text:
Citation and commencement
1
These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Specified Periods) (England) Regulations 1995 and shall come into force on 19th October 1995.
Interpretation
2
In these Regulations —
“ 1988 Act ”means the Local Government Act 1988; and
“educational establishment”means a county school, a voluntary controlled school, a voluntary aided school, a special agreement school, a special school, a nursery school or a pupil referral unit within the meaning of the Education Act 1944 and the Education Act 1993.
Application
3
These Regulations apply only to work which is proposed to be carried out in England on or after 19th October 1995 and shall not apply to work for which a notice including a statement of the period during which the work is to be carried out has been published in accordance with the requirements of section 7 of the 1988 Act on or before that date.
Disapplication of previous regulations
4
The Local Government Act 1988 (Defined Activities) (Specified Periods) (England) Regulations 1988, the Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1990 and the Local Government Act 1988 (Defined Activities) (Specified Periods) (Inner London) Regulations 1990 shall not apply to work to which these Regulations apply.
Specified periods
5
1
The second condition, set out in section 7(3) of the 1988 Act, shall not be treated as fulfilled as respects work undertaken under an arrangement which comprises an activity mentioned in the first column of Part I of the Schedule, all or part of which is undertaken at or in connection with an educational establishment, if the period stated in the detailed specification by virtue of section 7(3)(c) is less than the period mentioned in the second column of that Part or exceeds the period mentioned in the third column.
2
The said condition shall not be treated as fulfilled as respects work undertaken under an arrangement which comprises an activity mentioned in the first column of Part II of the Schedule, and which does not involve work at or in connection with an educational establishment, if the period so stated is less than the period mentioned in the second column of that Part or exceeds the period mentioned in the third column.
3
Where an authority estimates that the hours of work to be undertaken at or in connection with an educational establishment are less than 40% of the total number of hours of work required in respect of the relevant arrangement, paragraph (2) shall apply to the work undertaken under that arrangement.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
22nd September 1995


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Statutory Sick Pay Percentage Threshold Order 1995 (Consequential) Regulations 1995 and shall come into force on 6th April 1995.
Savings in respect of small employers' relief
2
Notwithstanding the revocation of the Statutory Sick Pay (Compensation of Employers) and Miscellaneous Provisions Regulations 1983 and the Statutory Sick Pay (Small Employers' Relief) Regulations 1991 , those Regulations shall continue to have effect for the purposes of entitling an employer to recover an amount of statutory sick pay paid (whether before or after 6th April 1995) in respect of any day of incapacity for work before 6th April 1995 .
Amendment of the Statutory Sick Pay (General) Regulations 1982
3
The Statutory Sick Pay (General) Regulations 1982 shall be amended by inserting after regulation 21 the following regulation:
Election to be treated as different employers not to apply to recovery of statutory sick pay
21A
1
Paragraph (2) below applies for the purposes of section 159A of the Contributions and Benefits Act (power to provide for recovery by employers of sums paid by way of statutory sick pay) and of any order made under that section .
2
Where an employer has made 2 or more elections under regulation 3 of the Income Tax (Employments) Regulations 1993 to be treated as a different employer in respect of each of the groups of employees specified in the election, the different employers covered by each of those elections shall be treated as one employer.
.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
1st March 1995


text:
1
This Order may be cited as the Finance Act 1995, section 20, (Appointed Day) Order 1995.
2
The provisions of section 20 of the Finance Act 1995 shall have effect in relation to payments made on or after 1st December 1995.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
9th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Haringey Health Care National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 6th June 1995.
2
In this Order —
“the Authority” means the New River Health Authority;
“the Trust” means the Haringey Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 27th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th June 1995 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
9th May 1995


text:
1
This Order may be cited as the Courts and Legal Services Act 1990 (Commencement No. 10) Order 1995.
2
Section 82 of the Courts and Legal Services Act 1990 shall come into force forthwith.
Mackay of Clashfern, C.
Dated 6th March 1995


text:
Citation and commencement
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) Order 1995 and shall come into force on 20th February 1995.
Specified Bodies
2
The following bodies are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985 (priority of charges) —
a
Darlington Mortgage Services Limited;
b
Furness Mortgage Services Limited;
c
Gracechurch Mortgage Finance ( No. 5) Limited;
d
Homeloans Direct Limited;
e
Ipswich Mortgage Services Limited;
f
LBS Insurance Services Limited;
g
LBS Mortgage Services Limited;
h
Leamington Mortgage Corporation Limited;
i
Leeds and Holbeck Mortgage Funding Limited;
j
N & P Mortgages Limited;
k
N & P Mortgages Series A Limited;
l
N & P Mortgages Series B Limited;
j
N & P Mortgages Series C Limited;
n
S.A. Mortgages No. 1 Limited.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
23rd January 1995
We consent,
Andrew Mitchell
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
30th January 1995


