text:
Citation, commencement, interpretation and revocation
1
1
These Regulations may be cited as the Education (Bursaries for Teacher Training) Regulations 1994 and shall come into force on 22nd August 1994.
2
In these Regulations: —
“course of initial teacher training” means a course for the initial training of teachers in schools which has been approved by the Secretary of State under paragraph 2(1)(c) of Schedule 3 to the Teachers Regulations ;
“full-time course” means a course which does not involve less than 700 hours of instruction a year (including any teaching practice which forms part of the course) and “part-time course” means a course involving less than 700 hours of such instruction;
“grant-maintained school” has the meaning assigned to it by sections 22(1) and 221(4) of the Education Act 1993 ;
“grant-maintained special school” has the meaning assigned to it by sections 182(3) and 187(3)(b) of the Education Act 1993;
“holder” means a person in receipt of a training bursary;
“middle school” means a school in respect of which proposals have been implemented, being proposals such as are mentioned in section 1(1) of the Education Act 1964 ;
“qualified teacher” means a qualified teacher under Schedule 3 to the Teachers Regulations;
“Teachers Regulations” means the Education (Teachers) Regulations 1993 ; and
“training bursary” means a grant made in pursuance of these Regulations to a person undergoing training as a teacher.
3
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, any reference to a numbered paragraph is a reference to the paragraph of that regulation bearing that number, any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph and any reference to a Schedule, is to the Schedule to these Regulations.
4
The following Regulations are hereby revoked —
The Education (Bursaries for Teacher Training) Regulations 1988 ;
The Education (Bursaries for Teacher Training) (Amendment) Regulations 1989 ;
The Education (Bursaries for Teacher Training) (Amendment) Regulations 1990 ;
The Education (Bursaries for Teacher Training) (Amendment) Regulations 1991 ;
The Education (Bursaries for Teacher Training) (Amendment) (No. 2) Regulations 1991 ; and
The Education (Bursaries for Teacher Training) (Amendment) Regulations 1993 .
Grants by the Secretary of State
3
The Secretary of State is hereby authorised, subject to and in accordance with these Regulations, to pay training bursaries.
Eligibility for training bursaries
4
1
A training bursary shall not be paid to a person who has previously completed a course of initial teacher training, or to a person who is under a contract of employment with a local education authority.
2
A training bursary shall not be paid to a person unless —
a
he has been accepted for admission to a course which satisfies the criteria set out in paragraphs (b), (c), (d) and (e) of regulation 5; and
b
he satisfies the Secretary of State that he intends, on becoming a qualified teacher, to seek appointment to teach a subject in respect of which he is seeking a training bursary —
i
in a secondary or middle school in England or Wales which is either maintained by a local education authority or is a grant-maintained school; or
ii
in a special school in England or Wales which is so maintained or is a grant-maintained special school.
Courses for which training bursaries are tenable
5
A training bursary shall neither be paid to a person nor be tenable by him except in respect of a course of initial teacher training which —
a
is provided by an establishment in England or Wales named by the Secretary of State when granting the training bursary;
b
is such that the period which the person in question would require for its completion (excluding any period during which he is excused from following the course) would ordinarily not exceed two academic years;
c
is designed to prepare persons to teach one or more of the subjects set out in the Schedule to pupils either of all ages between 11 and 16 or 11 and 18;
d
in the case of a course designed to prepare persons to teach biology or craft, design and technology began before 22nd August 1994; and
e
in the case of a course commencing on or after 1st January 1995, is a full-time course.
Duration of training bursaries
6
1
Subject to paragraphs (2), (3), (4) and (5), a training bursary shall be payable for the period ordinarily required for the completion of the course in respect of which it is granted, excluding any period during which the holder is excused from following the course.
2
If the authorities of the establishment providing the course in respect of which a training bursary is tenable refuse to allow a holder to complete his course, his training bursary shall terminate forthwith.
3
If, by reason of ill health or otherwise, the holder does not, or does not reasonably expect to, complete his course within the period ordinarily required, the Secretary of State may extend the period for which the training bursary is payable.
4
If, after consultation with the authorities of the establishment providing the course in respect of which a training bursary is tenable, the Secretary of State is satisfied that a holder has —
a
abandoned the course in respect of which it is held; or
b
by his conduct shown himself to be unfitted either to hold a training bursary or for employment as a teacher,
he shall terminate the training bursary.
5
If the holder fails to furnish any information reasonably requested by the Secretary of State or, in response to such a request —
a
has furnished information which he knows to be false in a material particular; or
b
has recklessly furnished information which is false in a material particular,
the Secretary of State may terminate the training bursary or suspend it in whole or in part; and, where he has so suspended the training bursary, he may subsequently either restore it from such date as he thinks fit or terminate it.
Amount and payment of training bursaries
7
1
Subject to paragraphs (2), (3), and (4), a training bursary shall be £1,000 a year.
2
In the case of a person who commenced a course before 1st September 1993 —
a
a training bursary shall be £1,500 a year;
b
a person on a course designed to prepare him to teach craft, design and technology in respect of which a training bursary is tenable under regulation 5, shall, in addition to the sums payable under sub-paragraph (a), be paid an equipment allowance of £200; and
c
a person on a course designed to prepare him to teach physics in respect of which a training bursary is tenable under regulation 5, shall, in addition to the sums payable under sub-paragraph (a), be paid an allowance of £500 a year.
3
A training bursary (including any allowance payable under paragraph (2)) may be paid in a lump sum or by instalments in either case at such times as the Secretary of State considers appropriate.
4
A person who attends a part-time course shall receive such proportion of the sums mentioned in paragraph (1) or sub-paragraphs (a) or (c) of paragraph (2) as the number of hours of instruction (including any teaching practice which forms part of the course) in that year bears to 700.
Repayment
8
Where the Secretary of State is satisfied that the holder has been under a contract of employment with a local education authority for the whole or a substantial part of the period of training the holder shall on the request of the Secretary of State repay such sum not exceeding the amounts paid by way of bursary (including any allowance) as the Secretary of State may request.


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Wrexham and East Denbighshire and Chester (Pipelaying and Other Works) (Codes of Practice) Order 1994.
Codes of Practice
2
The Codes of Practice prepared by the Companies and certified as such by the Secretary of State are hereby approved.
Signed by authority of the Secretary of State for Wales
G. C. G. Craig
An Under Secretary in the Welsh Office
25th October 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Exmoor) Designation (Amendment) Order 1994 and shall come into force on 30th April 1994.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Exmoor) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Definitions
4
In article 2 of the principal Order —
1
before the definition of “agreement” there shall be inserted the following definition:
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
;
2
after the definition of “agreement” there shall be inserted the following definition:
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 5 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
after the definition of “permanent grassland” there shall be inserted the following definition:
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
.
Requirements to be included in an agreement
5
After article 4 of the principal Order there shall be inserted the following article:
4A
An agreement may include the requirements as to public access specified in Schedule 1A to this Order.
.
Rates of payment under agreement
6
1
After paragraph (1)
of article 6 of the principal Order there shall be inserted the following paragraph:
1A
Where an agreement includes the requirements as to public access specified in Schedule 1A the Minister shall make payments at a rate of £170 per annum for each hectare of access route.
.
2
For paragraph (4)
of article 6 of the principal Order there shall be substituted the following paragraph:
4
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the aggregate of the operations included in the plan at a rate not exceeding 100 per annum for each hectare of land to which the agreement relates, subject to a maximum of £4,000 for each such plan.
.
Schedules
7
1
After Schedule 1 to the principal Order there shall be inserted the provisions of the Schedule to this Order.
2
After paragraph 6 of Schedule 5 to the principal Order there shall be inserted the following paragraph:
7
The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th March 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
We consent,
Irvine Patnick
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1994


text:
1
This Order may be cited as the A1033 Trunk Road (Hedon Road) (Detrunking) Order 1994 and shall come into force on 2nd September 1994.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the new trunk roads” means the new highways which the Secretary of State proposes to construct referred to in article 2(2)(ii) of the A1033 Trunk Road (Hedon Road Improvement) Order 1994 ;
iii
“the trunk road” means the A1033 Trunk Road;
iv
“the plan” means the plan numbered HA 10/YHCPD 58 marked “The A1033 Trunk Road (Hedon Road) (Detrunking) Order 1994” signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notified the Humberside County Council that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
R. R. Bineham
Deputy Director Yorkshire and Humberside Construction Programme Division
8th August 1994.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Huddersfield Health Care Services National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 24th March 1994.
2
In this Order —
“the Authority” means the West Yorkshire Health Authority;
“the Trust” means the Huddersfield Health Care Services 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 14th December 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 24th March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
2nd March 1994


text:
1
This Order may be cited as the Criminal Justice Act 1991 (Commencement No. 4) Order 1994.
2
Sections 12 and 13 of the Criminal Justice Act 1991 shall come into force on 9th January 1995.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
11th December 1994


