text:
1
1
This Order may be cited as the Gaming (Small Charges) (Amendment) Order 1995 and shall come into force on 1st August 1995.
2
This Order does not extend to Scotland.
2
Article 2(a) of the Gaming (Small Charges) Order 1992 shall be amended by substituting for the words “the sum of £6” the words “the sum of £15”.
Home Office
Michael Forsyth
Minister of State.
30th June 1995


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These rules may be cited as the Pipe-lines (Inquiries Procedure) Rules 1995 and shall come into force on 1st June 1995.
Interpretation
2
1
In these Rules, unless the context otherwise requires,
“ the Act ” means the Pipe-lines Act 1962 ;
“application” means an application for the grant of an authorisation or an order and “applicant” means the person who makes the application;
“assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or a re-opened inquiry to advise the inspector on such matters as the Secretary of State may specify;
“authorisation” means a pipe-line construction authorisation for which an application has been made to the Secretary of State under section 1 of the Act or a pipe-line diversion authorisation for which an application has been made to the Secretary of State under section 3 of the Act;
“document” includes a photograph, map or plan;
“inquiry” means any inquiry to which these Rules apply;
“inspector” means a person appointed by the Secretary of State to hold an inquiry or a re-opened inquiry;
“order” means a compulsory purchase order under section 11 of the Act or a compulsory rights order under section 12 of the Act for which an application has been made to the Secretary of State;
“outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry;
“person entitled to appear at an inquiry” means a person described in rule 10 and cognate expressions shall be construed accordingly;
“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that it is conducted efficiently and expeditiously, and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;
“relevant date” means the date of the Secretary of State’s written notice to the applicant, the relevant planning authority and statutory objectors of his intention to cause an inquiry to be held and “relevant notice” means that notice;
“relevant planning authority” means a local planning authority within the meaning of the Town and Country Planning Act 1990 ;
“statement of case” means a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry and a list of any documents which that person intends to refer to or put in evidence;
“statutory objector” means, where the Secretary of State has caused an inquiry to be held —
under paragraph 4(1) of Schedule 1 to the Act, any person who has duly made an objection to the authorisation in accordance with the said Schedule and whose objection has not been withdrawn; or
under paragraph 4(1) of Schedule 2 to the Act, any owner, lessee or occupier (except a tenant for a month or any period less than a month) of any land proposed to be comprised in the order who has duly made an objection to the application in accordance with the said Schedule, and whose objection has not been withdrawn or disregarded under paragraph 4(3) of the said Schedule.
2
In these Rules, unless the context otherwise requires —
a
any reference to a numbered section or Schedule is a reference to that section of, or that Schedule to, the Act; and
b
any reference in a rule to a paragraph is a reference to a paragraph of that rule.
Application of the Rules
3
1
These rules apply in relation to any inquiry caused by the Secretary of State to be held in England or Wales under the provisions of paragraphs 4 and 6A of Schedule 1 to the Act for the purpose of an application, or under the provisions of paragraph 4 of Schedule 2 to the Act for the purpose of an Order.
2
The provisions of subsections (1) and (3) of section 47 of the Act, which apply the provisions of subsections (2) to (5) of section 250 of the Local Government Act 1972 , apply to these rules.
Procedure before inquiry
4
1
The Secretary of State shall, as soon as possible, notify the applicant of the substance of each objection received by him from a statutory objector and, so far as possible, of the substance of other objections.
2
The Secretary of State may cause a pre-inquiry meeting to be held if it appears to him desirable and where he does so the following provisions shall apply.
3
The Secretary of State shall serve with the relevant notice a notification of his intention to cause a pre-inquiry meeting to be held and a statement of the matters about which he particularly wishes to be informed for the purposes of his consideration of the application in question; and where another Minister of the Crown or a government department has expressed in writing to the Secretary of State a view that the application should not be granted either wholly or in part, or should be granted only subject to conditions, the Secretary of State shall set this out in his statement and shall supply a copy of the statement to the Minister or government department concerned.