text:
INTRODUCTION
Citation, commencement and effect
1
These Regulations may be cited as the Merchant Shipping (Port State Control) Regulations 1995 and shall come into force on 1st January 1996.
PART I
IMPLEMENTATION OF COUNCIL DIRECTIVE 95/21/ EC
Interpretation of Part I
2
1
This Part of these Regulations implements in the United Kingdom Council Directive 95/21/EC concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (in these Regulations referred to as the “Council Directive”).
2
In these Regulations, unless the context otherwise requires:
“ the Act ” means the Merchant Shipping Act 1995 ;
“British ship” has the meaning given by section 1 of the Act;
“clear grounds” means evidence which in the professional judgement of an inspector warrants a more detailed inspection of a ship, its equipment or its crew, including in particular criteria listed in Annex III of M. 1639 ;
“Conventions” means:
the International Convention on Load Lines, 1966 ( LL 66 ),
the International Convention for the Safety of Life at Sea, 1974 ( SOLAS 74 ),
the International Convention for the Prevention of Pollution from Ships, 1973, and the 1978 Protocol relating thereto ( MARPOL 73/78 ),
the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 ( STCW 78 ),
the Convention on the International Regulations for Preventing Collisions at Sea, 1972 ( COLREG 72 ),
the International Convention on Tonnage Measurement of Ships, 1969 and the Merchant Shipping (Minimum Standards) Convention, 1976 ( ILO No 147 ),
together with the Protocols and amendments to these Conventions and related Codes of mandatory status, in force at 19 June 1995; and
a reference to a Convention is a reference to any of the Conventions;
“Convention enactments” means:
the Act; and
statutory instruments made, or treated as made, under the Act, (including statutory instruments made, or treated as made, under an Order under the Act) which implement the Conventions;
“expanded inspection” means an inspection as specified in regulation 7.
“fishing vessel” means a vessel used for catching fish, whales, seals, walrus or other living resources of the sea;
“flag administration” in relation to a ship means the administration of the State whose flag the ship is entitled to fly;
“inspector” means a person duly authorised by the Secretary of State to carry out inspections required by these Regulations;
“Marine Safety Agency” means the Marine Safety Agency, an executive agency of the Department of Transport;
“Merchant Shipping Notice” means a Notice described as such, issued by the Marine Safety Agency, and reference to a specific Merchant Shipping Notice includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“more detailed inspection” means an inspection where the ship, its equipment and crew as a whole or, as appropriate, parts thereof are subjected, in the circumstances specified in regulation 6(3), to an in-depth inspection covering the ship’s construction, equipment, manning, living and working conditions and compliance with on-board operational procedures;
“ MOU ” means the Memorandum of Understanding on Port State Control, signed in Paris on 26 January 1982, as it stands at 19 June 1995;
“M. 1639” means Merchant Shipping Notice No. M. 1639;
“offshore installation” means a fixed or floating platform operating in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 ;
“owner” includes, in relation to a ship, any operator, manager, charterer or agent of the ship;
“port authority” means a harbour authority within the meaning of the Harbours Act 1964 , or in Northern Ireland, of the Harbours Act (Northern Ireland) 1970 , or if there is no such authority, the person having control of the operation of the port;
“ship” includes hovercraft;
“stoppage of an operation” means a formal prohibition of a ship to continue an operation due to established deficiencies which, individually or together, would render the continued operation hazardous.
Application of Part I
3
1
Subject to paragraph (2) below, this Part applies to any seagoing ship:
a
in a port in the United Kingdom or at an offshore installation; or
b
anchored off such a port or such an installation (except in waters which are neither United Kingdom waters nor designated waters),
and its crew.
2
This Part of these Regulations does not apply to —
a
a British ship,
b
a fishing vessel,
c
a ship of war,
d
a naval auxiliary,
e
a wooden ship of a primitive build,
f
a government ship used for non-commercial purposes, or
g
a pleasure yacht not engaged in trade.
3
In the case of a ship below 500 gross tonnage to the extent to which a Convention does not apply, an inspector shall, without prejudice to any other powers under the Act or statutory instruments made under it, take such action as may be necessary to ensure that the ship is not clearly hazardous to safety, health or the environment. In his application of this paragraph, an inspector shall be guided by Annex 1 to the MOU.
4
When inspecting a ship pursuant to regulations 5 to 8 below no more favourable treatment shall be given to a ship flying the flag of a State which is not a party to a Convention or to the crew of such a ship than that given to a ship flying the flag of a State which is a party to that Convention or to the crew of such a ship.
5
A power of inspection or detention conferred by a Convention enactment is also exercisable in relation to a ship which —
a
is at an offshore installation, or
b
is anchored off an offshore installation or a port in the United Kingdom,
where the ship is one to which this Part of these Regulations applies.
6
Where —
a
a ship to which this Part of these Regulations applies is detained under a Convention enactment, or
b
the master of such a ship is served with a detention notice under such an enactment,
section 284 of the Act (enforcing detention of a ship) shall apply in relation to the ship as if any reference to proceeding to sea were a reference to proceeding contrary to the detention notice and references to sending or taking to sea were construed accordingly.
7
In this regulation:
“designated waters” means areas of sea above any of the areas for the time being designated under section 1(7) of the Continental Shelf Act 1964; and
“United Kingdom waters” has the meaning given by section 313(2)(a) of the Act.
Competent Authority
4
1
The Marine Safety Agency is designated the competent authority for the United Kingdom for the purpose of the Council Directive and Part I of these Regulations.
2
In relation to any other member State the “competent authority” means the national maritime administration maintained by that State for the inspection of ships.
3
In relation to a stae other than a member State “competent authority” means any authority designated as such by that state.
Inspection commitments
5
1
The Marine Safety Agency shall carry out an annual total number of inspections corresponding to at least 25% of the number of individual ships to which this Part of these Regulations apply which entered its ports during a representative calendar year.
2
In selecting ships for inspection the Marine Safety Agency shall give priority to the ships referred to in Annex I of M. 1639.
3
The Marine Safety Agency shall refrain from inspecting a ship which has been inspected by the competent authority of any member State in accordance with the Council Directive within the previous six months, provided that:
a
the ship is not in a category listed in Annex I of M. 1639, and
b
no deficiencies have been reported, following a previous inspection, and
c
no clear grounds exist for carrying out an inspection.
4
The provisions of paragraph (3) shall not apply to any of the operational controls specifically provided for in the Convention enactments.
Inspection procedure
6
1
In carrying out an inspection referred to in regulation 5, the inspector shall as a minimum:
a
check the certificates and documents listed in Annex II of M. 1639, to the extent applicable; and
b
satisfy himself of the overall condition of the ship, including the engine room and accommodation and including hygienic conditions.
2
The inspector may examine all relevant certificates and documents, other than those listed in Annex II of M. 1639, which are required to be carried on board in accordance with the Convention enactments.
3
Whenever there are clear grounds for believing, after the inspection referred to in paragraph (1) and (2), that the condition of a ship or of its equipment or crew does not substantially meet the relevant requirements of a Convention enactment, a more detailed inspection shall be carried out, including further checking of compliance with onboard operational requirements.
4
The inspector shall also observe the relevant procedures and guidelines for the control of ships specified in Annex IV of M. 1639.
Expanded inspection of certain ships
7
1
Where there are clear grounds for a more detailed inspection of a ship belonging to the categories listed in Annex V of M. 1639, an expanded inspection shall be carried out taking into account the guidelines in Annex V, section B of M. 1639.
2
A ship referred to in paragraph (1) above shall be subject to an expanded inspection by any of the competent authorities of the member States only once during a period of 12 months. However, the ship may be subject to the inspection provided for in regulation 6(1) and (2).
3
Subject to paragraph (2) above, in the case of a passenger ship operating on a regular schedule in or out of a port in the United Kingdom, an expanded inspection of the ship shall be carried out before the ship starts operating on the schedule and every 12 months thereafter by the Marine Safety Agency subject to consultation with the competent authority of a member State, if the ship operates to ports in that member State.
Report of inspection to the master
8
1
On completion of an inspection, a more detailed inspection, or an expanded inspecton, the master of the ship shall be provided by the inspector with a document in the form specified in Annex 3 to the MOU, giving the results of the inspection and details of any decisions taken by the inspector, and of corrective action to be taken by the master, owner or operator.
2
In the case of deficiencies warranting the detention of a ship, the document to be given to the master in accordance with paragraph (1) shall include information about the future publication of information concerning the detention with regulation 16.
Rectification and detention
9
1
The owner shall satisfy the Marine Safety Agency that any deficiencies confirmed or revealed by an inspection referred to in regulation 6 or 7 are or will be rectified in accordance with the Conventions.
2
a
In case of deficiencies which are clearly hazardous to safety, health or the environment, the inspector shall detain the ship, or require the stoppage of the operation in the course of which the deficiencies have been revealed, using powers of detention in Convention enactments as appropriate, or issuing a prohibition notice under section 262 of the Act, as the case may be.
b
A detention notice may:
i
include a direction that a ship shall remain in a particular place, or shall move to a particular anchorage or berth; and
ii
specify circumstances when the master of the ship may move his ship from a specified place for reasons of safety or prevention of pollution.
c
The detention notice or stoppage of an operation shall not be lifted until the Marine Safety Agency establishes that the ship can, subject to any necessary conditions, proceed to sea or the operation be resumed without risk to the safety and health of passengers or crew, or risk to other ships, or without there being an unreasonable threat to or harm to the marine environment.
3
Without prejudice to any other requirement in the Convention enactments, when exercising his professional judgement as to whether or not a ship should be detained the inspector shall apply the criteria set out in Annex VI of M. 1639.
4
In exceptional circumstances, where the overall condition of a ship is obviously substandard, the inspector may, in addition to detaining the ship, suspend the inspection of that ship until the responsible parties have taken the steps necessary to ensure that it complies with the relevant requirements of the Conventions.
5
Without prejudice to any other requirement in the Convention enactments, in the event that an inspection referred to in regulation 6 or 7 gives rise to detention, the Marine Safety Agency shall immediately inform, in writing, the flag administration or the Consul or, in his absence,, the nearest diplomatic representative of the State of the flag administration, of all the circumstances in which intervention was deemed necessary. In addition, nominated surveyors or recognized organizations responsible for the issue of the ship’s certificates shall also be notified where relevant.
6
The provisions of these Regulations shall be without prejudice to the additional requirements of the Conventions concerning notification and reporting procedures related to port State control.
7
When carrying out inspections under these Regulations, the inspector shall make all possible efforts to avoid a ship being unduly detained or delayed.
Right of appeal and compensation
10
1
Regulations 11 and 12 apply in relation to the exercise of the power of detention in any Convention enactment which is contained in a statutory instrument, except the Merchant Shipping (Survey and Certification) Regulations 1995 .
2
Section 96 of the Act (references of detention notices to arbitration) shall apply in relation to a ship to which this Part of these Regulations applies as if, in subsection (2), the words from “unless” to the end were omitted.
3
Section 97 of the Act (compensation in connection with invalid detenction of ship) shall apply in relation to a ship to which this Part of these Regulations applies as if, for subsection (1) there were substituted:
1
If on a reference under section 96 relating to a detention notice in relation to a ship, the owner of the ship shows to the satisfaction of the arbitrator that —
a
any matter did not constitute a valid basis for the relevant inspector’s opinion, and
b
there were no reasonable grounds for the inspector to form that opinion,
the arbitrator may award the owner such compensation in respect of any loss suffered by him in consequence of the detention of the ship as the arbitrator thinks fit.
.
4