text:
1
This Order may be cited as the Public Telecommunication System Designation (Insight Communications Guildford Limited) Order 1994 and shall come into force on 11th May 1994.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
3
The Public Telecommunication System Designation (British Cable Services Limited) Order 1987 is hereby revoked.
Patrick McLoughlin
Parliamentary Under Secretary of State
Department of Trade and Industry
28th March 1994


text:
1
This Order may be cited as the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts and Cable Programmes) (Educational Recording Agency Limited) (Amendment) Order 1994 and shall come into force on 1st April 1994.
2
The licensing scheme set out in the Schedule to the Principal Order shall be amended as follows:
a
in the subparagraph immediately preceding paragraph 5, there shall be substituted for the first sentence the words “However, Licences under the E.R.A.Licensing Scheme shall not authorise the recording of Open University programmes.”;
b
in paragraph 10 there shall be substituted for all the words which appear immediately before the words “NOTE 1”, the following —
a
For licences taking effect on or after 1st April 1994 but on or before 31st March 1995, the annual tariff, when calculated on a full-time and full-time equivalents per capita basis by type of Educational Establishment, shall be: —
i
Primary/Preparatory Educational Establishments (including Preparatory Schools) — 18p per student.
ii
Secondary Educational Establishments — 37p per student.
iii
Educational Establishments of Further Education (including sixth form colleges) — 61p per student.
iv
Educational Establishments of Higher Education (including Higher Education Colleges and Universities) — £1.22 per student.
v
Other Educational Establishments designated from time to time by the Secretary of State — a fee related to the above by type.
b
for licences taking effect on or after 1st April 1995, the annual tariff, when calculated on a full-time and full-time equivalents per capita basis by type of Educational Establishment, shall be:
i
Primary/Preparatory Educational Establishments (including Preparatory Schools) — 19p per student.
ii
Secondary Educational Establishments — 38p per student.
iii
Educational Establishments of Further Education (including sixth form colleges) — 63p per student.
iv
Educational Establishments of Higher Education (including Higher Education Colleges and Universities) — £1.25 per student.
v
Other Educational Establishments designated from time to time by the Secretary of State — a fee related to the above by type.
.
Patrick McLoughlin
Parliamentary Under Secretary of State for Trade and Technology
Department of Trade and Industry
2nd February 1994.


text:
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) Regulations 1994 and shall come into force on 31st March 1994.
2
The Motor Vehicles (EC Type Approval) Regulations 1992 shall be amended in accordance with the provisions of these Regulations.
3
In regulation 2(1) for the definition of “the Directive” there shall be substituted the following definition —
“the Directive” means Council Directive 70/156/ EEC as amended by Council Directives 87/403/EEC and 92/53/EEC and Commission Directive 93/81/EEC ;
.
4
In regulation 14(3) for the words “for the purposes of this paragraph” there shall be substituted “for the purposes of this regulation”.
5
In Schedule 1 —
a
for item 33 there shall be substituted the following item —
33 78/316/EEC 93/91/EEC* L81, 28.3.78, p.3, L284, 19.11.93, p.25 Identification of controls;
b
for item 39 there shall be substituted the following item —
39 80/1268/EEC 93/116/EEC* L375, 31.12.80, p.36, L329, 30.12.93, p.39 Fuel consumption.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
8th March 1994


