The Agriculture (Power Take-off) (Amendment) Regulations 1991

Made20th August 1991

Laid before Parliament3rd September 1991

Coming into force30th September 1991

The Secretary of State, in exercise of the powers conferred on him by section 15(1), (3)(a) and (5)(a) of the Health and Safety at Work etc. Act 19741 (“the 1974 Act”) and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act, after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:—

Citation and commencement1

These Regulations may be cited as the Agriculture (Power Take-off) (Amendment) Regulations 1991 and shall come into force on 30th September 1991.

Amendments to the Agriculture (Power Take-off) Regulations 19572

Regulation 3 of the Agriculture (Power Take-off) Regulations 19572 shall be amended as follows:—

a

in paragraph (1) of that regulation—

i

there shall be inserted, at the beginning, the words “Subject to paragraph (3) of this regulation,”, and

ii

there shall be substituted for the word “The” where it first appears the word “the”; and

b

the following paragraph shall be inserted after paragraph (2) of that regulation:—

3
Nothing in paragraph (1) of this regulation shall apply to a tractor of a type in respect of which EEC type-approval has been granted with regard to its power take-off and the protection of that power take-off in accordance with—
a
Council Directive 74/150/EEC3 relating to the type-approval of wheeled agricultural or forestry tractors, as amended by Council Directive 79/694/EEC4, Council Directive 82/890/EEC5, Council Directive 88/297/EEC6 and the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties which forms part of the Treaty concerning the accession of the Kingdom of Spain and the Portuguese Republic to The European Economic Community and to the European Atomic Energy Community, signed at Lisbon and Madrid on 12th June 19857; and
b
Council Directive 86/297/EEC8 relating to the power take-offs of wheeled agricultural and forestry tractors and their protection.

Signed by order of the Secretary of State.

Eric ForthParliamentary Under Secretary of State,Department of Employment20th August 1991

(This note is not part of the Regulations)

These Regulations amend the Agriculture (Power Take-off) Regulations 1957 (S.I. 1957/1386) so as to disapply the prohibition and conditions relating to the use of a tractor having a power take-off which are contained in regulation 3(1) of those 1957 Regulations where the tractor concerned is of a type in respect of which EEC type-approval has been granted with regard to its power take-off and the protection of that power take-off in accordance with Council Directive 74/150/EEC (OJNo. L84, 28.3.74, p.10, as amended by Council Directive 79/694/EEC (OJNo. L205, 13.8.79, p.17), Council Directive 82/ 890/EEC (OJNo. L378, 31.12.82, p.45), Council Directive 88/297/EEC (OJNo. L126, 20.5.88, p.52) and the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties which forms part of the Treaty concerning the accession of the Kingdom of Spain and the Portuguese Republic to the European Economic Community and to the European Atomic Energy Community, signed at Lisbon and Madrid on 12th June 1985 (the Act is included in European Communities No. 27(1985), Cmnd 9634)) and Council Directive 86/297/EEC (OJNo. L186, 8.7.86, p.19).