In the operation of sections 264 and 265 of the Act, as applied by regulation 25 of the Merchant Shipping (Survey and Certification) Regulations 1995, as those sections apply in relation to a detention notice or order served on the master of a ship which is not a British ship:
i
the giving of a notice under the said section 264 (as applied by the said Regulations) shall not operate to suspend the operation of the detention notice or order; and
ii
on a reference under the said section 264 (as applied by the said Regulations) the burden of satisfying the arbitrator as to the matters specified in paragraphs (a) and (b) of the subsection (1) of the said section 265 shall lie with the owner.
11
1
Any question as to whether any of the matters specified in relation to a ship in a detention notice in pursuance of a power of detention to which this regulation applies in connection with any opinion formed by the inspector constituted a valid basis for that opinion shall, if the master or owner of the ship so requires by a notice given to the inspector within 21 days from the service of the detention notice, be referred to a single arbitrator appointed by agreement between the parties for that question to be decided by him.
2
Where a notice is given by the master or owner of the ship in accordance with paragraph (1) above, the giving of the notice shall not suspend the operation of the detention notice.
3
The arbitrator shall have regard, in coming to his decision, to any other matters not specified in the detention notice which appears to him to be relevant as to whether the ship was or was not liable to be detained.
4
Where on a reference under this regulation the arbitrator decides as respects any matter to which the reference relates, that in all the circumstances the matter did not constitute a valid basis for the inspector’s opinion he shall either cancel the detention notice or affirm it with such modifications as he may in the circumstances think fit; and in any other case the arbitrator shall affirm the notice in its original form.
5
The arbitrator shall include in his decision a finding whether there was or was not a valid basis for the detention of the ship.
6
A person shall not be qualified for appointment as an arbitrator under this regulation unless he is:
a
a person holding a certificate of competency as a master mariner or as a marine engineer officer class 1, or a person holding a certificate equivalent to any such certificate;
b
a naval architect;
c
a person falling within paragraph (7); or
d
a person with special experience of shipping matters, of the fishing industry, or of activities carried on in ports.
7
For the purposes of paragraph (6)(c) a person falls within this subsection if —
a
he has a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990 );
b
he is an advocate or solicitor in Scotland of at least 10 years' standing; or
c
he is a member of the bar of Northern Ireland or solicitor of the supreme Court of Northern Ireland of at least 10 years' standing.
8
In connection with his functions under this regulation an arbitrator shall have the powers conferred on an inspector by section 259 of the Act.
9
In the application of this regulation to Scotland any reference to an arbitrator shall be construed as a reference to an arbiter, and the reference in paragraph (1) above to a single arbitrator appointed by agreement between the parties shall be construed as a reference to a single arbiter so appointed or, in default of agreement, appointed by the sheriff.
10
The Arbitration Act (Northern Ireland) 1937 shall apply in relation to an arbitration in pursuance of this regulation as if this regulation related to a matter in respect of which the Parliament of Northern Ireland had powers to make laws.
12
1
If on a reference under regulation 11 relating to a detention notice:
a
the arbitrator decides that the owner has proved that any matter did not constitute a valid basis for the inspector’s opinion; and
b
it appears to him that the owner has proved that there were no reasonable grounds for the inspector to form that opinion;
the arbitrator shall award the owner of the ship such compensation in respect of any loss suffered in consequence of the detention of the ship as the arbitrator thinks fit.
2
Any compensation awarded under this regulation shall be payable by the Secretary of State.
3
In the application of this regulation to Scotland any reference to an arbitrator shall be construed as a reference to an arbiter.
Follow-up to inspections and detention
13
1
Where deficiencies referred to in regulation 9(2) cannot be rectified in the port of inspection, the Marine Safety Agency may allow the ship to proceed to the nearest apprpriate repair yard available, as chosen by the master and the responsible parties, provided that the conditions determined by the competent authority of the flag administration and agreed by the Marine Safety Agency are complied with. Such conditions shall ensure that the ship can proceed without risk to the safety and health of passengers or crew, or risk to other ships, or without there being an unreasonable threat of harm to the marine environment.
2
In the circumstances referred to in paragraph (1), the Marine Safety Agency shall notify the competent authority of the State where the repair yard is situated, the parties referred to in regulation 9(5) and any other authority as appropriate of all the conditions for the voyage.
3
The notification of the parties referred to in paragraph (2) shall be in accordance with Annex 2 to the MOU.
4
Where the Marine Safety Agency receives notification from the competent authority of another member State in respect of a ship which that authority (“the notifyhing authority”) has, pursuant to Article 11.1 of the Council Directive as having effect in that State, allowed to proceed to a repair yard in the United Kingdom, the Marine Safety Agency shall inform the notifying authority of the action it has taken.
5
a
A ship to which this paragraph applies which proceeds to sea from any port in any member State:
i
without complying with the conditions determined by the competent authority of the member State in the port of inspection; or
ii
which fails to, comply with the applicable requirements of the Conventions by not calling into the indicated repair yard;
shall not enter any port within the United Kingdom, until the owner has provided evidence to the satisfaction of the competent authority of the member State where the ship was found defective that the ship fully complies with all applicable requirements of the Conventions.
b
This paragraph applies to a ship, detained in a port in a member State after inspection has revealed deficiencies which are clearly hazardous to safety, health or the environment, which has been allowed by the competent authority to proceed to the nearest appropriate repair yard.
6
If a ship proceeds to sea from a port in the United Kingdom without complying with the conditions determined by the Marine Safety Agency in accordance with paragraph (1), the Marine Safety Agency shall immediately alert the competent authorities of all the other member States.
7
If a ship to which paragraph (5) applies is to proceed to a repair yard in the United Kingdom, but fails to call into the indicated repair yard, the Marine Safety Agency shall immediately alert the competent authorities of all the other member States.
8
Notwithstanding the provisions of paragraph (5), access to a specific port may be permitted by the Secretary of State in the event of force majeure or overriding safety considerations, or to reduce or minimize the risk of pollution or to have deficiencies rectified, provided adequate measures to the satisfaction of the Marine Safety Agency have been implemented by the owner or the master of the ship to ensure safe entry.
Professional Profile of Inspectors
14
1
Inspections under these Regulations shall be carried out only by inspectors who fulfil the criteria specified in Annex VII of M. 1639.
2
When the required professional expertise cannot be provided by the Marine Safety Agency, the inspector of the Marine Safety Agency may be assisted by any person with the required professional expertise.
3
An inspector and any person assisting him shall have no commercial interest either in the port of inspection or in the ships inspected, nor shall an inspector be employed by or undertake work on behalf of non-governmental organisations which issue statutory and classification certificates or which carry out the surveys necessary for the issue of those certificates to ships.
4
An inspector shall carry a personal document in the form of an identity card issued by the Marine Safety Agency indicating that the inspector is authorised to carry out inspections.
Reports from pilots and port authorities
15
1
A United Kingdom pilot, engaged in the berthing or unberthing of a ship to which this Part of these Regulations applies in the United Kingdom, or engaged on such a ship bound for a port within a member State, shall immediately inform;
a
in the case of an authorised pilot, the port authority authorising the pilot, who shall immediately inform The Coastguard Agency for onward transmission to the Marine Safety Agency, or;
b
in the case of other pilots;
i
The Coastguard Agency for onward transmission to the Marine Safety Agency; or
ii
the competent authority of another member State,
as appropriate, whenever they learn in the course of their normal duties that there are deficiencies which may prejudice the safe navigation of the ship, or which may pose a threat of harm to the marine environment.
2
In paragraph (1), “United Kingdom pilot” means a pilot authorised pursuant to the Pilotage Act 1987 and any pilot boarding a ship in United Kingdom waters (as defined in section 313(2)(a) of the Act.)
3
If a port authority, when exercising its normal duties, learns that such a ship within its port has deficiencies which may prejudice the safety of the ship or poses an unreasonable threat of harm to the marine environment, that authority shall immediately inform the Marine Safety Agency.
Publication of detentions
16
1
The Marine Safety Agency shall, as a minimum, publish quarterly information concerning ships to which this Part of the Regulations applies detained during the previous 3-month period and which have been detained more than once during the past 24 months. The information published shall include the following:
name of the ship;
name of the shipowner or the operator of the ship
IMO number;
flag state;
the classification society, where relevant, and, if applicable, any other Partywhich has issued certificates to such ship in accordance with the Conventions on behalf of the flag State;
reason for detention; and
port and date of detention.
Reimbursement of costs
17
1
The Merchant Shipping (Fees) Regulations 1995 shall be amended by adding the following sub-paragraph to paragraph 3 of Part I of the Schedule:
g
any inspection which results in the detention of a ship to which Part I of the Merchant Shipping (Port State Control) Regulations 1995 applies, and, without prejudice to sub-paragraph (c) above, any subsequent inspection relating to the deficiencies which led to the detention
.
2
All costs relating to any inspection carried out by the Marine Safety Agency for the purposes of, or in connection with regulation 13(5) shall be charged to the owner or his representative in the United Kingdom.
3
Any detention made pursuant to these Regulations shall not be lifted until any fees payable under the Merchant Shipping (Fees) Regulations 1995 in respect of any inspection leading to it or arising from it have been paid, or the Secretary of State has been provided with suffiicent security for the fees.
Offences
18
1
If there is any contravention of a direction made pursuant to regulation 9(2), in respect of a ship, the owner and master of the ship shall each be guilty of an offence, and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to imprisonment not exceeding two years, or a fine or both.
2
Where a ship:
a
fails to proceed to the yard specified in regulation 13(1); or
b
enters a port in contravention of regulation 13(5);
the owner and master shall each be guilty of an offence, and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to imprisonment not exceeding two years, or a fine, or both.
3
If a person obstructs an inspector or any person assisting the inspector he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
4
Any pilot who contravenes regulation 15(1) or any port authority which contravenes regulation 15(1) or 15(3) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
It shall be a defence for a person charged under this regulation to prove that the person charged took all reasonable steps to avoid committing the offence.
PART II
RIGHTS OF APPEAL AND COMPENSATION IN RESPECT OF DETAINED SHIPS
19
1
Subject to paragraph (2) below, regulations 11 and 12 above apply in relation to the exercise of the power of detention contained in any regulations made under the Merchant Shipping (Prevention of Oil Pollution) Order 1983 or the Merchant Shipping (Prevention and Control of Pollution) Order 1987 , or in safety regulations made or treated as made under section 85, of the Act, as they apply in relation to the exercise of a power of detention in accordance with Part I of these Regulations.
2
Paragraph (1) above does not apply in relation to a ship which is not a United Kingdom ship in relation to the Merchant Shipping (Certification and Watchkeeping) Regulations 1982 and the Merchant Shipping (Ro-Ro Passenger Ship Survivability) (No. 2) Regulations 1994 (being regulations a draft of which would be required by section 85(6) of the 1995 Act to be approved by resolution of each House of Parliament.)
PART III
INSPECTION OF FAMILIARITY OF CREW WITH OPERATIONAL PROCEDURES
20
1
Ships when in ports in the United Kingdom, and also in the case of United Kingdom ships when elsewhere, shall be subject to inspection for the purpose of checking that the master and crew are familiar with essential procedures and operations relating to the safety of the ship.
2
Section 258 of the Act (powers to inspect ships and their equipment, etc. ) shall apply in relation to a ship in a port in the United Kingdom as if, in subsection (1), after “articles on board”there were inserted “the familiarity of the crew with essential procedures and operations relating to the safety of the ship,”.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under-Secretary of State,
Department of Transport
5th December 1995