text:
Commencement and citation
1
These Regulations may be cited as the Motor Fuel (Composition and Content) Regulations 1994 and shall come into force on 1st October 1994.
Preliminary
2
So far as any requirement is imposed by virtue of these Regulations, that requirement is imposed in exercise of the powers conferred by sections 30 and 63 of the Clean Air Act 1993 to the exclusion of the powers conferred by section 2(2) of the European Communities Act 1972.
General Interpretation
3
1
In these Regulations —
“ BS 4040:1988” means the British Standard which is entitled “British Standard Specification for leaded petrol (gasoline) for motor vehicles” and was published under the number BS 4040:1988 as amended by Amendment No. 1 published on 29th June 1990;
“BS 7800:1992” means the British Standard which is entitled “British Standard Specification for high octane (super) unleaded petrol (gasoline) for motor vehicles” and was published under the number BS 7800:1992;
“BS EN 228:1993” means the British Standard which is entitled “British Standard Specification for unleaded petrol (gasoline) for motor vehicles” and was published under the number BS EN 228:1993;
“BS EN 590:1993” means the British Standard which is entitled “British Standard Specification for automotive diesel fuel” and was published under the number BS EN 590:1993;
“diesel fuel” means any liquid petroleum fuel product produced in a refinery and of a kind used as fuel in motor vehicles propelled by diesel engines of which not more than 65 per cent by volume, including distillation losses, is distilled at a temperature of 250°C and of which at least 85 per cent by volume, including distillation losses, is distilled at a temperature of 350°C when it is tested by the method described in the British Standard Specification which is entitled “Method for Determination of distillation characteristics of Petroleum Products” and which was published under the number BS 7392:1990;
“distribute”, in relation to motor fuel, means distribute from an oil refinery or an oil import terminal and does not accordingly include distributing motor fuel from any place to which it has been distributed from an oil refinery or oil import terminal or supplying motor fuel by retail at a filling station;
“ EEA State” means a state which is a contracting Party to the EEA Agreement but, until the EEA Agreement comes into force in relation to Liechtenstein, does not include the State of Liechtenstein and “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“filling station” means any premises used, or intended to be used for fuelling motor vehicles with motor fuel in the course of the business of supplying motor fuel by retail;
“hovercraft” has the same meaning as in section 4(1) of the Hovercraft Act 1968 ;
“import terminal” means a place for the storage of refined oil immediately after it has been brought onshore in the United Kingdom;
“motor fuel” means petrol or diesel fuel;
“petrol” means petroleum spirit as defined in section 23 of the Petroleum (Consolidation) Act 1928 of a kind used as fuel in motor vehicles.
2
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation is a reference to the regulation bearing that number in these Regulations; and
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears.
Modifications to BS 4040:1988, BS 7800:1992, BS EN 228:1993 and BS EN 590:1993
4
1
For the purposes of these Regulations, BS 4040:1988 shall have effect as if for a reference in the Tables to any publication shown in an entry in column 1 of Part I of Schedule 1 to these Regulations there were substituted a reference to the publication shown in that entry in column 2.
2
For the purposes of these Regulations, BS 7800:1992 shall have effect as if for a reference in the Tables to any publication shown in an entry in column 1 of Part II of Schedule 1 to these Regulations there were substituted a reference to the publication shown in that entry in column 2.
3
For the purposes of these Regulations, BS EN 228:1993 shall have effect as if for a reference in the Tables to any publication shown in an entry in column 1 of Part III of Schedule 1 to these Regulations there were substituted a reference to the publication shown in that entry in column 2.
4
For the purposes of these Regulations, BS EN 590:1993 shall have effect —
a
as if paragraphs 5.3.2 and 5.3.3 were omitted;
b
as if for a reference in the Tables to any publication shown in an entry in column 1 of Part IV of Schedule 1 to these Regulations there were substituted a reference to the publication shown in that entry in column 2;
c
on and after 1st October 1996, as if in the third column of Table 1 for “0.20” there were substituted “0.05”; and
d
in relation to diesel fuel which contains ignition improver, as if in Table 1 the entry concerning carbon residue were omitted.
Requirements relating to motor fuel
5
1
Subject to regulation 4, references in these Regulations to petrol complying with a specified requirement shall be construed in accordance with this regulation.
2
Petrol complies with “the winter leaded petrol requirement” if and only if the composition and content of the petrol are such that it —
a
fulfils the requirements set out in paragraphs 3 and 4.1.1 of BS 4040:1988;
b
fulfils the requirements set out in paragraph 4.2 of BS 4040:1988 in relation to petrol of 2 star grade; and
c
has the volatility characteristics recommended for the winter period in Appendix A to BS 4040:1988.
3
Petrol complies with “the intermediate leaded petrol requirement” if and only if the composition and content of the petrol are such that it —
a
fulfils the requirements specified in paragraph (2)(a) and (b); and
b
has the volatility characteristics recommended for the intermediate period in Appendix A to BS 4040:1988.
4
Petrol complies with “the summer leaded petrol requirement” if and only if the composition and content of the petrol are such that it —
a
fulfils the requirements specified in paragraph (2)(a) and (b); and
b
when tested in accordance with the test methods indicated in Table 4 in paragraph 5.7.2 of BS EN 228:1993, fulfils the requirements set out in that Table by reference to volatility class 4.
5
Petrol complies with “the winter unleaded petrol requirement” if and only if the composition and content of the petrol are such that it —
a
fulfils the requirements set out in paragraphs 5.3, 5.4 and 5.5 of BS EN 228:1993;
b
fulfils the requirements set out in paragraph 5.6 of BS EN 228:1993 in relation to petrol of regular grade; and
c
when tested in accordance with the test methods indicated in Table 4 in paragraph 5.7.2 of BS EN 228:1993, fulfils the requirements set out in that Table by reference to volatility class 8.
6
Petrol complies with “the summer unleaded petrol requirement” if and only if the composition and content of the petrol are such that it —
a
fulfils the requirements specified in paragraph (5)(a) and (b);
b
when tested in accordance with the test methods indicated in Table 4 in paragraph 5.7.2 of BS EN 228:1993, fulfils the requirements set out in that Table by reference to volatility class 4.
7
Petrol complies with “the winter super unleaded petrol requirement” if and only if the composition and content of the petrol are such that it —
a
fulfils the requirements set out in paragraphs 3, 4.1.1 and 4.2 of BS 7800:1992; and
b
when tested in accordance with the test methods indicated in Table 4 in paragraph 5.7.2 of BS EN 228:1993, fulfils the requirements set out in that Table by reference to volatility class 8.
8
Petrol complies with “the summer super unleaded petrol requirement” if and only if the composition and content of the petrol are such that it —
a
fulfils the requirements specified in paragraph (7)(a); and
b
when tested in accordance with the test methods indicated in Table 4 in paragraph 5.7.2 of BS EN 228:1993, fulfils the requirements set out in that Table by reference to volatility class 4.
9
Diesel fuel complies with “the winter diesel fuel requirement” if and only if the composition and content of the diesel fuel are such that it —
a
fulfils the requirements set out in paragraph 5.3.1 of BS EN 590:1993;
b
fulfils the requirements set out in paragraph 5.4.1 of BS EN 590:1993 that relate to fuel for use in temperate climates other than the requirements relating to cold filter plugging points; and
c
fulfils the requirements set out in paragraph 5.4.1 of BS EN 590:1993 relating to cold filter plugging points by reference to CF PP grade E.
10
Diesel fuel complies with “the summer diesel fuel requirement” if and only if the composition and content of the diesel fuel are such that it —
a
fulfils the requirements specified in paragraph (9)(a) and (b); and
b
fulfils the requirements set out in paragraph 5.4.1 of BS EN 590:1993 relating to cold filter plugging points by reference to CF PP grade C.
Restrictions with respect to the distribution of motor fuel
6
1
Subject to the provisions of these Regulations, no person shall, during a period beginning on 1st September and ending on 31st October in any year, distribute petrol which —
a
does not comply with the intermediate leaded petrol requirement, the winter unleaded petrol requirement or the winter super unleaded petrol requirement; and
b
is for use within the United Kingdom.
2
Subject to the provisions of these Regulations, no person shall, during a period beginning on 1st November in any year and ending on 15th April in the following year, distribute petrol which —
a
does not comply with the winter leaded petrol requirement, the winter unleaded petrol requirement or the winter super unleaded petrol requirement; and
b
is for use within the United Kingdom.
3
Subject to the provisions of these Regulations, no person shall, during a period beginning on 16th April and ending on 31st August in any year, distribute petrol which —
a
does not comply with the summer leaded petrol requirement, the summer unleaded petrol requirement or the summer super unleaded petrol requirement; and
b
is for use within the United Kingdom.
4
Subject to the provisions of these Regulations, no person shall, during a period beginning on 10th September in any year and ending on 15th March in the following year, distribute diesel fuel which —
a
does not comply with the winter diesel fuel requirement; and
b
is for use within the United Kingdom.
5
Subject to the provisions of these Regulations, no person shall, during a period beginning on 16th March and ending on 9th September in any year, distribute diesel fuel which —
a
does not comply with the summer diesel fuel requirement; and
b
is for use within the United Kingdom.
Restrictions with respect to the sale of motor fuel
7
1
Subject to the provisions of these Regulations, no person shall, during a period beginning on 1st September in any year and ending on 31st May in the following year, sell by retail at a filling station petrol which —
a
does not comply with the winter leaded petrol requirement, the intermediate leaded petrol requirement, the winter unleaded petrol requirement or the winter super unleaded petrol requirement; and
b
is for use within the United Kingdom.
2
Paragraph (1) does not apply to the sale of petrol which complies with —
a
the summer leaded petrol requirement; or
b
the summer unleaded petrol requirement or the summer super unleaded petrol requirement,
at a filling station to which, at the time of the sale, less than three deliveries of petrol have been made since 20th July next before the beginning of the period referred to in paragraph (1).
3
Subject to the provisions of these Regulations, no person shall, during a period beginning on 1st June and ending on 31st August in any year, sell by retail at a filling station petrol which —
a
does not comply with the summer leaded petrol requirement, the summer unleaded petrol requirement or the summer super unleaded petrol requirement; and
b
is for use within the United Kingdom.
4
Paragraph (3) does not apply to the sale of petrol which complies with —
a
the winter leaded petrol requirement or the intermediate leaded petrol requirement; or
b
the winter unleaded petrol requirement or the winter super unleaded petrol requirement,
at a filling station to which, at the time of the sale, less than three deliveries of petrol have been made since 15th April next before the beginning of the period referred to in paragraph (3).
5
Subject to the provisions of these Regulations, no person shall, during a period beginning on 22nd October in any year and ending on 15th March in the following year, sell by retail at a filling station diesel fuel which —
a
does not comply with the winter diesel fuel requirement; and
b
is for use within the United Kingdom.
6
Paragraph (5) does not apply to the sale of diesel fuel which complies with the summer diesel fuel requirement at a filling station to which, at the time of the sale, less than three deliveries of diesel fuel have been made since 9th September next before the beginning of the period referred to in paragraph (5).
7
Subject to the provisions of these Regulations, no person shall, during a period beginning on 16th March and ending on 21st October in any year, sell by retail at a filling station diesel fuel which —
a
does not comply with the summer diesel fuel requirement; and
b
is for use within the United Kingdom.
Exemptions relating to the distribution or sale of motor fuel
8
1
Regulations 6 and 7 do not apply to the distribution or sale of motor fuel for the purposes of tests or experiments in connection with —
a
the composition or content of motor fuel; or
b
the design or performance of any article which uses, or is intended to use, motor fuel, or any component or lubricant of such article, in a case where the composition or content of the fuel is relevant to such design or performance.
2
Regulations 6 and 7 do not apply to the distribution or sale of motor fuel —
a
for use in an aircraft (other than a hovercraft);
b
for use in a vehicle constructed or adapted for use solely in competitions or trials; or
c
which is in the course of being manufactured or blended.
3
Nothing in regulation 6 or 7 shall render it unlawful for a person to distribute or sell any motor fuel on the grounds that it fails to comply with any requirements mentioned in those regulations if —
a
the failure is due to a mistake or to reliance on information supplied to him or to the act or default of another person, accident or some other cause beyond his control; and
b
the person in question has taken all reasonable precautions and exercised all due diligence to avoid such failure by himself or any person under his control.
Power for the Secretary of State to grant exemptions
9
The Secretary of State may by instrument in writing confer exemption from any provision of regulation 6 or 7 upon such person or classes of person for such period and in such circumstances as may be specified in the instrument conferring the exemption.
Evidence by certificate in Scotland
10
1
In any proceedings in Scotland against any person for contravention of, or failure to comply with, any provision of these Regulations a certificate issued by any person possessing the qualifications prescribed by regulations made under section 27 of the Food Safety Act 1990 as qualifying persons for appointment as public analysts under that Act and stating the results of any test carried out in accordance with the appropriate method specified in paragraph (2) below shall be received in evidence, and be sufficient evidence of the matters stated in the certificate, and the provisions of subsections (2) to (4) of section 31 of the Trade Descriptions Act 1968 (evidence by certificate) shall apply to any such certificate as they apply to such a certificate as is mentioned in that section.
2
A test carried out in accordance with the appropriate method referred to in paragraph (1) is a test carried out in accordance with one of the methods described in paragraphs 3, 4.1.1 and 4.2 of BS 4040:1988 and BS 7800:1992 or with paragraphs 5.4, 5.5, 5.6 and 5.7.2 of BS EN 228:1993 or paragraphs 5.3.1 and 5.4.1 of BS EN 590:1993.
Equivalent standards
11
1
Nothing in regulation 6 or 7 shall prevent a person distributing or selling any motor fuel in circumstances in which he could do so without contravening that regulation were there substituted for the references in regulation 5 to provisions in a relevant British Standard Specification references to equivalent provisions in a corresponding standard.
2
For the purposes of this regulation, “corresponding standard”, in relation to a relevant British Standard Specification, means —
a
a standard or code of practice of a national standards body or equivalent body of any EEA State;
b
any international standard recognised for use as a standard by any EEA State; or
c
a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State,
where the standard, code of practice, international standard or technical specification provides, in relation to motor fuel, a level of control of air pollution equivalent to that provided by that British Standard Specification.
3
For the purposes of this regulation, a reference to a relevant British Standard Specification, is a reference to BS 4040:1988, BS 7800:1992, BS EN 228:1993 and BS EN 590:1993, as modified (in each case) by regulation 4.
Revocations and transitional provisions
12
1
Subject to paragraph (3) below, the Regulations specified in Schedule 2 to these Regulations are revoked.
2
Regulations 6 and 7 shall not apply to a person as regards any motor fuel which came into his possession before 1st October 1994.
3
The Regulations referred to in paragraph (1) shall continue to have effect in relation to a person as regards any motor fuel which came into his possession before the 1st October 1994.
4
For the purposes of this regulation, motor fuel which before 1st October 1994 came into the possession of a person who sells motor fuel by retail at a filling station —
a
shall continue to be regarded as having come into his possession before that date notwithstanding that it has been mixed with one or two deliveries of motor fuel that were made to him on or after that date;
b
shall be regarded as having come into his possession after that date if it has been mixed with three or more deliveries of motor fuel that were made to him on or after that date.
Signed by authority of the Secretary of State.
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
2nd September 1994


