstruct any action taken by a constable or appointed person for the purposes of this paragraph.
3
No person other than a constable or an appointed person shall or shall attempt —
a
except with permission expressly given by a constable or an appointed person, to repair, refuel, change the tyre or wheel of or otherwise adjust or,
b
except for the purpose of complying with paragraph (2) of regulation 11, to movea broken down vehicle on the specified roads.
4
An appointed person shall not, and shall not attempt to, repair, refuel or adjust a broken down vehicle except at the request of the person in charge of the vehicle and only if, in the opinion of the appointed person, by his doing so it is likely that the vehicle will be removed from the specified roads sooner than would otherwise be possible.
5
Where the power to levy tolls is for the time being exercisable by him, the concessionaire, or otherwise the Secretary of State, shall be entitled to make a charge assessed in accordance with paragraph (6) where a stationary vehicle is removed from, or (instead of being removed) is, at the request of the person in charge of it, repaired, refuelled or adjusted whilst on, the specified roads by an appointed person under paragraph (2) or (4) and the person in charge of the vehicle (if any) and the registered keeper shall be jointly and severally liable to pay to the concessionaire or to the Secretary of State, as the case may be, a charge of an amount determined in accordance with paragraph (6).
6
A charge payable under paragraph (5) shall be assessed according to the time taken to effect the removal, repair or adjustment and shall be —
a
in relation to category 3 vehicles within the meaning of sub-section (1) of section 8 of the 1992 Act at the rate of £60 for the first half hour or part thereof and £30 for each quarter hour or part thereof after the first half hour; and
b
in relation to any other vehicle at the rate of £25 for the first half hour or part thereof and £12.50 for each quarter hour or part thereof after the first half hour.
7
For the purposes of paragraph (6) the time taken to effect the removal, repair, refuelling or adjustment of a broken down vehicle shall be reckoned as beginning, in a case where a breakdown vehicle is despatched to the broken down vehicle, with the despatch of that breakdown vehicle and, in any other case, with the time when the appointed person begins to remove, repair or adjust the broken down vehicle and, in either case, as ending when the removal is completed in accordance with paragraph (2) or, where the vehicle is repaired, refuelled or adjusted so that it is able to proceed under its own power, on completion of the repair, refuelling or adjustment.
8
In relation to a defence vehicle —
a
paragraph (3) shall not apply; and
b
the power given by paragraph (2) shall not be exercised while the driver is carrying out any repair or adjustment, unless it appears to a constable that it is necessary or expedient for him or an appointed person to remove the vehicle in order to prevent an obstruction of the specified roads.
9
For regulation 7 of the Removal and Disposal of Vehicles Regulations there is substituted: —
Exception for Severn Bridge
7
Regulations 3, 4, 4A and 5 of these Regulations shall not apply in relation to any vehicle while it is on the specified roads as defined by regulation 3 of the Severn Bridge Regulations 1993.
Prohibition of use of roads
13
1
An appointed person may —
a
as respects a particular vehicle, by oral instructions given by him to the driver, or
b
as respects vehicles of any particular description, by the display of an appropriate notice on or near the roads carried by the existing bridge and within the existing toll plaza area,
prohibit the use of those roads by that vehicle or by vehicles of that description, either generally or unless such requirements as the appointed person may specify are complied with, if it appears to the appointed person that, having regard to any circumstances (including without prejudice to the generality of this paragraph weather conditions) prevailing or appearing to him likely to prevail, such use or, as the case may be, such use without the specified requirements being complied with is likely to be dangerous, unsafe or to cause injury or damage to persons or property or to delay other traffic.
2
Where under paragraph (1) the use of the road carried by the existing bridge and the road within the existing toll plaza area by a particular vehicle or by vehicles of a particular description is prohibited, whether generally or unless specified requirements are complied with, no person shall cause or permit the vehicle or a vehicle of that description to be driven on those roads or, as the case may be, to be driven on those roads without the specified requirements being complied with, until he has been informed orally by an appointed person in uniform or by the display of a notice that the prohibition has been lifted.
PART IV
CYCLEWAY AND FOOTWAY
Use of cycleway and footway
14
1
In this regulation “authorised traffic”, in relation to the cycleway, means traffic of classes VII , X and XI (as specified in Schedule 4 to the Highways Act 1980 ) and, in relation to the footway, means traffic of class IX (as specified in that Schedule) and “excluded traffic” in relation to either the cycleway or the footway means traffic which is not authorised traffic.