text:
Title and Commencement
1
This Order may be cited as the Council Tax Limitation (England) (Maximum Amounts) Order 1995 and shall come into force on the day after the day on which it is made.
Maximum Amounts
2
The amount which the amount calculated by an authority listed in the Schedule to this Order as its budget requirement for the financial year beginning in 1995 is not to exceed is the amount shown against the name of the authority in the Schedule, which amount does not in the case of any such authority exceed the amount already calculated by the authority as its budget requirement for that year.
John Selwyn Gummer
Secretary of State for the Environment
15th June 1995


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 Amendment No.2) (Fees of Solicitors) 1995 and shall come into force on 22nd June 1995.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session 1994
2
1
The Rules of the Court of Session 1994 shall be amended in accordance with the following sub-paragraphs.
2
In rule 42.1(2) —
a
for the word “The” substitute the word “Any”; and
b
in sub-paragraph (a), for the words “within a period of four months” substitute the words “not later than four months”.
3
In rule 42.13 —
a
after paragraph (2), insert the following paragraph —
2A
Subject to paragraph (3)(a) in the case of a skilled witness and paragraph (3)(b) in the case of a professional witness, in any cause in which evidence has been given by affidavit, charges shall be allowed to the deponent in terms of paragraph (2) of this rule or of paragraph (2)(a)(iii) of Chapter II of the Table of Fees as the case may be.
; and
b
in paragraph (2) after “(2)” insert the words “or (2A)”.
4
In paragraph 1 of Chapter I of the Table of Fees in rule 42.16, omit note (2) and renumber note (3) as note (2).
5
In paragraph 5 of Part V of Chapter III of the Table of Fees in rule 42.16, omit note (2) and renumber note (3) as note (2).
6
In Chapters I and III of the Table of Fees in rule 42.16 in the paragraphs specified in column 1 of the Schedule to this Act of Sederunt, for the fees and outlays set out in column 2 of that Schedule as applying to those paragraphs, there shall be substituted the fees and outlays set out in column 3 of that Schedule; and the fees and outlays so substituted shall apply to work done and outlays incurred, for which those fees and outlays are chargeable, on or after the date on which this Act of Sederunt comes into force.
Saving
3
The fees and outlays set out in column 2 of the Schedule to this Act of Sederunt shall continue to apply to work done and outlays incurred before this Act of Sederunt comes into force.
Hope of Craighead
Lord President, IPD
Edinburgh
31st May 1995


text:
Citation and Commencement
1
These Regulations may be cited as the Civil Aviation (Aerial Advertising) Regulations 1995 and shall come into force on 20th December 1995.
Revocation
2
The Civil Aviation (Aerial Advertising) Regulations 1983 and the Civil Aviation (Aerial Advertising) (Captive Balloons) Regulations 1984 are hereby revoked.
Interpretation
3
In these Regulations, unless the context otherwise requires–
a
“captive balloon”, “controllable balloon”, “flight” and “free controlled flight” shall have the meanings assigned to them by article 118(1) of the Air Navigation ( No. 2) Order 1995 ; and
b
“aircraft”, “aeroplane”, “airship”, “balloon”, “helicopter” and “kite” shall be construed in accordance with article 118(5) of the Air Navigation (No. 2) Order 1995.
Prescribed circumstances
4
For the purposes of section 82 of the Civil Aviation Act 1982 (which prohibits aerial advertising and propaganda, save in such circumstances as may be prescribed), the following circumstances are prescribed–
a
the use of any aircraft for the emission or display of any communication for one or more of the following purposes–
i
complying with the law of the United Kingdom or any other country, being law in force in relation to the aircraft;
ii
securing the safety of the aircraft or any person or property therein;
iii
the furtherance, by or on behalf of a Government department, by a person acting under any public duty or by a person providing ambulance or rescue facilities by air, of measures in connection with circumstances, existing or imminent at the time the aircraft is used, which may cause danger to persons or property;
iv
civil defence, military or police purposes;
b
save as provided in paragraph (c) below, the use of any aircraft, other than a captive balloon, for the display of any mark or inscription (other than an illuminated sign) on the body of the aircraft;
c
the use of any captive balloon which at all stages of its flight–
i
is not more than seven metres in any linear dimension; or
ii
does not have a total capacity of more than 20 cubic metres;
for the display of any mark or inscription on the body of the balloon;
d
the use of any aeroplane for the display of any mark or inscription on a banner towed behind the aeroplane;
e
the use of any kite or captive balloon, other than a controllable balloon, for the display of any mark or inscription on a banner or pennant attached to its mooring cables;
f
the use of any airship for communicating information by means of an illuminated sign attached to the airship;
g
the use of any helicopter for communicating information by means of an illuminated or non-illuminated sign attached to but not towed behind the helicopter;
h
the use of any balloon in free controlled flight which displays any identifying mark or inscription on any basket, car or other equipment attached thereto.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
15th November 1995


text:
Citation and Commencement
1
This Order may be cited as the Curfew Order (Responsible Officer) (City of Manchester, Reading and Norfolk) Order 1995 and shall come into force on 5th June 1995.
Interpretation
2
In this Order “place of curfew” means a place specified by a curfew order as a place at which a person is required by the order to remain for the curfew periods.
Responsible Officer in the City of Manchester or Reading
3
Where a curfew order specifies a place in the City of Manchester or Reading as a place of curfew the responsible officer shall be an employee of Securicor Custodial Services Limited of Sutton Park, 15 Carshalton Road, Sutton, Surrey SM1 4LD.
Responsible Officer in Norfolk
4
Where a curfew order specifies a place in Norfolk as a place of curfew the responsible officer shall be an employee of Geografix Limited, Hurricane Way, Norwich NR6 6EW.
Home Office
Blatch
Minister of State
25th May 1995


text:
Citation and commencement
1
These Regulations may be cited as the Pensions Increase (Civil Service Supplementary (Earnings Cap) Pension Scheme 1994) Regulations 1995, and shall come into force on 25th July 1995.
Interpretation
2
1
In these Regulations —
“the 1971 Act ” means the Pensions (Increase) Act 1971;
“pension” means a pension within the meaning of the 1971 Act;
“ the scheme ” means the Civil Service Supplementary (Earnings Cap) Pension Scheme 1994.
2
For the purposes of these Regulations the time when a pension “begins” is that stated in section 8(2) of the 1971 Act .
Pensions to which the 1971 Act will apply
3
The 1971 Act shall have effect in relation to any pensions payable under the scheme (being a scheme made under section 1 of the Superannuation Act 1972 ) as if they were pensions specified in Part I of Schedule 2 to the 1971 Act.
Date from which increases of pension are to have effect
4
Any increase of pension payable by virtue of these Regulations shall have effect in respect of any pension beginning on or after 2nd March 1992.
Andrew Mitchell
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd July 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gwynedd Hospitals National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 1st April 1995.
2
In this Order:
“the Authority” means the Gwynedd Health Authority;
“the Trust” means the Gwynedd 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 31st March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 1st April 1995 the trust property shall be transferred from the Authority to the Trust.
John Redwood
Secretary of State for Wales
1st March 1995


text:
Citation and commencement
1
This Order may be cited as the Cumbria Ambulance Service National Health Service Trust (Establishment) Amendment Order 1995 and shall come into force on 26th January 1995.
Amendment of NHS Trust Establishment Order
2
In Article 4 of the Cumbria Ambulance Service National Health Service Trust (Establishment) Order 1992 for “5 non–executive” there shall be substituted “4 non– executive” and for “5 executive” there shall be substituted “4 executive”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
16th January 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Trafford Healthcare National Health Service Trust (Transfer of Trust Property) (No. 2) Order 1995 and shall come into force on 22nd November 1995.
2
In this Order —
“the Authority” means the Manchester Health Authority;
“the Trust” means the Trafford Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 20th September 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 22nd November 1995 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
24th October 1995


text:
1
1
This Order may be cited as the Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) (Amendment) Order 1995.
2
This Order shall come into force on 14th March 1995.
2
1
The Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1994 shall be amended in accordance with paragraphs (2) and (3) below.
2
In article 4(2) (which provides that the commencement of section 4C of the Police Act 1964 shall not apply in respect of the financial year ending on 31st March 1994) for the words “March 1994” there shall be substituted the words “March 1995”.
3
In article 11(4) (which provides for the calculation of an increase in loan debt in specified financial years by reference to the issue of certain supplementary credit approvals) —
a
before the word “issued” there shall be inserted “used by the council and”;
b
in sub-paragraph (a), for the words “the council” there shall be substituted “a local authority”;
c
after the words “ceiling of the” there shall be inserted “relevant”, and
d
for the words “such functions” there shall be substituted “its police authority functions”.
David Maclean
Minister of State Home Office
1st February 1995