text:
1
The York City Council (Peasholme Green Bridge) Scheme 1993 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the Department of Transport, 43 Marsham Street, London SW1 3PY and at the offices of York City Council at the Guildhall, York.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the York City Council (Peasholme Green Bridge) Scheme 1993 Confirmation Instrument 1994.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director
Government Office for the North East
1st August 1994


text:
Citation and commencement
1
This Order may be cited as the National Board for Nursing, Midwifery and Health visiting for England (Constitution and Administration) Amendment Order 1994 and shall come into force on 1st April 1994.
Amendment of the National Board for Nursing, Midwifery an4 Health Visiting for England (Constitution and Administration) Order 1993
2
For article 12(3) of the National Board for Nursing, Midwifery and Health visiting for England (Constitution and Administration) Order 1993 there shall be substituted the following —
3
The Board shall arrange an appropriate scheme for the introduction of candidates to institutions approved under section 6(1)(a) of the Act (approval of institutions) which have vacancies on courses of education for persons intending to qualify to be registered in any of Parts 1 to 15 of the professional register.
Virginia Bottomley
Secretary of State for Health
8th March 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 1994 and shall come into force on 12th October 1994.
2
In these Regulations “the principal Regulations ” means the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 .
Amendment of regulation 8 of the principal Regulations
2
For sub-paragraph (a) of regulation 8(2) of the principal Regulations (pack size on retail sale or supply of certain medicinal products on a general sale list) there shall be substituted the following sub-paragraph —
a
in the case of effervescent tablets —
i
which do not contain aspirin, or where the amount of aspirin in each tablet does not exceed 325 milligrams, not more than 30 tablets;
ii
where the amount of aspirin in each tablet exceeds 325 milligrams, but does not exceed 500 milligrams, not more than 20 tablets.
.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
6th September 1994
John Redwood
Secretary of State for Wales
6th September 1994
Allan Stewart
Parliamentary Under Secretary of State, The Scottish Office
6th September 1994
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
William Waldegrave
Minister of Agriculture, Fisheries and Food
8th September 1994.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
F. A. Elliott
Permanent Secretary
7th September 1994.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on
J. Murray
Permanent Secretary
6th September 1994.


text:
Citation and commencement
1
These Regulations may be cited as the Education (Grant-maintained Special Schools) (Initial Governing Instruments) Regulations 1994 and shall come into force on 1st September 1994.
Initial instrument of government
2
1
For the purposes of paragraph 2 of Schedule 11 to the 1993 Act , the initial instrument of government of a grant-maintained special school shall be as set out in Schedule 1 to these Regulations.
2
In this regulation and in regulations 3 and 4 below, references to the 1993 Act are to the Education Act 1993.
Initial articles of government
3
For the purposes of paragraph 2 of Schedule 11 to the 1993 Act, the initial articles of government of a grant-maintained special school shall be as set out in Schedule 2 to these Regulations.
Provisions of the initial articles of government having effect on incorporation
4
1
In the case of a governing body incorporated in pursuance of proposals made under section 183(3)(a) of the 1993 Act (proposals for the establishment of a new grant-maintained special school), the following provisions of the initial articles of government shall have effect from the incorporation date: Articles 1, 3, 4, 5, 13, 15, 16, 17, 18, 19 and 20, and the Appendix thereto.
2
In this regulation —
“the initial articles of government” is a reference to the initial articles of government set out in Schedule 2 to these Regulations; and
“the incorporation date” means the date specified in the proposals made under section 183(3)(a) of the 1993 Act as the proposed incorporation date in relation to the school.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (England) Order 1994 and shall come into force on 31st March 1994.
2
In this Order —
“ the Act ” means the Local Government Act 1988;
“housing action trust” means a housing action trust established by order coming into force on 30th June 1993 ;
“local authority” means a district council in England, a London borough council or the Common Council of the City of London in its capacity as a local authority.
Exemption
2
1
Work falling within any of the activities mentioned in section 2(2) of the Act shall not be treated as a defined activity so long as each of the conditions mentioned in paragraph (2) is fulfilled.
2
The conditions are —
a
that the work is carried out by a local authority for a housing action trust, pursuant to a works contract;
b
that the work is carried out in connection with property which has vested in the housing action trust and which was, immediately before so vesting, in the ownership of the local authority;
c
that, immediately before the property so vested, work of the same description was carried out in connection with the property by the local authority as functional work;
d
that, before the property so vested, the local authority had complied fully with the requirements of sections 6 and 7 of the Act in respect of that functional work;
e
without prejudice to sub-paragraph (f), that either —
i
the period during which the work was to be carried out, required by section 7(3)(c) of the Act to be stated in the detailed specification of the work, has not expired, or
ii
if the period expires within three months after the property vested in the housing action trust, not more than three months have elapsed since the property so vested; and
f
that not more than 12 months have elapsed since the property so vested.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
7th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Berkshire Community Health National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 28th April 1994.
2
In this Order —
“the Authority” means the Berkshire Health Authority;
“the Trust” means the East Berkshire Community Health 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 29th November 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 28th April 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Healthh
Tom Sackville
Parliamentary Under Secretary of State
Department ofh Health
30th March 1994


text:
1
The Cheshire County Council (Trent and Mersey Canal Bridge Wheelock) Scheme 1993 (hereinafter referred to as “the Scheme”) is hereby confirmed.
2
The Scheme as confirmed is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, 43 Marsham Street, London SW1P 3PY and the offices of Cheshire County Council, Legal and Members Services, County Hall, Chester CH1 1SF.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as The Cheshire County Council (Trent and Mersey Canal Bridge, Wheelock) Scheme 1993 Confirmation Instrument 1994.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director Government Office for the North East
15th June 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Areas) (London Boroughs of Camden, Hackney and Hounslow) (Amendment) Order 1994 and shall come into force on 17th June 1994.
Interpretation
2
In this Order, unless the context otherwise requires,“the principal Order ” means the Road Traffic (Special Parking Areas) (London Boroughs of Camden, Hackney and Hounslow) Order 1993 ;
“the 1984 Act” and “the 1991 Act” have the same meanings as in the principal Order; and a reference to a Schedule followed by a number is a reference to the Schedule to this Order bearing that number. Amendment of the principal Order.
3
1
The principal Order shall have effect as if —
a
the areas referred to in Schedule 1 were included in the special parking area designated by article 3(1)(a) of the principal Order;
b
the areas referred to in Schedule 2 were included in the special parking area designated by article 3(1)(b) of the principal Order; and
c
the areas referred to in Schedule 3 were included in the special parking area designated by article 3(1)(c) of the principal Order.
2
The following paragraph shall be added to Part II of Schedule 1 to the principal Order: —
So much of Regent’s Park as lies within the London borough of Camden.
3
Article 4 (modification of the 1984 Act) and article 5 (modification of the 1991 Act) of the principal Order shall apply in relation to the areas referred to in Schedules 1, 2 and 3 as they apply to the special parking areas designated by article 3 of that Order, so that references in article 4 or 5 to a special parking area shall be taken to include an area referred to in Schedule 1, 2 or 3 to this Order.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
19th May 1994