2
Except as a result of an accident or in an emergency, no authorised traffic shall enter or leave the cycleway or the footway otherwise than by means of the junctions of the cycleway and footway with other highways including, in the case of the footway, the footbridge which joins the footway and crosses the existing toll plaza area above the toll-booths.
3
No person shall loiter or remain on any part of the cycleway or the footway or in or on any vehicle for the time being using either of them, after having been directed by a constable in uniform to depart or, as the case may be, to remove the vehicle therefrom.
4
Excluded traffic is authorised to use the cycleway or the footway (as the case may be) —
a
for the maintenance, repair, cleaning, clearance, alteration or improvement of, or for the removal of any vehicle from, any part of the specified roads or the cycleway or footway, or for the erection, laying, placing, maintenance, testing, alteration, repair or removal of any structure, works or apparatus in, on, under or over any such part;
b
when it is necessary for such traffic to do so in order to avoid or prevent an accident, or to obtain or give help required as a result of an accident or emergency (including the presence of a vehicle at rest on the specified roads, the cycleway or the footway by reason of the circumstances specified in sub-paragraphs (a) to (c) of regulation 11(2));
c
in accordance with any permission given by a constable and for the purpose of investigating any accident which has occurred on the specified roads or on or near the cycleway or the footway;
d
in the course of the exercise of the duty of a constable or a member of a fire brigade or of an ambulance service; or
e
where it is necessary for such traffic to do so in connection with any inspection, survey, investigation or census which relates to the existing bridge or existing toll plaza area and which is carried out in accordance with any general or special authority granted by the Secretary of State.
5
Without prejudice to the foregoing provisions of this regulation, the Secretary of State may authorise the use of the cycleway or the footway by excluded traffic on occasion or in an emergency.
6
Nothing in this regulation shall authorise the use of the cycleway or the footway by any vehicle having a gross weight exceeding 3 tonnes or, in relation to any wheel of the vehicle, a wheel weight exceeding 1 tonne.
7
In paragraph (6), “gross weight” has the meaning given by regulation 3(2) of the Motor Vehicles (Construction and Use) Regulations 1986 and “wheel weight” means the weight transmitted by a wheel of a vehicle to the existing bridge.
PART V
PREVENTION OF INJURY AND DAMAGE
Prevention of injury to persons
15
No person shall, from a vehicle or otherwise, throw, or wilfully or negligently drop or allow to fall, anything on to any part of the roads carried by the existing bridge or within the existing toll plaza area which could injure any person on those roads.
Prevention of damage etc.
16
Unless previously authorised by the concessionaire, where tolls are for the time being leviable by a concessionaire, or by the Secretary of State, it is prohibited to do or attempt any of the following: —
a
to go upon, enter, interfere with or use for any purpose any part of the existing bridge or the existing toll plaza area (not being a part of the roads carried by that bridge or within that area or of the cycleway or footway but including any works, structure, building, equipment or apparatus placed in, on, over or under that bridge or area);
b
wilfully or negligently to damage or interfere with the existing bridge, the existing toll plaza area, or any structures, works or apparatus on, under or over them or used in connection with the regulation of traffic on the road carried by the bridge or the road within the existing toll plaza area or with the collection of tolls;
c
wilfully or negligently to damage or, without the permission of a constable or appointed person, remove, take up or cross any bar, rail, fence or barrier, or force open any gate or moveable barrier, fitted or placed on any part of the existing bridge or the existing toll plaza area for the regulation of any class of traffic including pedestrians;
d
wilfully to remove, damage, deface, obscure or mark any part of the existing bridge or existing toll plaza area, or any structure, works or apparatus in, on, under or over that bridge or area or used in connection with the regulation of traffic thereon, or with the levying of tolls or any sign or notice on or near the road carried by the existing bridge or the road within the existing toll plaza area and so used; and
e
to post on, or affix to, any part of the existing bridge or existing toll plaza area or to any such structure, works or apparatus, any slogan, bill, placard, notice, device or object.