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Redbridge) (Amendment) Order 1995 and shall come into force on 31st March 1995.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
“the excluded areas” means the areas in the London borough of Redbridge referred to in the Schedule to this Order; and
“the principal order ” means the Road Traffic (Special Parking Area) (London Borough of Redbridge) Order 1994 .
Exclusions from special parking area
3
1
The excluded areas shall cease to form part of the special parking area designated by article 3(1) of the principal order.
2
The modifications of the 1984 and 1991 Acts contained in articles 4 and 5 of the principal order shall cease to have effect in relation to the excluded areas.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
8th March 1995


text:
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 1995 and shall come into force on the 1st July 1995.
2
1
Regulation 6 of the Motor Vehicles (Tests) Regulations 1981 shall be amended as follows.
2
In paragraph (1), for sub-paragraph (vii) there shall be substituted the following sub-paragraph —
vii
a vehicle to which paragraph (1A) for the time being applies.
3
After paragraph (1), there shall be inserted the following paragraph —
1A
This paragraph applies to a vehicle at a time when it is being used on a public road during any calendar week if —
a
it is being used only in passing from land in the occupation of the person keeping the vehicle to other land in his occupation, and
b
it has not been used on public roads for distances exceeding an aggregate of six miles in that calendar week,
and for the purposes of this paragraph “public road” has the meaning given in section 62(1) the Vehicle Excise and Registration Act 1994 .
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State
Department of Transport
8th June 1995


text:
1
This Order may be cited as the Income and Corporation Taxes Act 1988, section 737A, (Appointed Day) Order 1995.
2
The day appointed for the purposes of section 737A of the Income and Corporation Taxes Act 1988 in relation to agreements to sell United Kingdom equities and United Kingdom securities entered into on or after that day is the day on which the Finance Act 1995 is passed.
Derek Conway
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
5th April 1995


text:
Citation and commencement
1
This Order may be cited as the Health Service Commissioner (Family Health Services Appeal Authority) Order 1995 and shall come into force on 17th April 1995.
Designation as body subject to investigation
2
The Family Health Services Appeal Authority is hereby designated as a Special Health Authority to which section 2 of the Health Service Commissioners Act 1993 (health service bodies subject to investigation by the Health Service Commissioner) applies.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hinchingbrooke Health Care National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 15th January 1996.
2
In this Order —
“the first Trust” means the Papworth Hospital National Health Service Trust;
“the second Trust” means the Hinchingbrooke Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the first Trust and the second Trust on 1st November 1995, which schedule has been signed on behalf of both the first Trust and the second Trust.
Transfer of trust property
2
On 15th January 1996 the trust property shall be transferred from the first Trust to the second Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
14th December 1995


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Incidental Expenses) Regulations 1995 and shall come into force on 25th August 1995.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
Interpretation
2
1
In these Regulations any reference to the principal Regulations is a reference to the Education (Assisted Places) Regulations 1995 .
2
Regulation 2 of the principal Regulations shall apply for the purposes of the interpretation of these Regulations as it applies for the purposes of the interpretation of the principal Regulations.
PART II
UNIFORM GRANT
Payment of uniform grant
3
1
In this regulation “clothing expenditure” means expenditure which the school are satisfied —
a
has been incurred by the pupil’s parents, or
b
is about to be incurred by them but which they cannot, without financial hardship, incur in advance of the payment of grant,
on items of uniform and other clothing (including sports clothing) to be worn by an assisted pupil either at school or for the purposes of school activities.
2
A school shall, in each school year, in the circumstances mentioned in paragraphs (3) and (5), pay a grant (“uniform grant”) to the parents of a pupil holding an assisted place at the school in respect of the parents' clothing expenditure.
3
The school shall pay uniform grant to the parents in the case of an assisted pupil —
i
who is in his first year at a school as an assisted pupil, and
ii
as regards whom the relevant income does not exceed £10,713,
of an amount equal to so much of the parents' clothing expenditure as does not exceed —
a
£164, where the relevant income does not exceed £9,406;
b
£123, where that income exceeds £9,406 but does not exceed £9,844;
c
£80, where that income exceeds £9,844, but does not exceed £10,266;
d
£41, where that income exceeds £10,266 but does not exceed £10,713.
4
Any uniform grant which would be payable pursuant to paragraph (3) in respect of an assisted pupil’s first year at the school may be paid during the period commencing on 25th August 1995 and ending when that school year begins.
5
Except where paragraph (3) applies, a school shall pay uniform grant in the case of an assisted pupil as regards whom the relevant income does not exceed £10,266 and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed —
a
£61, where the relevant income does not exceed £9,572;
b
£32, where that income exceeds £9,572 but does not exceed £10,266.
PART III
TRAVEL GRANTS
School travel expenditure qualifying for grants
4
In this Part, “school travel expenditure” means, subject to regulations 6 to 9, the aggregate expenses incurred by or on behalf of a pupil holding an assisted place at a school in respect of his journeys to and from the school —
a
by public transport, that is to say, by train, bus, boat, hovercraft or air services available to the public;
b
by transport provided pursuant to arrangements which, at the request of the school, are for the time being approved by the Secretary of State; or
c
by transport provided by a local education authority.
Amount and payment of travel grant
5
1
The amount of grant payable by schools pursuant to any of regulations 6 to 9 (“travel grant”) shall be determined in accordance with paragraph (2) and may be paid on account in accordance with paragraph (3).
2
The amount, if any, of travel grant for a school year payable in the case of an assisted pupil shall, subject to regulations 6 to 9, be determined as follows by reference to the school travel expenditure for that year in relation to which it is paid and the relevant income as regards the pupil:
a
where the relevant income does not exceed £9,585, travel grant shall be of an amount equal to that of the school travel expenditure to which it relates; and
b
in any other case travel grant shall be of the amount, if any, by which the school travel expenditure to which it relates exceeds an amount (rounded down to the nearest multiple of £3) equal to one-twelfth of that part of the relevant income which exceeds £9,406.
3
A school may, in the course of or immediately before a school year, make payments on account of travel grant which, it appears to them, will be payable for that year; but where payments on account are made, within three months of the final determination of the amount (if any) of the grant, any over-payment or under-payment of grant for the year in question shall be adjusted by payments between the parents and the school.
Travel grant — boarding pupils
6
1
This regulation applies in the case of an assisted pupil who is a boarder at a school (other than a weekly boarder).
2
Subject to paragraph (3), the school shall, in respect of each school year, pay travel grant to the parents of an assisted pupil attending the school in relation to school travel expenditure reasonably incurred in relation to journeys made by the pupil in that year to or from his home or to visit a parent or guardian or other relative.
3
The school shall not pay travel grant in respect of more than 12 single journeys by an assisted pupil, either to or from the school, in any school year, and in calculating the school travel expenditure:
a
where a pupil’s expenses are in respect of journeys made by public transport and exceed the expenses that would have been incurred if advantage had been taken of available arrangements for reduced or concessionary fares, the excess shall be disregarded;
b
where a pupil’s expenses are in respect of journeys by air and exceed the expenses that would have been incurred if advantage had been taken of —
i
available train, boat or hovercraft services, and
ii
any available arrangements for reduced or concessionary fares in relation to such services,
the excess shall be disregarded;
c
where the pupil visits a place other than the pupil’s home (that is to say the place where the pupil normally resides when not at school), and his expenses exceed the amount which they would have been if the visit had been to his home, the excess shall be disregarded;
d
where a visit is to a place outside the British Islands, so much of the expenses as are in respect of a journey between a port, hoverport, airport or Channel Tunnel terminal within the British Islands and that place shall be disregarded.
4
In paragraph (3)(d) “Channel Tunnel terminal” means any place where an assisted pupil boards a train or bus which goes through the Channel Tunnel.
Travel grant — weekly boarding pupils
7
1
This regulation applies in the case of an assisted pupil who is a weekly boarder at a school.
2
Subject to paragraph (3), where an assisted pupil’s walking distance between home and school exceeds 4.8 kilometres, the school shall, in respect of each school year, pay travel grant to the parents of the pupil in relation to school travel expenditure reasonably incurred in respect of journeys made by the pupil between home and school in that year.
3
In calculating the school travel expenditure,
a
where a pupil’s expenses are in respect of journeys in excess of 80 kilometres each way by such transport as is mentioned in regulation 4, the school shall take into account only the following proportion of the expenses, that is the proportion that 80 kilometres bears to the length in kilometres of the journey in question; and
b
where a pupil’s expenses are in respect of journeys by public transport and exceed the expenses that would have been incurred if advantage had been taken of available arrangements for seasons tickets or reduced or concessionary fares, the excess shall be disregarded.
Travel grant — day pupils
8
1
This regulation applies in the case of an assisted pupil who is a day pupil at a school.
2
Subject to paragraph (3), where an assisted pupil’s walking distance between home and school exceeds 4.8 kilometres the school shall, in respect of each school year, pay travel grant to the parents of the pupil in relation to school travel expenditure reasonably incurred in respect of journeys made by the pupil between home and school in that year.
3
In calculating the school travel expenditure,
a
where a pupil’s expenses are in respect of journeys in excess of 40 kilometres each way by such transport as is mentioned in regulation 4 the school shall take into account only the following proportion of the expenses, that is the proportion that 40 kilometres bears to the length in kilometres of the journey in question; and
b
where a pupil’s expenses are in respect of journeys by public transport and exceed the expenses that would have been incurred if advantage had been taken of available arrangements for season tickets or reduced or concessionary fares, the excess shall be disregarded.
Travel grant — visits to universities etc.
9
1
Subject to paragraph (2), the school shall pay travel grant to the parents of an assisted pupil in respect of school travel expenditure reasonably incurred in relation to journeys made by the pupil in the school year within the British Islands for the purpose of visiting an institution of higher or further education at the invitation of the institution with a view to being admitted there for the purposes of further or higher education.
2
A school shall not pay grant in respect of more than three such journeys from the school or from the pupil’s home to such an institution and three journeys from an institution to the school or to the pupil’s home in any school year.
PART IV
SCHOOL MEALS
Remission of charges for school meals
10
Where the parents of an assisted pupil who is a day pupil satisfy the school at any time during a school year, or the month preceding the beginning of a school year, that they are in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 the school shall remit the whole of any charges which they would otherwise make for meals provided for that pupil —
a
for the whole of that school year, where they are so satisfied at or before the beginning of that year, or
b
for the remainder of the school year, where they are so satisfied in the course of that year,
irrespective of whether the parents may subsequently cease to be in receipt of income support.
PART V
FIELD STUDY COURSES
Remission of charges for field study courses
11
1
In this regulation a field study course means a course of field study (provided by the school or otherwise) which forms part of a normal course of study at a school for the examinations for the General Certificate of Secondary Education, the advanced level examinations for the General Certificate of Education or other examinations comparable to any of them, being examinations in —
a
biology,
b
botany,
c
geography,
d
geology,
e
zoology, or
f
any other subject approved for the purposes of this regulation by the Secretary of State,
and a reference to a relevant examination shall be construed accordingly.
2
A school shall remit the whole of any charges they would otherwise make in respect of the participation in a field study course of an assisted pupil if —
a
he is a candidate or a prospective candidate for a relevant examination, and
b
his parents are entitled, under regulation 15 of the principal Regulations, to remission of fees, in whole or in part, for the school year in which the course is held.
PART VI
GENERAL PROVISIONS RELATING TO GRANTS AND REMISSION OF CHARGES
Determination of grant entitlement under Parts II and III
12
1
Paragraph (2) shall have effect for the purposes of determining questions as to whether or not the parents of an assisted pupil are entitled in or for any school year to any —
a
uniform grant under Part II, or
b
travel grant under Part III,
and, if they are so entitled, the amount thereof.
2
Regulations 10, 11, 12(2) to (7), 13(1) and 14 of the principal Regulations and Schedule 1 thereto shall apply for the purposes of these Regulations as if any reference therein —
a
to the remission of fees, were a reference to the grants mentioned in paragraph (1), and
b
to remission questions were a reference to the questions so mentioned.
Restriction on payment of grants and remission of charges
13
1
Where a pupil attended a school before he took up an assisted place there then, in pursuance of these Regulations —
a
save as provided in regulation 5(3), no grants shall be paid to his parents in respect of expenditure incurred before the date on which he took up his assisted place; and
b
no charges shall be remitted in respect of a period before that date.
2
The parents of an assisted pupil shall not be entitled to —
a
any grants in respect of expenditure incurred, or relating to a period, after he has left the school or, if he remains at the school, after the end of the school year in which he attains the age of 20 years, or
b
any remission of charges for which they are liable (in lieu of notice or otherwise) in respect of such a period.
PART VII
REIMBURSEMENT AND ADMINISTRATIVE ARRANGEMENTS
Reimbursement of schools
14
1
The Secretary of State shall reimburse a school the aggregate amount of all grants made and charges remitted in pursuance of these Regulations or Regulations revoked by regulation 16(1).
2
Regulation 17 of the principal Regulations (reimbursement claims) shall apply for the purposes of these Regulations as if any reference therein to fees remitted were a reference to grants made and charges remitted in pursuance of these Regulations.
Time limits and forms
15
The Secretary of State may specify for the purposes of these Regulations the time by which, and the manner and form in which the parents of an assisted pupil are —
a
to apply to a school for payment of grant or remission of charges, and
b
to furnish a school with the information requisite for determining whether they are entitled to any payment of grant or remission of fees.
PART VIII
REVOCATION AND TRANSITIONAL PROVISIONS
Revocation and transitional provisions
16
1
The Regulations specified in the Schedule (“the old Regulations”) are hereby revoked.
2
The old Regulations shall continue to apply for the purposes of the reimbursement of grants made or charges remitted in accordance with the old Regulations.