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (School Information) (England) (Amendment) Regulations 1994 and shall come into force on 1st October 1994.
2
Any reference in these Regulations to the principal Regulations is a reference to the Education (School Information) (England) Regulations 1994 .
Amendment of the principal Regulations
2
In regulation 4 of the principal Regulations after “the governing body or the authority” there shall be inserted “in time for it to be reasonably practicable to provide or publish the information”.
3
In regulation 7 of the principal Regulations —
a
for paragraph (1) there shall be substituted —
—
1
This regulation shall apply in relation to the publication by an authority of —
a
information in respect of the matters specified in Schedule 1;
b
particulars of the arrangements mentioned in section 8(1), (3) and (4) of the 1980 Act ; and
c
particulars of the arrangements relating to voluntary aided or special agreement schools mentioned in section 8(2) and (3) of the 1980 Act where those particulars are being published by the authority on behalf of the governing body of the school pursuant to subsection (6) of that section.
.
b
in paragraph (7)(a) after “at the” there shall be inserted “offices of the”; and
c
after paragraph (9) there shall be inserted —
10
The particulars referred to in paragraph (1)(c) shall be supplied to the authority by the governing body and shall be published without material alteration.
.
4
In regulation 8 of the principal Regulations for “regulations 9 and 10” there shall be substituted “regulation 9”.
5
In paragraph (1) of regulation 10 of the principal Regulations after “Schedule 2” there shall be substituted “for assessment undertaken, examinations held, qualifications achieved in, or attendance during the reporting school year, is not available in time for it to be reasonably practicable to publish the information in accordance with regulation 11.”.
6
After regulation 11 of the principal Regulations there shall be inserted —
Publication of admissions arrangements
11A
1
This regulation applies in relation to the publication by the governing body of an aided or special agreement school of particulars of the arrangements mentioned in section 8(2) and (3) of the 1980 Act (except where those particulars are being published by the authority on the governing body’s behalf pursuant to section 8(6) of the 1980 Act).
2
Such particulars shall be published by copies being made available at the school for distribution without charge to parents on request and for reference by parents and other persons.
3
Such particulars shall be published during the publication school year and, except in the case of a primary school (other than a middle school deemed to be a primary school) or of a special school, it shall be published not later than six weeks before whichever is the earlier of the following dates —
a
the date by which an application for admission to that school in respect of the admission school year should be made in accordance with the arrangements for admission to that school;
b
the date up to which parents may express a preference for a school in respect of the admission school year.
4
Without prejudice to the foregoing provisions of this regulation, such particulars of the arrangements mentioned in subsection (2)(b) of section 8 of the 1980 Act (appeals against admissions decisions) shall also be published by being set out in any document containing a notification to parents of a decision referred to in subsection (2) of section 7 of that Act refusing their child admission to a school for which such parents have expressed a preference in accordance with arrangements made under subsection (1) of section 6 of that Act.
.
Gillian Shephard
Secretary of State for Education
11th September 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as The National Health Service (Fund-holding Practices) Amendment Regulations 1994 and shall come into force on 1st April 1994.
2
In these Regulations “the principal Regulations ” means The National Health Service (Fund-holding Practices) Regulations 1993 .
Substitution of regulation 8 of the principal Regulations
2
For regulation 8 of the principal Regulations (conditions for continuing recognition), there shall be substituted the following regulation —
8
The members of a fund-holding practice shall continue to be entitled to recognition as a fund-holding practice —
a
where recognition has been granted in accordance with regulation 5(1) but has not yet taken effect in accordance with regulation 5(2), so long as the conditions specified in paragraphs 1, 2 and 5 of Schedule 2 are fulfilled in relation to that practice; and
b
where recognition has taken effect in accordance with regulation 5(2), so long as all the conditions specified in Schedule 2 are fulfilled in relation to that practice.
.
Amendment of regulation 10 of the principal Regulations
3
In regulation 10(1)(b) of the principal Regulations (withdrawal or death of a member of a fund-holding practice), after “Schedule 2” there shall be inserted “or, in a case where recognition has not yet taken effect in accordance with regulation 5(2), the conditions specified in paragraphs 1, 2 and 5 of Schedule 2,”.
Amendment of regulation 13 of the principal Regulations
4
In regulation 13 of the principal Regulations (grounds for removal of recognition), for paragraph (2) there shall be substituted the following paragraph —
2
The Regional Health Authority may remove recognition from the members of a fund-holding practice —
a
where recognition has been granted in accordance with regulation 5(1) but has not yet taken effect in accordance with regulation 5(2), if any one or more of the conditions specified in paragraphs 1, 2 and 5 of Schedule 2 is no longer fulfilled in relation to that practice; and
b
where recognition has taken effect in accordance with regulation 5(2), if any one or more of the conditions specified in Schedule 2 is no longer fulfilled in relation to that practice.
.
Amendment of regulation 21 of the principal Regulations
5
In regulation 21 of the principal Regulations (limit on provision of goods and services), for “£5,000” there shall be substituted “£6,000”.
Amendment of Schedule 2 to the principal Regulations
6
In Schedule 2 to the principal Regulations (conditions for continuing recognition as a fund-holding practice), for paragraph 5 there shall be substituted the following paragraph —
5
Where recognition has taken effect in accordance with regulation 5(2), the members of the fund-holding practice are managing the allotted sum effectively and efficiently or, where recognition has been granted in accordance with regulation 5(1) but has not yet taken effect in accordance with regulation 5(2), it appears to the Regional Health Authority that they are capable of doing so.
.
Brian Mawhinney
Minister of State
Department of Health
8th March 1994
John Redwood
Secretary of State for Wales
9th March 1994