4
In respect of each locality through which the proposed pipe-line is to pass, the applicant shall cause to be published in one or more newspapers circulating in that locality, a notice of the Secretary of State’s intention to cause a pre-inquiry meeting to be held and of the statement served in accordance with paragraph (3).
5
The notice published pursuant to paragraph (4) shall refer to and include the text of any statement served in accordance with paragraph (3).
6
The applicant and any statutory objector shall, not later than 8 weeks after the relevant date, serve an outline statement on each other and on the Secretary of State.
7
The Secretary of State may in writing require any person who has notified him of an intention or a wish to appear at an inquiry to serve, within 4 weeks of being so required, an outline statement on the Secretary of State, on any statutory objector and on the applicant.
8
The pre-inquiry meeting shall be held not later than 16 weeks after the relevant date.
9
The Secretary of State shall give not less than 3 weeks' written notice of the pre-inquiry meeting to any statutory objector, the applicant, any person known at the date of the notice to a be a person entitled to appear at the inquiry and any other person whose presence at the pre-inquiry meeting seems to him to be desirable; and he may require the applicant to take, in relation to notification of the pre-inquiry meeting, one or more steps which he may under rule 9 require him to take in relation to notification of the inquiry.
10
The inspector shall preside at the pre-inquiry meeting and shall determine the matters to be discussed and the procedure to be followed, and he may require any person present at the meeting who, in his opinion, is behaving in a disruptive manner to leave it, and he may refuse to permit that person to return or to attend any further pre-inquiry meeting, or may permit him to return or to attend only on such conditions as he may specify.
Inspector’s power to hold pre-inquiry meetings
5
1
An inspector may hold a pre-inquiry meeting where he considers it desirable (whether or not one was held pursuant to rule 4(2)), and shall arrange for not less than 3 weeks' written notice of any such meeting to be given to the applicant, any statutory objector, any person known at the date of the notice to be a person entitled to appear at the inquiry and any other person whose presence at the meeting appears to him to be desirable.
2
Rule 4(10) shall apply to a pre-inquiry meeting held in accordance with this rule.
Inquiry time-table
6
Where a pre-inquiry meeting is held, an inspector shall (so far as is reasonably practicable) and, in any other case may, arrange a time-table for the proceedings at, or at any part of, an inquiry and may at any time vary the time-table.
Service of statement of case, etc.
7
1
Subject to paragraphs (4) and (7), each of —
a
the applicant;
b
any person who, having notified the Secretary of State of his intention or wish to appear at the inquiry, has been required in writing by the Secretary of State to comply with the requirements of this paragraph; and
c
any statutory objector,
shall serve a statement of case on each of the others and on the Secretary of State.
2
A statement of case required to be served by the applicant and any statutory objector shall be served not later than —
a
6 weeks after the relevant date, or
b
in any case where the Secretary of State or the inspector causes a pre-inquiry meeting to be held pursuant to rule 4(2) or rule 5(1), 4 weeks after the conclusion of that meeting.
3
Any other statement of case shall be served not later than 4 weeks after the date of the Secretary of State’s notice requiring it to be served.
4
The statement of case mentioned in paragraph (1) or, as the case may be, paragraph (3), shall be served no later than the day which is 4 weeks before the date fixed for the holding of the inquiry, where that day falls within whichever of the periods mentioned in either of those paragraphs is applicable to the case.
5
The Secretary of State shall inform any person from whom he requires a statement of case in accordance with paragraph (1)(b) of the name and address of every person on whom the statement of case is required to be served.
6
The Secretary of State or the inspector may require any person who has served a statement of case in accordance with this rule to provide each of those on whom a statement of case has been served, the Secretary of State and the inspector with such further information about the matters contained in the statement as he may specify.
7
Any further information served pursuant to paragraph (6), shall be served not later than 4 weeks after the date of the Secretary of State’s notice requiring it to be served.
8
Any person serving a statement of case shall serve with it a copy of any document, or the relevant part of any document, referred to in it.