Interference with signs
17
No person shall, without the previous authorisation of the concessionaire, where tolls are for the time being leviable by a concessionaire, or of the Secretary of State, remove, deface or obscure any notice or sign placed on or near the existing bridge, the existing toll plaza area, or any structure, works or apparatus in, on, under or over that bridge or that area in connection with the regulation of traffic thereon or with the collection of tolls.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State
Department of Transport
23rd June 1993


text:
Citation and commencement
1
1
This Order may be cited as the Cheshire, Lancashire and Merseyside (County and Metropolitan Borough Boundaries) Order 1993.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order —
“Cheshire” means the county of Cheshire, and any reference to Halton is a reference to the Cheshire borough of that name;
“district” includes a borough, a metropolitan borough and a city;
“electoral division” means an electoral division of the county to which an area is transferred by this Order ;
“Lancashire” means the county of Lancashire, except in the expression “West Lancashire”, where it means the Lancashire district of West Lancashire;
“the map” means one or more of the 17 maps prepared by the Department of the Environment, marked “Maps of the Cheshire, Lancashire and Merseyside (County and Metropolitan Borough Boundaries) Order 1993”, and deposited in accordance with regulation 5 of the Local Government Areas Changes Regulations 1976;
“Merseyside” means the metropolitan county of Merseyside, and any reference to Knowsley, to Liverpool, to St.Helens or to Sefton is a reference to the district of that name in that county;
“the abolished parish” means the Knowsley parish of Simonswood (abolished by article 4), “new parish” means the new Lancashire parish of Simonswood (created by article 5), and
“new parish council” means the parish council for the new parish; any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a ward of the district from or to which an area is transferred , except in article 5(6), where it means a ward of Knowsley, and in the expression “parish ward”, where it means a ward of the parish to which an area is transferred.
Transfers between Cheshire (Halton) and Merseyside (Knowsley)
3
1
The unparished area which is marked I on map 5 shall be transferred from Cheshire, from Halton, and from the Farnworth ward to Merseyside, to Knowsley, to the parish of Cronton, and to the Whiston South ward.
2
The unparished areas which are marked A and C on map 6 shall be transferred from Cheshire from Halton, and from the Ditton ward to Merseyside, to Knowsley, to the parish of Tarbock, and to the Halewood East ward.
3
The areas transferred by paragraphs (1) and (2) shall additionally be transferred to the Knowsley District petty sessional division and the Knowsley, St. Helen’s and Sefton coroner’s district.
4
Each area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from Mersyside, from Knowsley and from the parish named in column 3 to Cheshire, to Halton, to the ward and the electoral division named in column 4, and to the Halton petty sessional division and the Cheshire coroner’s district, becoming unparished.
Table
1. 2. 3. 4. Area marked– On map– Transferred from Merseyside, from Knowsley, and from the parish of– To Cheshire, to Halton and to–
J 5 Cronton Farnworth ward Birchfield electoral division A & B 7 Halewood Ditton ward Oakfield electoral division B & D 6 Tarbock Ditton ward Oakfield electoral division
Transfers from Merseyside (Knowsley and Sefton) to Lancashire (West Lancashire), and creation of new West Lancashire parish of Simonswood
4
The Merseyside parish of Simonswood and its parish council shall be abolished.
5
1
The following areas shown on map 1 —
a
the part of the abolished parish marked S; and
b
the parts of the Sefton parish of Melling marked N, O, P and R —
shall be transferred from Merseyside, and from Knowsley and Sefton respectively to Lancashire, to West Lancashire, to the Bickerstaffe ward, to the West Lancashire South electoral division, and to the Ormskirk petty sessional division and the Preston and South West Lancashire coroner’s district.
2
There shall be created in West Lancashire a new parish, to be named Simonswood, and consisting of the areas transferred by paragraph (1).
3
There shall be a parish council for the new parish, consisting of 5 parish councillors.
4
Elections for the new council shall be held on such day before 1st April 1994 as the returning officer shall appoint, and the councillors elected thereat shall come into office on 1st April 1994 and shall retire on the fourth day after the ordinary day of election of councillors in 1998.
5
The proper officer of the West Lancashire District Council shall convene both the first annual meeting of the new council, which shall be held in April 1994, and the first assembly of the parish meeting, and if the latter is held before the former, the parish meeting may appoint a person to take the chair, who shall have, for the purposes of that occasion only, the powers and authority of a chairman.
6
The new parish council shall be the residuary successor to the abolished council, and shall assume custody of its public books, documents and records.