text:
PART I
PRELIMINARY
Citation and commencement
1
1
These Regulations may be cited as the Telecommunications Terminal Equipment (Amendment and Extension) Regulations 1994.
2
These Regulations shall come into force as follows —
a
Parts I, II and III, on 1st January 1995; and
b
Part IV, on 1st May 1995.
Interpretation
2
In these Regulations —
“the principal Regulations ” means the Telecommunications Terminal Equipment Regulations 1992 ;
“ CE Marking Directive ” means Council Directive 93/68/ EEC ; and
“ Satellite Earth Station Equipment Directive ” means Council Directive 93/97/EEC supplementing Directive 91/263/EEC in respect of satellite earth station equipment .
PART II
AMENDMENTS TO THE PRINCIPAL REGULATIONS
Definitions
3
Regulation 3 of the principal Regulations is (in addition to the amendments made by regulation 6(a) below) hereby amended as follows:
a
for paragraph (1) (definition of the TTE Directive ) there shall be substituted the following paragraph —
1
In these regulations, the “TTE Directive” means Council Directive 91/263/EEC on the approximation of the laws of the Member States concerning telecommunications terminal equipment, including the mutual recognition of their conformity, as —
a
amended by Article 11, 14.1 and 14.2 of the CE Marking Directive; and
b
supplemented by the Satellite Earth Station Equipment Directive.
;
b
in paragraph (2) —
i
before the definition of “the Commission” there shall be inserted the following definition —
“CE Marking Directive” means Council Directive 93/68/EEC ;
;
ii
the definition of “the Community” shall be deleted; and
iii
after the definition of “responsible person” there shall be inserted the following definitions —
“satellite earth station equipment” means satellite earth station equipment within the meaning of Article 1.2 of the Satellite Earth Station Equipment Directive;
“Satellite Earth Station Equipment Directive” means Council Directive 93/97/EEC supplementing Directive 91/263/EEC in respect of satellite earth station equipment;
; and
c
after paragraph (5), there shall be added the following paragraph —
6
In these Regulations, with respect to matters arising on and after 1st January 1994, a reference to the Community includes a reference to the EEA , and a reference to a member State includes a reference to an EEA State, and for the purposes of this paragraph —
a
the “EEA” means the European Economic Area;
b
an “EEA State” means a state which is a contracting party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein; and
c
the “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 .
.
Application of the requirements of Article 2 of Council Directive 91/263/EEC to all terminal equipment not intended for connection to the public telecommunications network
4
1
Subject to paragraph (2) below, the principal Regulations are hereby amended as follows:
a
in regulation 2, after paragraph (3), there shall be inserted the following paragraph —
3A
For the avoidance of doubt, it is hereby declared that, on and after 1st January 1995, the said orders so listed in Schedule 1 (save for the Telecommunication Apparatus (Bell Noise-Labelling) Order 1985 , which is inapplicable) shall no longer apply to equipment which is, on and after that date, connection-capable equipment or radio connection-capable equipment consequent upon the amendment of regulation 4 of these Regulations by regulation 3 of the Telecommunications Terminal Equipment (Amendment and Extension) Regulation 1994.
;
b
in regulation 4(4) —
i
in the headpiece, the words “which would, except for the operation of this paragraph, be applicable terminal equipment,” shall be omitted;
ii
for the tailpiece, there shall be substituted the following tailpiece —
and equipment which is, or would be, except for the operation of paragraph (3) above, taken outwith the meaning of applicable terminal equipment pursuant to this paragraph, is referred to in these Regulations as “connection-capable equipment”.
;
c
for paragraphs (5) and (6) of regulation 4 there shall be substituted the following paragraphs —
5
Terminal equipment (including equipment in respect of which an adjustment has been made or a mechanism unblocked as referred to in paragraph (6) below) which makes use of a system of communication employing the radio frequency spectrum, and which is not radio connection-capable equipment within the meaning of the said paragraph (6), shall, for the purposes of these Regulations, be taken to be intended for connection to a public telecommunication network and accordingly shall, save as provided by paragraph (3) of this regulation and regulation 6(3) and (4) below, be taken to be applicable terminal equipment.
6
Where equipment employing the radio frequency spectrum is designed to be capable of connection to a public telecommunications network if an adjustment were made thereto or a blocking mechanism were unblocked, that equipment may not, unless such adjustment is made or such mechanism is unblocked, as the case may be, be regarded as capable of being applicable terminal equipment pursuant to paragraph (5) above; and equipment which may not, on account of this paragraph, be regarded as applicable terminal equipment is referred to in these Regulations as “radio connection-capable equipment”.
2
The amendments made by paragraph (1) above shall not apply to any equipment first supplied or put into service within the Community before 1st January 1995.
CE Mark
5
For Schedule 2 of the principal Regulations, there shall be substituted the following Schedule —
SCHEDULE 2
THE CE MARK
Regulation 10(5)(a)
1
Subject to paragraph 2 below, in the CE Mark, the symbol “CE” shall be set out in the form shown below —
2
Notwithstanding the provisions of paragraph 1 above, where any terminal equipment is marked with a CE mark in which the symbol “CE” is set out in the form shown below —
the CE mark on such terminal equipment shall be deemed to satisfy the requirements of this Schedule.
Notified bodies etc
6
The principal Regulations are hereby amended as follows: —
a
for paragraph (1) of regulation 51 there shall be substituted the following paragraph —
1
Subject to paragraph (2) below, the following persons shall be eligible for appointment as United Kingdom notified bodies —
a
the Secretary of State; and
b
any person resident, incorporated or carrying on an undertaking in the United Kingdom.
; and
b
in the headpiece to regulation 53(1), for the words “a United Kingdom notified body” there shall be substutited “and without prejudice to the power of the Secretary of State, where he is a United Kingdom notified body, to charge fees pursuant to section 56 of the Finance Act 1973 , a United Kingdom notified body other than the Secretary of State”.
PART III
CE MARKING
Implementation of the CE Marking Directive
7
Subject to regulation 8 below, the principal Regulations are hereby amended as follows —
a
throughout the Regulations save in regulation 3(2), for “CE mark” on each occasion that it occurs there shall be substituted “CE marking”;
b
in regulation 3(2) —
i
for the definition of “CE mark” there shall be substituted the following definition —
“CE marking” shall be construed —
in relation to applicable terminal equipment, in accordance with regulation 10(6)(a) below; and
in relation to connection-capable equipment and radio connection-capable equipment, in accordance with regulation 12 below
; and
ii
for the definition of “notified body symbol” there shall be substituted the following definition —
“notified body identification number” has the meaning given by regulation 10(6)(b) below;
;
c
for regulation 10, there shall be substituted the following regulation —
Connection marking requirements
10
1
The connection marking requirements are that there shall be affixed to applicable terminal equipment —
a
the following marks in the following order from left to right —
i
the CE marking;
ii
the notified body identification number; and
iii
the connection symbol; and
b
an inscription identifying the equipment —
i
by means of —
aa
type; and
bb
batch or serial numbers or both; and
ii
by the name of the manufacturer, or supplier responsible for first supplying it in the Community, or both.
2
Subject to paragraph (3) below, where applicable terminal equipment is subject to other Directives concerning other aspects and which also provide for the affixing of the CE marking, the latter shall indicate that the equipment is also presumed to conform to the provisions of those other Directives.
3
Where one or more of the other Directives referred to in paragraph (2) above allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity to the provisions only of those Directives applied by the manufacturer.In this case, particulars of the Directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by the directives and accompanying the terminal equipment.
4
No person shall affix to applicable terminal equipment any marking which is likely to deceive third parties as to the meaning and form of the CE marking.Any other marking may be affixed to the equipment provided that the visibility and legibility of the CE marking are not thereby reduced.
5
No person shall affix the CE marking, a notified body identification number or the connection symbol, or any other inscription liable to be confused with any of those marks, to applicable terminal equipment which does not comply with regulation 8(a) and (b) above.
6
In these Regulations —
a
“CE marking” means a marking —
i
consisting of the initials “CE”;
ii
taking the form shown in Schedule 2 hereto; and
iii
which, when used in relation to applicable terminal equipment, attests to conformity to the requirements of the TTE Directive, including the conformity assessment procedures laid down in Chapter II of that Directive;
b
“notified body identification number” means the identification number of the notified body involved in the producton control stage being the number assigned to that body by the Commission pursuant to Article 10.1 of the TTE Directive; and
c
“connection symbol” means the symbol of suitability for connection to the public telecommunications network, such symbol taking the form shown in Schedule 3 to these Regulations.
;
d
after regulation 65, there shall be added the following regulation —
Compliance notices
65A
1
Subject to paragraph (4) below, in the relevant circumstances, no action may be taken pursuant to regulations 65, 66, 70, 73, 82 or 83 to these Regulations unless the requirements of this regulation are satisfied.
2
The relevant circumstances are that it is established that the CE marking has been affixed unduly to any terminal equipment.
3
The requirements of this regulation are that —
a
there has been served upon the manufacturer or his authorised representative a notice (howsoever expressed) in writing obliging the person on whom the notice is served to make the product conform as regards the provisions of the TTE Directive concerning the CE marking and to end the infringement under conditions imposed in, or in relation to, the notice; and
b
the non-conformity continues after the period specified in, or in relation to, the said notice during which the infringement must be ended has expired.
4
This regulation does not apply where it is found that terminal equipment bearing the CE marking and properly used in accordance with the purpose intended by the manufacturer does not comply with the relevant essential requirements,
; and
e
for regulation 73, there shall be substituted the following regulation —
Misuse of the CE marking etc
73
1
Any person who affixes the CE marking or the connection symbol, or the non-connection symbol, or any other inscription or marking in contravention of regulation 10(2) or 12(1) or (2) above, shall be guilty of an offence.
2
Any person who issues an EC declaration of conformity in relation to type or an EC declaration of conformity in relation to applicable terminal equipment in contravention of regulation 36 or 48 above shall be guilty of an offence.
;
f
for Schedules 2 to 4, there shall be substituted the following Schedules —
SCHEDULE 2
THE CE MARKING
Regulation 10(5)(a)
1
In the CE marking, the initials CE shall take the form shown below —
For the avoidance of doubt, it is hereby declared that the grid providing the background in the above graduated drawing is not part of the CE marking.
2
If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.
3
The various components of the CE marking must have substantially the same vertical dimension, which may not be less than 5 mm.
SCHEDULE 3
FORM OF THE CONNECTION SYMBOL
Regulation 10(5)(c)
1
The connection symbol shall take the form shown below —
For the avoidance of doubt, it is hereby declared that the grid providing the background in the above graduated drawing is not part of the connection symbol.
2
If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.
3
The various components of the above drawing must have substantially the same vertical dimension as the CE marking, which may not be less than 5 mm.
SCHEDULE 4
FORM OF THE NON-CONNECTION SYMBOL
Regulations 6(2) and 12(1)(d)(ii)
1
The non-connection symbol shall take the form shown below —
For the avoidance of doubt, it is hereby declared that the grid providing the background in the above graduated drawing is not part of the connection symbol.
2
If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.
3
The various components of the above drawing must have substantially the same vertical dimension as the CE marking, which may not be less than 5 mm.
.
Transitional provisions
8
1
This regulation shall apply to make provision in respect of —
a
the supply of terminal equipment before 1 January 1997; and
b
the putting into service or connection to a public telecommunications network of such equipment before that date, and after that date, where such equipment was supplied before that date,
in relation to which the responsible person elects, pursuant to Article 14.2 of the CE Marking Directive, to affix the CE mark.
2
Where this regulation applies, the principal Regulations shall have effect as if the amendments made by regulation 7 above had not come into force.
3
Where the letters “CE” are affixed in relation to terminal equipment but the requirements of regulation 12 and Schedule 2 of the principal Regulations as substituted by regulation 7 above are not complied with, then, unless the responsible person has demonstrated an intention to comply with those provisions as so substituted, then he shall be presumed to have elected to affix the CE mark.
PART IV
SATELLITE EARTH STATION EQUIPMENT
Effect
9
1
Subject to paragraph (2) below, this Part shall have effect for the purposes of extending the principal Regulations to satellite earth station equipment pursuant to the Satellite Earth Station Equipment Directive.
2
This part extends the principal Regulations (as amended by Parts II and III of these Regulations) to satellite earth station equipment, save that Part III of these Regulations shall have effect in relation to satellite earth station equipment as if regulation 8 above were omitted.
Application of the principal Regulations to satellite earth station equipment
10
The principal Regulations shall apply to satellite earth station equipment (whether or not intended for connection to the public telecommunications network) as they apply to applicable terminal equipment, save that they shall have effect in relation to satellite earth station equipment as if —
a
in regulation 3 —
i
in paragraph (2) —
aa
the definitions of “connection marking requirements” and “intended purpose declaration” were omitted; and
bb
there were inserted, at the appropriate places in alphabetical order, the following definitions —
“Community internal production control procedure” means the conformity assessment requirements;
;
“marking requirements” shall be construed in accordance with regulation 10 below;
“network equipment” means purpose-built satellite earth station equipment intended for use as part of the public telecommunications network of a member State, and, without prejudice to the generality of the foregoing, includes gateway satellite earth stations for major trunking applications within the context of the infrastructure provision (such as large size diameter stations) and satellite tracking and control earth stations;
;
“satellite earth station equipment” means equipment which is capable of being used for —
transmission only (“transmit equipment”);
transmission and reception (“transmit-receive equipment”); or
reception only (“receive-only equipment”),
of radio-communication signals by means of satellites or other space-based systems, but excluding network equipment;
; and
“terrestrial connection to the public telecommunications network” means any connection to the public telecommunications network which does not include a space segment;
; and
ii
there were added at the end the following paragraph —
7
In relation to satellite earth station equipment, an intended purpose declaration is a declaration —
a
made by the manufacturer or supplier of the equipment pursuant to Article 1.3 of the Satellite Earth Station Equipment Directive, declaring if the equipment is either intended for, or not intended for, terrestrial connection to the public telecommunications network; and
b
in the case of equipment not intended for such connection, in the model provided for in Annex VII to the TTE Directive, the English form of which is set out in Schedule 5 to these Regulations.
;
b
in regulation 5(1) —
i
in its application to satellite earth station equipment which is not intended for terrestrial connection to the public telecommunications network, sub-paragraphs (b), (d), (f) and (g) were omitted; and
ii
in the application of paragraph (e) to transmit and transmit-receive equipment, the reference to the effective use of the radio frequency spectrum included a reference to the effective use of orbital resources and the avoidance of harmful interference between space-based and terrestrial communications systems and other technical systems;
c
for regulations 8 and 9 there were substituted the following regulations —
Requirements for supply, putting into service and connection of satellite earth station equipment to a public telecommunications network
8
The requirements of this regulation are that —
a
an intended purpose declaration has been made;
b
the equipment satisfies the essential requirements;
c
the conformity assessment requirements have been complied with; and
d
the marking requirements are complied with.
9
1
The conformity assessment requirements for satellite earth station equipment are that the following requirements —
a
for transmit and transmit-receive equipment, the requirements of either Part III (the EC type-examination procedure) or Part IV (the EC declaration of conformity procedure) of these Regulations;
b
for receive-only equipment which is intended for terrestrial connection to the public telecommuncations network —
i
as far as its terrestrial interface is concerned, the requirements of either the said Part III or Part IV;
ii
as far as other elements are concerned, either the requirements of the said Part III or Part IV, or of Part IVA of these Regulations (the Community internal production control procedure); and
c
for receive only equipment which is not intended for terrestrial connection to the public telecommunications network, the requirements of the said Part III, IV or IVA,
are complied with, in each case the option being in accordance with the choice of the manufacturer or his authorized representative.;
d
in regulation 10 —
i
the word “connection” was omitted in the heading and in the headpiece to paragraph (1);
ii
to paragraph (1)(a)(ii) there were added at the end the following —
(save in relation to receive-only equipment not intended for connection to the public telecommunications network and which has been subject to the Community internal production control procedure);
iii
in paragraph (1)(a)(iii), the words “where relevant,” were inserted before the words “the connection symbol”; and
iv
in paragraph (6), for the reference to the TTE Directive there were substituted a reference to the Satellite Earth Station Equipment Directive;
e
in regulation 12, paragaph (4) were omitted;
f
after Part IV there were inserted the Part set out in the Schedule to these Regulations; and
g
in Schedule 5 —
i
the heading was —
SCHEDULE 5
MODEL OF THE INTENDED PURPOSE DECLARATION FOR SATELLITE EARTH STATION EQUIPMENT NOT INTENDED FOR TERRESTRIAL CONNECTION TO THE PUBLIC TELECOMMUNICATIONS NETWORK
Regulation 3(6)
; and
ii
for the reference to Directive 91/263/EEC on the approximation of the laws of the Member States concerning telecommunications terminal equipment there were substituted a reference to Directive 93/97/EEC supplementing Directive 91/263/EEC in respect of satellite earth station equipment.
Ian Taylor
Parliamentary Under Secretary of State for Trade and Technology,
Department of Trade and Industry
7th December 1994