9
Where the Secretary of State considers it expedient, having regard to the number of statutory objectors and the length of a statement of case, he may authorise any person required to serve a statement of case under paragraph (1)(b) to serve it only on the applicant and himself; and where the Secretary of State so authorises he shall make arrangements for notice to be given to the other parties referred to in paragraph (1), stating the times and places at which they may examine the statement of case and, where practicable, take copies of it.
Notification of appointment of assessor
8
Where the Secretary of State appoints an assessor to sit at an inquiry, he shall notify every person entitled to appear at the inquiry of the name of the assessor and of the matters on which he is to advise the inspector.
Date and notification of inquiry
9
1
The date fixed by the Secretary of State for the holding of an inquiry shall be not later than —
a
22 weeks after the relevant date; or
b
in a case where the Secretary of State or the inspector causes a pre-inquiry meeting to be held pursuant to rule 4(2) or rule 5(1), 8 weeks after the conclusion of that meeting.
2
Where the Secretary of State considers it impracticable to fix a date in accordance with paragraph (1) the date fixed shall be the earliest date after the end of the period mentioned in that paragraph which he considers to be practicable.
3
Unless the Secretary of State agrees a lesser period of notice with the applicant and statutory objectors, he shall give to every person entitled to appear at the inquiry not less than 4 weeks' written notice of the date, time and place fixed by him for the holding of an inquiry.
4
The Secretary of State may vary the date fixed for the holding of an inquiry, whether or not the date so varied is within the period mentioned in paragraph (1), and paragraph (3) shall apply to a date so varied as it applied to the date originally fixed.
5
The Secretary of State may also vary the time or place for the holding of an inquiry and shall give such notice of any such variation as appears to him to be reasonable.
6
The Secretary of State may require the applicant to take one or more of the following steps —
a
to cause to be published not less than 14 days before the date fixed for holding the inquiry a notice of the inquiry in one or more newspapers circulating in each of the localities through which the proposed pipe-line is to run;
b
to serve within such period as he may specify a notice of the inquiry on such persons or classes of persons as he may specify; and
c
within such period as he may specify, to post a notice of the inquiry in conspicuous places near to the route of the proposed pipe-line.
7
Any notice of the inquiry published, served or posted pursuant to paragraph (6) shall specify the date and time of the inquiry and the full address of where it is to be held, shall clearly identify the route of the pipe-line and shall specify the powers enabling the Secretary of State to determine the application.
Appearances at inquiry
10
1
The persons entitled to appear at an inquiry are —
a
the applicant;
b
any statutory objector;
c
the relevant planning authority;
d
any of the following bodies if the route of the proposed pipe-line runs through land situated in their area and they are not the relevant planning authority —
i
a county or district council (including the council of the Isles of Scilly);
ii
a National Park Committee within the meaning of paragraph 5 of Schedule 17 to the Local Government Act 1972 ;
iii
a joint planning board constituted under section 2(1) of the Town and Country Planning Act 1990 ; or a joint planning board or special planning board reconstituted under Part I of Schedule 17 to the Local Government Act 1972;
iv
an urban development corporation established under section 135 of the Local Government, Planning and Land Act 1980 ;
e
where land along the route of the proposed pipe-line is an area designated as a new town, the development corporation for the new town or the Commission for the New Towns as its successor;
f
any other person who has served a statement of case in accordance with rule 7(1)(b) or who has served an outline statement in accordance with rule 4(7).
2
Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at an inquiry, and such permission shall not unreasonably be withheld.
3
Any person entitled or permitted to appear may do so on his own behalf or be represented by counsel, solicitor or any other person.
4
An inspector may allow one or more persons to appear for the benefit of some or all of any persons having a similar interest in the matter under inquiry.
Representatives of government departments at inquiry
11
1
Where a government department has expressed a view such as is mentioned in rule 4(3) and the Secretary of State has included its terms in a statement served in accordance with that rule or rule 7(5), a representative of the government department concerned shall be made available to attend the inquiry.