7
The parts of the abolished parish marked K and T on map 1 shall remain in Merseyside, and in Knowsley, but shall become unparished. The area marked T shall be transferred from the Tower Hill ward of that district to the Northwood ward.
8
For the purposes of article 3 of the Local Government Finance (Miscellaneous Provisions) (England) Order 1993 , there is specified in relation to the new parish the sum of £3,000 (three thousand pounds).
Transfers within Merseyside between Knowsley and Sefton
6
1
The following areas shown on map 1 —
a
the parts of the abolished parish marked M, Q, and U;
b
the unparished parts of the Park ward marked A and C; and
c
the unparished parts of the Tower Hill ward marked G, I and L —
shall be transferred from Knowsley to Sefton, to the parish of Melling, to the Molyneux ward, and to the South Sefton petty sessional division.
2
The parts of the parish of Melling which are marked B, D, E, F, H and J on map 1 shall become unparished, and shall be transferred to Knowsley, and to the Knowsley District petty sessional division. The areas marked B and D shall additionally be transferred to the Park ward, and those marked E, F, H and J to the Tower Hill ward.
Transfers within Merseyside between Knowsley and St. Helens
7
1
Each area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from Knowsley, and from the parish or, where unparished, the ward named in column 3 to St. Helens, to the parish and ward named in column 4, and to the St. Helens petty sessional division.
Table
1. 2. 3. 4. Area marked– On map– Transferred from Knowsley, and from– To St. Helens, and to the parish and ward of–
A 2 Northwood ward Windle E & G 5 Parish of Cronton Rainhill B 3 Parish of Knowsley Eccleston B 2 Parish of Knowsley Windle E 3 Parish of Prescot Eccleston B 4 Parish of Whiston Eccleston A, C & D 5 Parish of Whiston Rainhill
2
Each area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from St. Helens, and from the parish named in column 3 to Knowsley, to the parish (and parish ward, if any) and ward named in column 4, and to the Knowsley District petty sessional division.
Table
1. 2. 3. 4. Area marked– On map– Transferred from St. Helens and from the parish of– To Knowsley, and to–
A & C 3 Eccleston
Parish of Knowsley
Knowsley Park North
District 2 parish ward
Knowsley Park ward
D 3 Eccleston
Parish West District 5
parish ward
Prescot West ward
A 4 Eccleston
Parish of Whiston
Delph parish ward
Whiston North ward
F & H 5 Rainhill
Parish of Cronton
Whiston South ward
B 5 Rainhill
Parish of Whiston
Whiston East parish ward
Whiston North ward
Transfers within Merseyside between Knowsley and Liverpool
8
1
Each area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from Knowsley, and from the parish (or, where unparished, the ward) named in column 3 to Liverpool, to the ward named in column 4 and to the Liverpool Metropolitan District petty sessional division and the Liverpool coroner’s district, becoming or remaining unparished.
Table
1. 2. 3. 4. Area marked– On map– Transferred from Knowsley, and from– To Liverpool, and to the following ward–
E, G, I & K 8 Parish of Halewood Allerton A, C, D, E, G, I, L & N 8a Parish of Haleswood Netherley A 9 A & B 8 Parish of halewood Woolton A 14 Parish of Knowsley Dovecot B 15 E & G 15 Parish of Knowsley Gillmoss D, F, H, J & L 9 Parish of Tarbock Netherley A, C, D, F, I, K, L & M 10 C & E 14 Princess ward Dovecot A 11 Roby ward Netherley A, C & E 12 Roby ward Valley A & C 13 G & I 13 Swanside ward Broadgreen D 13 Swanside ward Childwall B, D & E 16 Whitefield ward Fazakerley
2
Each area which is marked as shown on the following Table on the map indicated in column 2 shall be transferred from Liverpool, and from the ward named in column 3 to Knowsley, to the parish and parish ward (if any) and the ward named in column 4, and to the Knowsley District petty sessional division and the Knowsley, St. Helens and Sefton coroner’s district.