text:
Citation and commencement
1
These Regulations may be cited as the Boiler (Efficiency) (Amendment) Regulations 1994 and shall come into force on 1st January 1995.
Amendment of the Boiler (Efficiency) Regulations 1993.
2
The Boiler (Efficiency) Regulations 1993 are amended as follows —
a
in regulation 2(1) (interpretation) for the definition of “the Community” substitute
“the Community” means the areas of the Communities and of the States which are Contracting Parties to the Agreement on the European Economic Area signed in Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993 (but until that agreement comes into force in relation to Liechtenstein does not include Liechtenstein), and Member States shall be construed accordingly
;
b
at the end of regulation 8(1) (notified bodies) add “, together with the specific tasks which those bodies have been appointed to carry out and the identification numbers assigned to them beforehand by the Commission”;
c
for regulation 12 (enforcement) substitute —
12
1
It shall be the duty of an enforcement authority to enforce these Regulations in their area and proceedings in England, Wales and Northern Ireland shall only be instituted by an enforcement authority, except in the case of Northern Ireland, where the Director of Public Prosecutions for Northern Ireland may also institute proceedings.
2
Nothing in these Regulations shall authorise an islands or regional council to bring proceedings in Scotland for an offence.
3
In this regulation “enforcement authority” means —
a
in England and Wales and Scotland, a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985 (local weights and measures authorities) ; and
and
b
in Northern Ireland, the Department of Economic Development.
;
d
in regulation 14(3) (defences) after the words, “hearing of the proceedings” add — “or, in Scotland, the diet of trial”;
e
in regulation 15(4) (liability of person other than principal offender) for “In Scotland, where a partnership” substitute “Where a Scottish partnership”;
f
at the end of regulation 16 (transitional provisions) add “, or, before 1st January 1997, those which comply with the provisions in these regulations relating to the marking of boilers or appliances in force before 1st January 1995, provided the boiler or appliance complies with all other provisions of these Regulations.”;
g
after paragraph 4(4) of Schedule 5 (conformity to type and quality assurance) insert —
4A
For a period of two years starting on 1st January 1995; sub-paragraph (3) shall have effect with the substitution of the words “symbol or number” for “number”.
; and
h
after paragraph 9(5) of Schedule 5 insert —
6
For a period of two years starting on 1st January 1995, sub-paragraph (3) shall have effect with the substitution of “symbol or number” for “number”.
John Gummer
Secretary of State for the Environment.
2nd December 1994


text:
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Geography) (England) (Amendment) Order 1994 and shall come into force on 1st August 1994.
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Geography) (England) ( No. 2) Order 1991 is amended as follows:
a
in article 1(1) for “articles 2 to 5” there is substituted “articles 2 to 4”;
b
in article 1(4) —
i
the reference to and the definition of “Document 2” are omitted;
ii
for “, third and fourth” there is substituted “and third”;
iii
for “(a) to (d)” there is substituted “(a) to (c)”; and
iv
for “Documents 1 and 2” there is substituted “Document 1”;
c
article 5 is omitted;
d
in article 6(1) for “Documents 1 and 2” there is substituted “Document 1”;
e
articles 7(2) and 8(2) are omitted;
f
after article 8 there is inserted the following article —
8A
In Document 1, the references to key stage 4 in the foreword, contents and title pages are omitted; in attainment targets 1-5 the statements of attainment for levels 8-10 are omitted; and the programme of study for key stage 4 is omitted.
; and
g
in article 9 for “Documents 1 and 2” there is substituted “Document 1” and “and the other provisions so printed in Document 2” is omitted.
John Patten
Secretary of State for Education
6th July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cornwall Healthcare National Health Service Trust (Transfer of Trust Property) (No. 3) Order 1994 and shall come into operation on 6th October 1994.
2
In this Order:
“The first Trust” means the Northern Devon Healthcare National Health Service Trust;
“the second Trust” means the Cornwall 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 first Trust and the second Trust on 14th December 1993, which schedule has been signed on behalf of both the first Trust and second Trust.
Transfer of Trust Property
2
On 6th October 1994 the trust property shall be transferred from the first Trust to the second Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
8th September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Kingston and District Community National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 16th November 1994.
2
In this Order —
“the Authority” means the Kingston and Richmond Health Authority;
“the Trust” means the Kingston and District Community 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 23rd August 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th November 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
18th October 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Scotland Healthcare National Health Service Trust (Appointment of Trustees) Order 1994, and shall come into force on 1st October 1994.
2
In this Order —
“ the Act ” means the National Health Service (Scotland) Act 1978;
“the Trust” means the Central Scotland Healthcare National Health Service Trust.
Appointment of trustees
2
The chairman, non-executive directors and executive directors of the Trust are appointed trustees ex officiis for the purpose of holding any property which is to be held in trust on behalf of the Trust under section 12G of the Act.
Ian Lang
One of Her Majesty’s Principal Secretaries of State
St Andrew’s House,
Edinburgh
15th September 1994