2
A person attending an inquiry as a representative in pursuance of this rule shall state the reasons for the expression of the view in question and shall give evidence and be subject to cross-examination to the same extent as any other witness.
3
Nothing in paragraph (2) shall require a representative of a government department to answer any question which in the opinion of the inspector is directed to the merits of government policy.
Proofs of evidence
12
1
Where a person entitled to appear at an inquiry proposes to give, or to call another person to give, evidence at the inquiry by reading a proof of evidence, he shall send a copy of the proof to the inspector together with, subject to paragraph (2), a written summary.
2
No written summary shall be required where the proof of evidence proposed to be read contains no more than 1,500 words.
3
The proof and any summary shall be sent to the inspector not later than —
a
3 weeks before the date fixed for the holding of the inquiry; or
b
where a time-table has been arranged pursuant to rule 6 which specifies a date by which the proof and any summary shall be sent to the inspector, that date.
4
Where the applicant or any statutory objector sends a copy of a proof to the inspector in accordance with paragraph (1), with or without a summary, he shall at the same time send a copy of that proof and any summary to the other parties set out in rule 7(1) and rule 10(1); and where any other party listed in rule 7(1) and rule 10(1) so sends a copy of such documents he shall at the same time send a copy to the applicant and any (or any other) statutory objector.
5
Where a written summary is provided in accordance with paragraph (1), only that summary shall be read at the inquiry, unless the inspector permits or requires otherwise.
6
Any person required by this rule to send a copy of a proof to any other person shall send with it a copy of the whole, or the relevant part, of any documents referred to in it, unless a copy of the document or part of the document in question is already available for inspection pursuant to rule 7(9).
7
The applicant and the relevant planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any document sent to or by them in accordance with this rule.
Procedure at inquiry
13
1
Except as otherwise provided in these rules, the inspector shall determine the procedure at the inquiry.
2
Unless in any particular case the inspector with the consent of the applicant otherwise determines, the applicant shall begin and have the right of final reply; and other persons entitled or permitted to appear shall be heard in such order as the inspector may determine.
3
A person entitled to appear at an inquiry shall be entitled to call evidence and the applicant, the relevant planning authority and any statutory objector shall be entitled to cross-examine any person giving evidence but, subject to paragraphs (4) and (5), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the inspector’s discretion.
4
The inspector may refuse to permit —
a
the giving or production of evidence;
b
the cross-examination of persons giving evidence; or
c
the presentation of any other matter,
which he considers to be irrelevant or repetitious; but where he so refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any written evidence or other matter in writing before the close of the inquiry.
5
Where a person gives evidence at an inquiry by reading a summary of his evidence in accordance with rule 12(5), the proof of evidence referred to in rule 12(1) shall, unless the person required to supply the summary notifies the inspector that he now wishes to rely on the contents of that summary only, be treated as tendered in evidence, and the person whose evidence the proof contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.
6
The inspector may direct that facilities shall be afforded to any person appearing at the inquiry to take or obtain copies of documentary evidence open to public inspection.
7
The inspector may require any person appearing or present at the inquiry who, in his opinion, is behaving in a disruptive manner to leave it and may refuse to permit that person to return, or may permit him to return only on such conditions as he may specify; but any such person may submit to him any written evidence or other matter in writing before the close of the inquiry.
8
The inspector may allow any person to alter or add to a statement of case served under rule 7 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any fresh matter or document.
9
The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.
10
The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry provided he discloses it at the inquiry.
11
The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry before the adjournment, no further notice shall be required.
Site inspections
14
1
The inspector may make an unaccompanied inspection of the route of the proposed pipe-line before or during an inquiry without giving notice of his intention to the persons entitled to appear at the inquiry.
2
The inspector may, during an inquiry or after its close, inspect the route of the proposed pipeline in the presence of the applicant, the relevant planning authority and, subject to paragraph (3), any statutory objector; and he shall make such an inspection if he is so requested by the applicant or the relevant planning authority before or during an inquiry.