Table
1. 2. 3. 4. Area marked– On map– Transferred from Liverpool, and from the following ward– To Knowsley–
D 8 Allerton
Parish of Halewood
Halewood West District 1
parish ward
Halewood West ward
F, H & J 8 Allerton
Parish of Halewood
Halewood West District 2
parish ward
Halewood West ward
F, H & J 13 Broadgreen Swanside ward E 13 Childwall Swanside ward
B
A
14
15
Dovecot
Parish of Knowsley
Knowsley Park South
District 1 parish ward
Knowsley Park ward
G 14 Dovecot Page Moss Ward D & F 14 Dovecot Princess ward A, C & F 16 Fazakerley Whitefield ward D & F 15 Gillmoss
Parish of Knowsley
Cantril Farm District 2
parish ward
Cantril farm ward
C 15 Gillmoss
Parish of Knowsley
Knowsle;y Park South
District 1 parish ward
Knowsley Park ward
B, F, H, J, K, M & O
B
8a
9
Netherley
Parish of halewood
Halewood East district 2
parish ward
Halewood East ward
C, E, G, I & K
B, E, G, H, J & N
9
10
Netherley
Parish of Tarbock
Tarbock District 1
parish ward
Haleswood East ward
D 7 St. Mary's
Parish of Halewood
Halewood South District 2
parish ward
Halewood South ward
B & C 7 Speke
Parish of Halewood
Halewood south District 2
parish ward
Halewood South ward
B & D
B
12
13
Valley Roby ward P 8a Woolton
Parish of Halewood
Halewood East district 3
parish ward
Halewood East ward
C 8 Woolton
Parish of Halewood
Halewood West District 1
parish ward
Halewood West ward
Town and Country Planning
9
1
In this article,“provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State for the Environment
Robin Squire
Parliamentary Under Secretary of State,
Department of the Environment
2nd March 1993


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) Order 1993 and shall come into force on 6th August 1993.
2
The provisions of this Order apply for the purpose of ascertaining the achievements of pupils who are in the final year of the first key stage in relation to the attainment targets in the core subjects for that key stage.
3
This Order applies to maintained schools in England only.
Revocation
2
The Education (National Curriculum) (Assessment Arrangements for English, Mathematics, Science, Technology, History and Geography) (Key Stage 1) Order 1992 is revoked.
Interpretation
3
1
In this Order —
“the assessment authority” means the School Examinations and Assessment Council and, following its dissolution by section 246 of the Education Act 1993, the School Curriculum and Assessment Authority established by section 244 of that Act and includes any person or body appointed by either such authority to discharge the authority’s functions under 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 the foundation subjects, which documents have effect by virtue of the section 4(2)(a) and (b) orders for those subjects respectively for the time being in force;
“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;
“section 4(2)(a) and (b) orders” means orders made under section 4(2)(a) and (b) of the Education Reform Act 1988 specifying attainment targets and programmes of study in relation to the core subjects;
“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
unless the context otherwise requires 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
4
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed by a teacher in each core subject not later than four weeks before the end of the summer term in accordance with the provisions of this article and for a record of the results to be made by that teacher.
2
The purpose of the assessment shall be to determine the pupil’s level of attainment in each attainment target specified for each subject which applies to him and in the subject as calculated in accordance with article 7.
3
Subject to paragraph (4), the record of the results shall specify the pupil’s level of attainment in each attainment target mentioned in paragraph (2) and in each subject so calculated.
4
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.
5
In making an assessment of a pupil pursuant to this article the teacher may take into account the results of any previous assessments of the pupil, including assessments by means of standard tasks, whether or not the previous assessments were made by that teacher.
Standard task assessment: English and mathematics
5
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed in English and mathematics in accordance with the provisions of this article, and such an assessment shall be known as a “standard task assessment”.
2
Standard tasks made by the Secretary of State pursuant to article 9 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.
3
An assessment based on the pupil’s performance in each standard task shall be made, and the result thereof recorded, not later than four weeks before the end of the summer term.
4
Subject to paragraph (5) the record of the results shall consist of a statement of the pupil’s level of attainment in each relevant attainment target, and, if the document in which the standard tasks are published so requires, a statement of the pupil’s level of attainment in the subject determined in accordance with the provisions of that document.
5
Where in the case of English at least one relevant attainment target does not apply in relation to a pupil, or the pupil has not completed a standard task and paragraph (7) does not apply, no record of the pupil’s level of attainment in that subject shall be determined.
6
In paragraphs (4) and (5) “relevant attainment target” means any attainment target in which the standard tasks enable achievement to be assessed.