text:
Citation
1
This Order may be cited as the Environmental Protection Act 1990 (Commencement No. 17) Order 1995.
Provisions coming into force on 11th August 1995
2
Section 62 of the Environmental Protection Act 1990 shall come into force on 11th August 1995.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
10th August 1995


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Employments) (Amendment No. 4) Regulations 1995 and shall come into force on 6th April 1996.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Employments) Regulations 1993 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 39(1), after the word “shall” there shall be inserted the words “, not later than 56 days after the end of the year,”.
4
For regulation 46 there shall be substituted —
Return of other additional emoluments
46
1
Subject to paragraph (7), the employer shall render a return or returns to the inspector or other officer of the Board, not later than 92 days after the end of the year, in such form as the Board may prescribe or approve, containing in respect of each employee —
a
the particulars specified in paragraph (2);
b
in the case of an employee who is employed in employment to which Chapter II of Part V of the Taxes Act applies, the additional particulars specified in paragraph (3);
c
in the case of emoluments relating to business entertainment within the meaning of section 577(5) of the Taxes Act, the additional particulars specified in paragraph (4);
d
in the case of benefits provided for the employee such as give rise to any charge to tax under sections 141 , 142 , 143 , 144A , 145, 146 and 154 to 165 of the Taxes Act (in this regulation referred to as “the relevant sections”), the additional particulars specified in paragraph (5).
2
The particulars specified in this paragraph are —
a
except as regards any emoluments falling within sub-paragraph (b) of this paragraph, particulars of —
i
any emoluments which the employee receives from the employer or the relevant person otherwise than in money;
ii
any payments made on behalf of the employee and not repaid;
iii
any emoluments which the employee is treated by section 141(1) of the Taxes Act as having received in that year by reason of the provision of a non-cash voucher by the employer or the relevant person;
iv
any emoluments which the employee is treated by section 142(1) of the Taxes Act as having received in that year by reason of the provision of a credit-token by the employer or the relevant person;
v
the amount of income tax in respect of any notional payment where that amount is treated by section 144A of the Taxes Act as income of the employee arising in that year;
vi
any living accommodation which has been provided for the employee or for members of his family or household by the employer or the relevant person, and particulars of the amount of any emoluments of which the employee is treated by virtue of section 145 or 146 of the Taxes Act, or by virtue of those sections together, as being in receipt in respect of that accommodation;
b
particulars of any emoluments consisting of the amount by which the total value to the employee found under paragraph 24(2) of Schedule 11A to the Taxes Act exceeds the qualifying limit for the time being specified in paragraph 24(9) of that Schedule and having effect in relation to that employee.
3
The particulars specified in this paragraph are —
a
except as regards any emoluments falling within paragraph (2)(b), particulars of —
i
any payments made by the employer or the relevant person to the employee by reason of his employment in respect of expenses;
ii
any sums put by the employer or the relevant person at the disposal of the employee by reason of his employment and paid away by him;
b
particulars of any benefits provided by the employer or the relevant person for the employee (or for any other person) by reason of his employment such as give rise to any charge to tax under sections 154 to 165 of the Taxes Act, not being benefits which constitute emoluments within paragraph (2)(b).
4
The particulars specified in this paragraph are particulars showing whether the amount of the emoluments has been or will be disallowed as a deduction or inclusion as mentioned in section 577(1)(a) of the Taxes Act in any tax computation relating to the trade, business, profession or vocation of the employer.
5
The particulars specified in this paragraph are particulars of the amounts which may be chargeable to tax by virtue of the relevant sections.
6
In determining for the purposes of paragraph (5) the amounts which may be chargeable to tax by virtue of the relevant sections, the employer —
a
shall not make —
i
any deduction or other adjustment which he is unable to show, by reference to information in his possession or otherwise available to him, is authorised or required by the relevant sections; or
ii
any deduction authorised by sections 141(3), 142(2), 145(3) or 156(8) of the Taxes Act; but
b
subject to that, shall make all such deductions and other adjustments as may be authorised or required by the relevant sections.
7
The employer shall not be required to include in a return under paragraph (1) particulars of —
a
payments falling within paragraph 1(1)(a) or (b) of Schedule 11A to the Taxes Act, or benefits falling within paragraph 1(1)(c) of that Schedule, where the total value to the employee found under paragraph 24(2) of that Schedule does not exceed the qualifying limit for the time being specified in paragraph 24(9) of that Schedule and having effect in relation to that employee; or
b
notional payments treated as made by virtue of any of sections 203F to 203H of the Taxes Act in respect of which the employer is under an obligation to deduct or, as the case may be, account for income tax in accordance with section 203J(1) or (3) of that Act .
8
In paragraphs (2) and (3) references to the “the relevant person” are references to any person making payments or providing benefits to an employee as mentioned in those paragraphs where the making or provision of the payments or benefits by that person has been arranged by the employer; and in this paragraph “arranged” includes guaranteed and in any way facilitated.
Other additional emoluments — information to be provided to employee by employer
46AA
1
Not later than 92 days after the end of the year, the employer shall give the statement specified in paragraph (4) to every current employee in respect of whom a return under regulation 46(1) falls to be rendered by him for that year, or in respect of whom information is furnished by him to the inspector or other officer of the Board under the FPCS arrangement for that year.
2
Where a person who was a current employee ceases to be an employee at any time within 92 days of the end of the year, the statement to be given by the employer to that person pursuant to paragraph (1) shall be duly given if it is sent or delivered to, or left at, that person’s usual or last known address.
3
If a former employee in respect of whom a return under regulation 46(1) falls to be rendered by the employer for a year, or in respect of whom information is furnished to the inspector or other officer of the Board by the employer under the FPCS arrangement for a year, so requires by notice to the employer at any time up to three years after the end of the year, the employer shall give the statement specified in paragraph (4) to that former employee within 92 days of the end of the year or within 30 days of receiving the requirement, whichever is the later.
4
The statement specified in this paragraph shall contain —
a
the particulars specified in paragraphs (2) to (5) of regulation 46 in so far as those particulars relate to the employee; and
b
where information is furnished under the FPCS arrangement in respect of the employee, particulars of either —
i
the amount of the taxable profit, if any, for that year in respect of car allowances and motor mileage allowances paid to the employee in that year for business travel, calculated by reference to the FPCS arrangement; or
ii
the total amount of the car allowances and motor mileage allowances paid to the employee in that year for business travel, and the total amount of miles covered by the employee in that year in the course of business travel for which the motor mileage allowances were paid.
5
A former employee who has received a statement from the employer under paragraph (3) in respect of a year may not require a further statement from the employer under that paragraph in respect of the same year.
6
In this regulation —
“business travel” has the meaning given by section 168(5)(c) of the Taxes Act;
“current employee” means a person who was an employee on the 5th April in the year to which the return under regulation 46(1) relates;
“former employee” means a person who was an employee during a part of the year to which the return under regulation 46(1) relates but who was no longer an employee on the 5th April in that year;
“the FPCS arrangement” means the arrangement known as the Fixed Profit Car Scheme made between the employer and the inspector or other officer of the Board for furnishing information in respect of payments of car allowances and motor mileage allowances made to employees for business travel.
Other additional emoluments — information to be provided to employee by other persons
46AB
1
This regulation applies where —
a
a person (in this regulation referred to as “the relevant person”) has, in any year, made any relevant payments to or on behalf of, or provided any relevant benefits to or in respect of, an employee of another, and
b
the employer is not required to provide particulars of those payments or benefits in a return under regulation 46(1).
2
The relevant person shall give the statement specified in paragraph (3) to the employee not later than 92 days after the end of the year.
3
The statement specified in this paragraph is a statement containing such of the particulars specified in paragraphs (2), (3) and (5) of regulation 46 as relate to the relevant payments or relevant benefits.
4
In this regulation —
“relevant benefits” means any benefits particulars of which, if the relevant person had been the employer of the employee in question, would have been required to be provided in a return under regulation 46(1);
“relevant payments” means any payments particulars of which, if the relevant person had been the employer of the employee in question, would have been required to be provided in a return under regulation 46(1).
A. M. W. Battishill
C. W. Corlett
Two of the Commissioners of Inland Revenue
12th May 1995