3
Where the inspector inspects the proposed route of the pipe-line after the close of an inquiry, a statutory objector shall only be entitled to accompany him on that inspection if the objector appeared at the inquiry.
4
In all cases where the inspector intends to make an inspection of the kind referred to in paragraph (2) he shall announce during the inquiry the date and time at which he proposes to make it.
5
The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
Procedure after inquiry
15
1
After the close of an inquiry, the inspector shall make a report in writing to the Secretary of State which shall include his conclusions and recommendations or his reasons for not making any recommendation.
2
Where an assessor has been appointed, he may, after the close of an inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise.
3
Where an assessor makes a report in accordance with paragraph (2), the inspector shall append it to his own report and shall state in his own report how far he agrees or disagrees with the assessor’s report and, where he disagrees with the assessor, his reasons for that disagreement.
4
If, after the close of the inquiry, the Secretary of State —
a
differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector; or
b
takes into consideration any new evidence or new matter of fact (not being a matter of government policy),
and is by reason thereof disposed to disagree with a recommendation made by the inspector, he shall not come to a decision which is at variance with that recommendation without first notifying the persons entitled to appear at the inquiry who appeared at it of his disagreement and the reasons for it; and affording them an opportunity of making written representations to him within 3 weeks of the date of notification, or (if the Secretary of State has taken into consideration any new evidence or new matter of fact, not being a matter of government policy) an opportunity of asking within that period for the re-opening of the inquiry.
5
The Secretary of State may, as he thinks fit, cause an inquiry to be re-opened to afford an opportunity for persons to be heard on such matters relating to an application as he may specify, and he shall do so if asked to do so by the applicant, the relevant planning authority, any statutory objector or any other person mentioned in paragraph (1) of rule 10 pursuant to paragraph (4) and in the circumstances and within the period mentioned in that paragraph; and where an inquiry is re-opened (whether by the same or a different inspector) —
a
the Secretary of State shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters specified pursuant to paragraph (5); and
b
rules 9(3) to 9(7) shall apply as if the references to an inquiry were references to a re-opened inquiry.
Notification of decision
16
1
The Secretary of State shall notify his decision on an application and his reasons for it in writing to all persons entitled to appear at the inquiry who did appear at it and any other person who, having appeared at the inquiry, has asked to be notified of the decison.
2
Where a copy of the inspector’s report is not sent with the notification of the decison, the notification shall be accompanied by a statement of his conclusions and of any recommendations made by him; and if a person entitled to be notified of the decison has not received a copy of that report, he shall be supplied with a copy of it on written application made to the Secretary of State within 4 weeks from the date of the decision.
3
In this rule “report” includes any assessor’s report appended to the inspector’s report but does not include any other documents so appended; but any person who has received a copy of the report may apply to the Secretary of State in writing, within 6 weeks of the date of the Secretary of State’s decision, for an opportunity of inspecting any such documents and the Secretary of State shall afford him that opportunity.
Procedure following quashing of decision
17
1
Where a decision of the Secretary of State on an application in respect of which an inquiry has been held is quashed in proceedings before any court, the Secretary of State —
a
shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters which appear to him to be relevant to his further consideration of the application; and
b
shall afford to those persons an opportunity of making, within 3 weeks of the date of such written statement, written representations to him in respect of such matters or of asking for the re-opening of the inquiry; and
c
may, as he thinks fit, cause the inquiry to be re-opened (whether by the same or a different inspector), and, if he does so, rules 9(3) to 9(7) shall apply as if the references to an inquiry were references to a re-opened inquiry.
Allowing further time
18
The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be done by virtue of these Rules, and references in these Rules to a day by which or a period within which any step is required or enabled to be taken shall be construed accordingly.
Service of notices
19
Notices or documents required or authorised to be served or sent under any of the provisions of these rules may be sent by post.
Revocation and savings
20
1
Subject to paragraph (2), the Pipe-lines (Inquiries Procedure) Rules 1967 (“the 1967 Rules ”) are hereby revoked.