7
Where a pupil is unable to complete a standard task due to his absence from school (whether because of illness or for any other reason), if in the opinion of his head teacher he has done sufficient work on the standard task 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 this article.
Verification of assessments
6
1
This article makes provision for the verification of teacher and standard task assessments by the local education authority (in the case of schools which they maintain) and the assessment authority (in the case of grant-maintained schools) and the substitution for levels of attainment determined by such assessments of levels determined by them, and in this article each such authority is referred to as “the verifying authority”.
2
In the case of schools maintained by a local education authority, that authority shall exercise the functions conferred by this article in relation to each such school and each core subject.
3
On request by the verifying authority the head teacher shall provide them with the results of teacher assessments and standard task assessments of such number or proportion of pupils and in such subjects or attainment targets of subjects as they may require, together with the supporting material referred to in paragraph (4), to enable the verifying authority to verify the assessments.
4
The supporting material consists of the records and other evidence of a pupil’s achievements relied on by a teacher in making a teacher assessment, the pupil’s written response to the standard tasks and such further material as the authority may reasonably require.
5
If after such verification the verifying authority consider that the results of the assessments are accurate, they shall so notify the head teacher, and the levels of all pupils at the school determined by teacher and standard task assessments (whether or not verified) shall be the levels for the subject in question.
6
If after such verification the verifying authority consider that some of the results are inaccurate, they shall so notify the head teacher and, if they so request, the head teacher shall as soon as practicable —
a
arrange for the results considered to be inaccurate, together with such other results as the authority may request, to be reconsidered by the teachers concerned and subsequently submitted to the authority for verification; and
b
provide the authority with the results of the assessments of all other pupils in the subject in question which have not been verified, together with the supporting material referred to in paragraph (3), for verification.
7
Where any level of attainment determined by the authority differs from the level determined by a teacher or standard task assessment, the level determined by the authority after verification shall be the level of attainment.
8
It shall be the duty of the head teacher and the governing body —
a
to permit the verifying authority to enter the premises of the school at all reasonable times in order to observe the implementation of the arrangements specified by this Order;
b
to permit the verifying authority to inspect and take copies of documents and other articles relating to teacher or standard task assessment; and
c
to provide to the verifying authority such information relating to such assessment as they may reasonably request.
9
For the purpose of exercising its functions under this article the local education authority shall appoint such competent persons as they think fit, and each such authority shall consult with at least two such others with a view to ensuring that consistent standards and principles are applied by the authority in verifying the results of assessments.
10
A person is not competent for the purposes of paragraph (9) unless he has recent experience of the provision of the National Curriculum in primary schools.
Determination of attainment by teacher assessment
7
1
Subject to article 8 the provisions of this article regulate the determination of a pupil’s level of attainment in each core subject by teacher assessment.
2
The pupil’s level of attainment in each such subject shall be the average of his levels of attainment in each attainment target as determined by teacher assessment, weighted in the case of English and science as follows —
English Science
Speaking and Listening (AT1) 10 Scientific investigation (AT1) 3 Reading (AT2) 10 Life and living processes (AT2) 1 Writing (AT3) 7 Materials and their properties (AT3) 1 Spelling (AT4) 2 Physical processes (AT4) 1 Handwriting (AT5) 1
Pupils not subject to provisions of the National Curriculum
8
1
Article 7 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 subject does not apply to such a pupil, article 7 shall have effect as if the number thereof applying to the pupil were the total number in the subject.
3
Where more than one attainment target in the subject does not apply to such a pupil, article 7 shall not apply to him.
Supplementary powers of the Secretary of State
9
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 tasks for the purpose of assessing pupils' levels of attainment in any attainment target or core subject and as to their administration to pupils.
Emily Blatch
Minister of State,
Department for Education
5th August 1993


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gwynedd Community Health National Health Service Trust (Establishment) Order 1993 and shall come into force on 1st December 1993.
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 he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st December 1993;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Gwynedd Community Health 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 Gwynedd Community Health 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 Bryn y Neuadd Hospital, Llanfairfechan, Gwynedd LL33 OHH and associated hospitals.
b
to manage community health services provided from Bryn y Neuadd Hospital, Llanfairfechan, Gwynedd LL33 OHH and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 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
Gwynedd 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
Gwynedd 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 the 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 Gwynedd 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.
John Redwood
Secretary of State for Wales
19th November 1993