text:
Citation and commencement
1
1
This Order may be cited as the Vale of Glamorgan (Barry and Dinas Powys Communities) Order 1994.
2
This Order shall come into force on 1st March 1994 for any purpose set out in regulation 4(1) (Coming into operation of order) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes this Order shall come into force on 1st April 1994.
Changes in area
2
The part of the community of Dinas Powys which is shown hatched in black on the boundary map prepared by the Welsh Office, marked “Map of the Vale of Glamorgan (Barry and Dinas Powys Communities) Order 1994” shall–
a
be transferred to the community of Barry;
b
form part of the Cadoc ward of that community;
c
form part of the Cadoc ward of the borough of Vale of Glamorgan; and
d
form part of the Cadoc electoral division of the county of South Glamorgan.
John Redwood
Secretary of State for Wales
26th January 1994


text:
Citation and commencement
1
This Order may be cited as the River Humber (Upper Burcom Cooling Works) Order 1994 and shall come into force on 21st July 1994.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 1992 ;
“the deposited plans” means the plans, of a kind described in rule 7(1)(a) and (3) of the Applications Rules, which were prepared in connection with the application for this Order;
“the sections” means the sections, of a kind described in rule 7(2) of the Applications Rules, which were prepared in connection with the application for this Order;
“ the undertaker ” means Humber Power Limited;
“the works” means the works specified in the Schedule to this Order as shown on the deposited plans and the sections and any works constructed in connection therewith and includes any modification to the alignment of those works from the lines or situations shown on the deposited plans within the limits of deviation and any deviation from the levels shown on the sections whether upwards ordownwards.
2
Where the sections or the deposited plans were revised before this Order was made, any reference to them in this Order is to the latest version submitted to the Secretary of State under the Applications Rules.
Special exemptions
3
Paragraph (ii) of section 9 (Licences for execution of works) of the Humber Conservancy Act 1899 and subsection (2) of section 6 (No erections in Humber below river lines or without licence above river lines) of the Humber Conservancy Act 1905 shall not apply to the works.
Certification of plans, etc.
4
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the sections and the deposited plans to the Secretary of State for certification that they are true copies of, respectively, the sections and plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of its contents.
C. C. Wilcock
An Under Secretary,
Department of Trade and Industry
1st July 1994


text:
Citation and Commencement
1
These Regulations may be cited as the Education (Lay Members of Appeal Committees) Regulations 1994 and shall come into force on 6th June 1994.
Interpretation
2
In these Regulations
“the 1993 Act ” means the Education Act 1993;
“appeal committee” means (as the case may require) an appeal committee constituted in accordance with Part 1 of Schedule 2 of the Education Act 1980 or in accordance with the instrument of government of a grant-maintained school for the purposes of paragraph 5(1) of Schedule 6 to the 1993 Act;
“appropriate authority” means (as the case may require):
the local education authority or the governing body of an aided or special agreement school required by section 7 of the Education Act 1980 or section 26 of the Education (No.2) Act 1986 to make arrangements for enabling appeals to be made to an appeal committee; or
the governing body of a grant-maintained school required by the articles of government for the school to make arrangements for appeals to an appeal committee. Duty to advertise.
3
1
Subject to paragraph (3) below, the appropriate authority shall, on or before 1st September 1994 and thereafter in every three year period following the date upon which an advertisement (or the final advertisement of a series of advertisements) was last published in accordance with this regulation, secure the publication of an advertisement for lay members of appeal committees constituted by that authority.
2
The advertisement referred to in paragraph (1) above shall —
a
identify by name, class, or general description the schools served by the appeal committees to which the advertisement relates;
b
be placed in at least one local newspaper circulating in the area in which the schools identified in the advertisement are situated;
c
allow a period of at least 21 days from the date of publication of the advertisement for replies.
3
The duty under paragraph (1) above shall not be required to be performed before 1st September 1994 if the appropriate authority has in 1994, but before the coming into force of these Regulations, secured the publication of an advertisement which meets the requirements of this regulation and any such advertisement (or the final advertisement of a series of advertisements) shall be deemed to have been published on the date of coming into force of these Regulations.
Consideration of candidates
4
Before nominating any lay member of an appeal committee the appropriate authority shall consider any eligible candidate who has responded to the most recent advertisement or series of advertisements placed by or on behalf of the appropriate authority in accordance with regulation 3 indicating that he wishes to be considered for such nomination.
John Patten
Secretary of State for Education
10th May 1994
John Redwood
Secretary of State for Wales
12th May 1994


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1994 and shall come into force on 1st October 1994.
Preliminary
2
The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to Schedule 1B (date of application and cessation of certain type approval requirements)
3
1
Schedule 1B shall be amended as follows.
2
For paragraph 1 of Part I there shall be substituted the following paragraph —
1
This Part of this Schedule has effect subject to Parts III and IV of this Schedule.
.
3
After Part III, there shall be added the provisions set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under-Secretary of State,
Department of Transport
20th August 1994


text:
Citation and interpretation
1
1
This Order may be cited as the Local Government Finance Act 1992 (Commencement No.9 and Transitional Provision) Order 1994.
2
In this Order, “ the Act ” means the Local Government Finance Act 1992.
Commencement of provisions
2
Subsections (2) and (3) of section 110 of the Act shall come into force on 31st March 1995.
3
Sub-paragraph (1) of paragraph 37 of Schedule 13 to the Act shall come into force on 1st April 1995.
Transitional provision
4
Nothing in this Order shall affect the operation of section 7A of the Local Government (Scotland) Act 1975 , or of any order made under that section, in relation to any financial year beginning before 1st April 1995.
Allan Stewart
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
7th December 1994


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


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Functions of Family Health Services Authorities in London) Regulations 1994 and shall come into force on 3rd March 1994.
2
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“ FHSA ” means Family Health Services Authority; and
“Family Health Services Authority” means a body of that name established by the Secretary of State under section 10(1) of the Act ;
“London” means the London Initiative Zone defined in the Schedule to these Regulations.
Additional function of Family Health Services Authorities in London
2
1
Subject to paragraphs (3) to (5) and to any other directions given by the Secretary of State in exercise of a power conferred by the Act, each FHSA whose duty it is to arrange for the provision of general medical services in any part of London has the additional function set out in paragraph (2) below, which is prescribed for the purposes of section 15(1)(b) of the Act .
2
The additional function referred to in paragraph (1) is to make practice premises available, to the extent (if any) that an FHSA considers appropriate, for medical practitioners with whom it has made arrangements for the provision of general medical services in its locality (or such part of it as is in London); and for that purpose, on behalf of the Secretary of State, to acquire land (otherwise than in the exercise of powers of compulsory purchase) and to dispose of, control, maintain, equip, develop and manage it.
3
An FHSA shall not acquire any land for the purposes of the function mentioned in paragraph (2) after 31st March 1996.
4
Regulation 11(1) of the National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1991 shall not apply to the performance by an FHSA of the function referred to in paragraph (2).
5
In performing the function set out in paragraph (2), an FHSA shall have regard to all the circumstances which it considers relevant, including the availability of resources.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister of State,
Department of Health
8th February 1994


text:
1
These Regulations may be cited as the Merchant Shipping (Seamen’s Wages and Accounts) (Amendment) Regulations 1994 and shall come into force on 13th April 1994.
2
The Merchant Shipping (Seamen’s Wages and Accounts) Regulations 1972 shall be further amended by the substitution for regulation 6 of the following:
6
The maximum amount which may be deducted from a seaman’s wages in respect of any number of breaches of his obligations under the crew agreement —
a
by virtue of regulation 5(c), shall be £300; and
b
by virtue of regulation 5(d), shall be £300.
.
Signed by authority of the Secretary of State for Transport
Mackay of Ardbrecknish
Parliamentary Under Secretary of State,
Department of Transport
16th March 1994