2
The 1967 Rules shall continue to apply both to any inquiry which commenced before the date on which these Rules come into force and to any inquiry re-opened under rule 9(4) of the 1967 Rules, and for the purposes of this rule an inquiry shall be taken to have commenced on the day on which the Secretary of State issued the relevant notice under the 1967 Rules of his intention to cause the inquiry to be held.
Mackay of Clashfern, C.
5th May 1995


text:
Citation and Commencement
1
These Regulations may be cited as The City of Sunderland College (Government) Regulations 1995 and shall come into force on 1st January 1996.
Application
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “City of Sunderland College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.


text:
Title, commencement and extent
1
1
This Order may be cited as the Children (Northern Ireland Consequential Amendments) Order 1995.
2
This Order comes into force on such day or days as may be appointed by order made under Article 1(2) of the Children (Northern Ireland) Order 1995 .
3
Subject to paragraphs (4) to (7), this Order extends to the whole of the United Kingdom.
4
Articles 6 and 12(5)(a), (b) and (c) extend to England and Wales only.
5
Articles 7(2) and (3) and 12(3) extend to England and Wales and Northern Ireland.
6
Article 12(5)(d) and (e) extend to Scotland only.
7
Article 13 extends to England and Wales and Scotland.
The Maintenance Orders Act 1950
2
1
The Maintenance Orders Act 1950 shall have effect subject to the following provisions of this Article.
2
In section 12 (contributions under enactments relating to children, etc. ) —
a
in subsection (1)(a) for the words from “section 156” to “that Act)” there shall be substituted the words “Article 41 of the Children (Northern Ireland) Order 1995 (which provides for the recovery from persons liable to contribute of sums in respect of children looked after by an authority under that Order)”;
b
in subsection (2) for the words “section 156” there shall be substituted the words “Article 41”.
3
In section 15(1)(a) (service of process), for sub-paragraph (v) there shall be substituted the following sub-paragraph —
v
Article 164 of and Schedule 7 to the Children (Northern Ireland) Order 1995 or Article 165(2)(g) of that Order; or
.
4
In section 16(2)(c) (application of Part II) —
a
for sub-paragraph (ii) there shall be substituted the following sub-paragraph —
ii
Schedule 1 to the Children (Northern Ireland) Order 1995;
;
b
in sub-paragraph (iv) for the words from the beginning to “1968” there shall be substituted “Article 41 of the Children (Northern Ireland) Order 1995”.
5
In section 18(3) (enforcement of registered orders), for the words from “if it were” to the end there shall be substituted the words “an order made by that court to which Article 98 of the Magistrates' Courts (Norther Ireland) Order 1981 applies, subject to the modifications of that Article specified in subsection (3ZA) of this section”.
6
In section 25 (rules as to procedure of courts of summary jurisdiction), after subsection (2) there shall be inserted the following subsection —
2A
Without prejudice to the generality of the power to make rules under Article 13 of the Magistrates' Courts (Northern Ireland) Order 1981, for the purpose of giving effect to this Part of this Act such rules may make, in relation to any proceedings brought under or by virtue of this Part of this Act, any provision not covered by subsection (2) above which —
a
falls within paragraph (2) of Article 165 of the Children (Northern Ireland) Order 1995, and
b
may be made in relation to relevant proceedings under that Article.
The Army Act 1955
3
In section 151 (1A) of the Army Act 1955 (deductions from pay for maintenance of wife or child), for paragraph (c) there shall be substituted the following paragraph —
c
he is being looked after by an authority (within the meaning of the Children (Northern Ireland) Order 1995).
.
The Air Force Act 1955
4
In section 151(1A) of the Air Force Act 1955 (deductions from pay for maintenance of wife or child), for paragraph (c) there shall be substituted the following paragraph —
c
he is being looked after by an authority (within the meaning of the Children (Northern Ireland) Order 1995).
.
The Social Work (Scotland) Act 1968
5
1
The Social Work (Scotland) Act 1968 shall have effect subject to the following provisions of this Article.