text:
Title and commencement
1
This order may be cited as the Agricultural Wages Committees (Areas) (England) Order 1995 and shall come into force on 1st January 1996.
Establishment of new agricultural wages committees
2
Instead of the agricultural wages committees for each of the counties set out in Part I of the Schedule to this Order and for the combination of counties set out in Part II of that Schedule, there shall be established an agricultural wages committee for each of the combinations set out in Part III of that Schedule.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
6th December 1995


text:
PART PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Humberside (Structural Change) Order 1995 and shall come into force for the purposes of articles 3, 6 to 8, 10, 12(2) and (3), and 16 to 19 inclusive on the day after the day on which it is made and for all other purposes on 1st April 1996.
Interpretation
2
In this Order
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“existing”, in relation to an area, means that area as it exists on the date this Order is made;
“Humberside” means the non-metropolitan county of Humberside, and the County Council means the council of that county;
“ Humberside district ” means a district in Humberside and Humberside district council means a council of such a district;
“the preliminary period” means the period beginning with 8th May 1995 and ending immediately before the reorganisation date;
“old electoral division” means an electoral division of Humberside established by the County of Humberside (Electoral Arrangements) Order 1981 ;
“the 1994 Regulations ” means the Local Government Changes for England Regulations 1994 ;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1996; subordinate legislation has the same meaning as in section 21 of the Interpretation Act 1978 ;
“the transferee authorities” means the district councils for the East Riding of Yorkshire, the City of Kingston upon Hull, North Lincolnshire and North East Lincolnshire; and
“the transferor authorities” means Humberside County Council, Beverley Borough Council, Boothferry Borough Council, Cleethorpes Borough Council, East Yorkshire Borough Council, Glanford Borough Council, Great Grimsby Borough Council, Holderness Borough Council and Scunthorpe Borough Council.
PART II
THE CITY OF KINGSTON UPON HULL AND NEW DISTRICTS OF THE EAST RIDING OF YORKSHIRE, NORTH LINCOLNSHIRE AND NORTH EAST LINCOLNSHIRE
Constitution of new districts of the East Riding of Yorkshire, North Lincolnshire and North East Lincolnshire
3
1
A new district of the East Riding of Yorkshire shall be constituted and shall comprise the existing Humberside district areas of Beverley, East Yorkshire, and Holderness, and the areas of parishes which form part of the existing Humberside district of Boothferry and are listed in paragraph 1 of Schedule 1 to this Order.
2
A new district of North Lincolnshire shall be constituted and shall comprise the existing Humberside district areas of Glanford and Scunthorpe, and the areas of parishes which form part of the existing Humberside district of Boothferry and are listed in paragraph 2 of Schedule 1 to this Order.
3
A new district of North East Lincolnshire shall be constituted nd shall comprise the existing Humberside district areas of Great Grimsby and Cleethorpes.
4
Subject to article 16, there shall be new non-metropolitan district councils for the East Riding of Yorkshire, North Lincolnshire and North East Lincolnshire, which shall be the transferee authorities for those districts, or part of districts, as provided for in this article.
Existing local government areas
4
1
The existing county of Humberside and the existing Humberside districts of Beverley, Boothferry, Cleethorpes, East Yorkshire, Glanford, Great Grimsby, Holderness and Scunthorpe shall be abolished.
2
The County Council, Beverley Borough Council, Boothferry Borough Council, Cleethorpes Borough Council, East Yorkshire Borough Council, Glanford Borough Council, Great Grimsby Borough Council, Holderness Borough Council and Scunthorpe Borough Council shall be wound up and dissolved.
PART PART III
NEW COUNTIES
Constitution of new counties
5
1
New counties of the City of Kingston upon Hull, North Lincolnshire, North East Lincolnshire and the East Riding of Yorkshire shall be constituted and shall comprise the district areas of the City of Kingston upon Hull, North Lincolnshire, North East Lincolnshire and the East Riding of Yorkshire respectively.
2
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the counties of the City of Kingston upon Hull, North Lincolnshire, North East Lincolnshire and the East Riding of Yorkshire.
PART IV
ELECTORAL ARRANGEMENTS
Elections for Kingston upon Hull
6
The City of Kingston upon Hull (Electoral Arrangements) Order 1979 shall be amended by the substitution of the following article for article 9
9
1
The whole number of councillors shall be elected at the ordinary elections of councillors in 1995.
2
The councillors holding office for any ward of the city immediately before 8th May 1995 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
3
Of the councillors elected at the ordinary election of councillors in 1995 for any ward of the city
a
one-third shall retire in 1997 being, subject to paragraphs (4) and (5) below, the councillor elected by the smallest number of votes;
b
one-third shall retire in 1998 being, subject as aforesaid, the councillor elected by the next smallest number of votes;
c
the remaining third shall retire in 1999.
4
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
5
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
6
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
7
The term of office of councillors elected in 1997 shall be three years.
8
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary day of election of councillors for the city in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.
Elections in the East Riding of Yorkshire, North East Lincolnshire and North Lincolnshire
7
1
The ordinary election of councillors of the district councils of the East Riding of Yorkshire, North East Lincolnshire and North Lincolnshire shall be held in 1995 and in every fourth year thereafter.
2
The East Riding of Yorkshire shall be represented by 67 councillors and divided into 26 wards as set out in Schedule 2 to this Order.
3
North Lincolnshire shall be represented by 42 councillors and divided into 15 wards as set out in Schedule 3 to this Order.
4
North East Lincolnshire shall be represented by 42 councillors and divided into 14 wards as set out in Schedule 4 to this Order.
5
The term of office of such councillors shall be four years and all councillors shall retire on the fourth day after the day of the ordinary election of councillors in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.
6
At the ordinary election in 1995
a
the returning officer for the election to the district council of the East Riding of Yorkshire shall be the returning officer appointed by Beverley Borough Council for the existing district of Beverley;
b
the returning officer for the election to the district council of North East Lincolnshire shall be the returning officer appointed by Great Grimsby Borough Council for the existing district of Great Grimsby; and
c
the returning officer for the election to the district council of North Lincolnshire shall be the returning officer appointed by Glanford Borough Council for the existing district of Glanford.
7
Section 36(4) of the Representation of the People Act 1983 (payment of election expenses) shall not apply to that election.
8
All expenditure properly incurred by the returning officer in relation to the holding of the election to the East Riding of Yorkshire District Council shall be paid by the councils of the districts of Beverley, Boothferry, East Yorkshire and Holderness in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State.
9
All expenditure properly incurred by the returning officer in relation to the holding of the election to North Lincolnshire District Council shall be paid by the councils of the districts of Boothferry, Glanford and Scunthorpe in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State.
10
All expenditure properly incurred by the returning officer in relation to the holding of the election to North East Lincolnshire District Council shall be paid by the councils of the districts of Great Grimsby and Cleethorpes in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State.
11
In relation to those elections, “the appropriate officer”, in Parts II and III of the 1983 Act does not have the meaning given by section 67(7) of that Act but means the returning officer for that election.
Suspension of elections and retirement of councillors
8
1
The ordinary election of councillors in 1995 to the transferor authorities shall be cancelled.
2
Any councillor of a transferor authority holding office immediately before 8th May 1995 who would, but for the provisions of this Order, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.
3
where a vacancy for a councillor of a transferor authority occurs within the six months before the reorganisation date, an election shall not be held unless on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the transferor authority exceeds one third of the whole number of members.
PART V
LOCAL GOVERNMENT REORGANISATION IN HUMBERSIDE
Structural change
9
The functions of the County Council in relation to each Humberside district shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the transferee authority or, where there is more than one, the transferee authorities, for that district.
Humberside police authority
10
1
In this article, “the 1964 Act”means the Police Act 1964 .
2
For the purposes of the functions to which this article applies
a
paragraph 27(1) of Schedule 1B to the 1964 Act (meaning of “relevant council”) shall have effect as though articles 4 and 5 were in force on 1st October 1995, and
b
accordingly, the appointments which are required to be made to the Humberside Police Authority (as established under section 3 of the 1964 Act) (“the Authority”) by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the transferee authorities (as relevant councils) in accordancewith that provision.
3
The functions to which this article applies are
a
on and after the reorganisation date, all functions of the Authority; and
b
before that date (but on and after 1st October 1995), the following functions of the Authority in respect of the financial year beginning on 1st April 1996
i
functions under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) , and
ii
functions under section 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act .
4
For the purposes of the functions referred to in paragraph (3)(b) above
a
section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions about precepts) shall have effect as thoughthe reference to the members of the police authority appointed under paragraph 2 of Schedule 1B to the 1964 Act was a reference to the members so appointed by virtue of paragraph (2) above; and
b
the members of the Authority appointed under paragraph 2 of that Schedule otherwise than by virtue of paragraph (2) above shall not participate in the discharge of those functions.
5
In determining the period of a term of years for the purposes of paragraph 17 of Schedule 1B to the 1964 Act (term of appointment of members of a police authority), any periods as a member of the Authority prior to the reorganisation date under an appointment made by virtue of paragraph (2) shall be disregarded.
Amendment of Schedule 1A to the Police Act 1964
11
Schedule 1A to the Police Act 1964 shall be amended by substituting for the words “The county of Humberside”in the right-hand column opposite the name of the Humberside police area the words “The non-metropolitan districts of the East Riding of Yorkshire, Kingston upon Hull, North East Lincolnshire and North Lincolnshire.”
Fire Services
12
1
The area of each transferee authority shall, subject to any combination scheme under the Fire Services Act 1947 (“the 1947 ct ”) become the area of a fire authority for the purposes of that Act.
2
For the purposes of the making of a combination scheme with respect to the areas of the transferee authorities before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to the transferee authorities, as if
a
in paragraph (a) and (d) of that subsection, for “the onstituent authorities”wherever those words occur, there were substituted “the council of the county of Humberside”; and
b
in paragraphs (e) and (f) of the subsection, for “any of the constituent authorities”there were substituted “the council of the county of Humberside”.
3
Section 10 of the 1947 Act shall have effect, in relation to the transferee authorities, as if after the word “but”there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the Scheme into full operation on that date,”.
Planning Functions
13
1
The structure plans applying immediately prior to the reorganisation date to each of the following areas:
a
the district of the East Riding of Yorkshire; and
b
the City of Kingston upon Hull;
and any proposals prepared before that date for the alteration or replacement of any of those plans shall be treated as if they had been prepared jointly by the councils for those areas, and section 50 of the Town and Country Planning Act 1990 shall apply accordingly.
2
The structure plans applying immediately prior to the reorganisation date to each of the following areas:
a
the county of Lincolnshire;
b
the district of North Lincolnshire; and
c
the district of North East Lincolnshire–
and any proposals prepared before that date for the alteration or replacement of any of those plans shall be treated as if they had been prepared jointly by the councils for those areas, and section 50 of the Town and Country Planning Act 1990 shall apply accordingly.
3
In relation to a transferee authority
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plan) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following–
or
c
include their waste policies in their local plan
.
Superannuation fund
14
The Superannuation fund maintained by the County Council under the Local Government Superannuation Regulations 1986 together with all rights and liabilities in respect of the fund shall vest in the council of the district of the East Riding of Yorkshire.
Designated authority
15
The council of the district of East Riding of Yorkshire is specified as the designated authority for the purposes of the Local Government Changes for England (Finance) Regulations 1994 .
PART VI
TRANSITIONAL AND CONSEQUENTIAL PROVISION
Shadow authorities
16
During the preliminary period
a
The East Riding of Yorkshire District Council, the North East Lincolnshire District Council and North Lincolnshire District Council shall not be local authorities for the purposes of the 1972 Act, and section 2(2) of that Act shall have effect as if the words from “and the council”to the end of that subsection were omitted; and
b
those councils shall be shadow authorities for the purposes of the 1994 Regulations .
Co-operation and information
17
1
The relevant authorities and their officers shall co-operate with each other, and generally exercise their functions, so as to facilitate the implementation of this Order and any other relevant provision.
2
The transferor authorities shall furnish any other relevant authority with all such information relating to the transferor authorities or their functions as that authority may reasonably request for the purpose of implementing this Order or any other relevant provision.
3
In this article, “relevant authority”means a transferor authority, a transferee authority and any other body to which functions of the County Council will be transferred by virtue of any relevant provision.
Preparations for transfer of functions
18
1
Subject to paragraph (2) below, the transferee authorities may take such steps as appear to them to be necessary for the purpose of preparing for the transfer and exercise of functions which will, on and after the reorganisation date, be exercisable by them by virtue of this Order or any other relevant provision.
2
During the preliminary period, each transferee authority:
a
shall, in relation to the functions referred to in paragraph (1) above, make such arrangements for organisation and management and such appointments of officers as are necessary to secure the proper performance of those functions on and after the reorganisation date;
b
shall, at meeting of the council, consider a report by the head of their paid service as to whether any such functions could with advantage be discharged by one of the transferee authorities, or jointly by two or more of those authorities, in pursuance of arrangements made under section 101 of the 1972 Act (arrangements for discharge of functions) or under any other enactment; and
c
if of that opinion, shall promote the making of such arrangements.
3
In paragraph (2) above, the reference to the head of a council’s paid service is a reference to the officer designated as such under section 4(1) of the Local Government and Housing Act 1989 ; and nothing in section 101 of the 1972 Act shall apply to the duty imposed by virtue of sub-paragraph (b) of that paragraph.
Activities preliminary to the exercise of functions
19
Where, during the preliminary period, a transferor authority is required by virtue of any enactment to prepare any budgets or plans, or to consult any person, for purposes connected with the exercise, on and after the reorganisation date, of any functions in relation to any part of the areas of the transferee authorities which, on and after that date, are exercisable by the transferee authorities, the requirement in question shall, subject to any other relevant provision, cease to have effect during that period in relation to that authority, and any such requirement shall instead have effect, during that period and for those purposes, in relation to the transferee authorities.
Signed by authority of the Secretary of State.
Robert Jones
Parliamentary Under Secretary of State,
Department of the Environment
7th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Kent Healthcare National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 16th August 1995.
2
In this Order —
“the Authority” means the West Kent Health Authority;
“the Trust” means the Mid Kent Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 20th March 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th August 1995 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
19th July 1995