2
In section 72 (supervision of children moving to England or Northern Ireland), for subsection (2) there shall be substituted the following subsections —
2
A juvenile court to which notification of a supervision requirement is sent under this section may make in respect of the child subject to that requirement —
a
if he is over the age of ten years but has not attained the age of fourteen years, a supervision order placing the child under the supervision of a probation officer;
b
if he is over the age of fourteen years, a probation order; or
c
in any case, a supervision order placing him under the supervision of an authority within the meaning of the Children (Northern Ireland) Order 1995.
2A
An order under subsection (2) shall be for a period not exceeding one year beginning with the day on which the notification was sent.
2B
Subject to subsection (2A), the provisions of the Children and Young Persons Act (Northern Ireland) 1968 shall apply to a supervision order under paragraph (a) of subsection (2), the provisions of the Probation Act (Northern Ireland) 1950 shall apply to a probation order under paragraph (b) of that subsection and the provisions of the Children (Northern Ireland) Order 1995 shall apply to a supervision order under paragraph (c) of that subsection as if the supervision or probation order had been made under that Act or Order.
.
3
In section 74 (parent of a child in a residential establishment under a supervision requirement moving to England or Wales or Northern Ireland), for subsection (5) there shall be substituted the following subsection —
5
An order under this section committing a child to the care of an authority within the meaning of the Children (Northern Ireland) Order 1995 shall have effect as if it were a care order under that Order, but as if Article 50(9) were omitted.
.
4
In section 75 (parent of a child subject to a training school order or a committal order moving to Scotland) —
a
in subsection (2), for the words from “a welfare authority in Northern Ireland” to “1947 or” there shall be substituted the words “an authority within the meaning of the Children (Northern Ireland) Order 1995 in Northern Ireland by a care order (other than an interim order) within the meaning of that Order or an order under”;
b
in subsection (3), for the word “welfare” there shall be substituted the word “other”.
5
In section 76(4) (procedure) —
a
for the words “or of a welfare authority” there shall be substituted the words “or of an authority within the meaning of the Children (Northern Ireland) Order 1995”;
b
for the words “or welfare” there shall be substituted the words “or other”.
6
In section 94(1) (interpretation) in the definition of “supervision order”, for the words from “has the meaning assigned to it by section 63(1)(d)” to “1950” there shall be substituted the words “means a supervision order under the Children and Young Persons Act (Northern Ireland) 1968 or the Children (Northern Ireland) Order 1995”.
The Civil Evidence Act 1968
6
In section 12 of the Civil Evidence Act 1968 (findings of adultery and paternity as evidence in civil proceedings) —
a
in subsection (1)(b), after the words “England and Wales” there shall be inserted the words “or Northern Ireland”;
b
in subsection (5), in the definition of “relevant proceedings”, after paragraph (d) add the following paragraph —
e
proceedings which are relevant proceedings as defined in section 8(5) of the Civil Evidence Act (Northern Ireland) 1971
.
The Children and Young Persons Act 1969
7
1
The Children and Young Persons Act 1969 shall be amended in accordance with the following provisions of this Article.
2
In subsection (1) of section 25 (transfers between England or Wales and Northern Ireland) for the words “by a fit person order or by virtue of a training school order or by any order which has effect as if it were a fit person order or by an order under subsection (2) below” there shall be substituted the words “by a relevant order”.
3
After subsection (1) of section 25 there shall be inserted the following subsection —
1A
In subsection (1) above “by a relevant order” means —
a
by a fit person order;
b
by virtue of a training school order; or
c
by an order under subsection (2) below;
where the order in question is not by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 deemed to be a care order within the meaning of that Order.
.
4
In subsection (1) of section 32 (detention of absentees), in paragraph (d), after the word “1968” there shall be inserted the words “(but not deemed by virtue of Schedule 8 to the Children (Northern Ireland) Order 1995 to be the subject of a care order within the meaning of that Order)”.
The Maintenance Orders (Reciprocal Enforcement) Act 1972
8
In section 27B(3) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (sending application to appropriate magistrates' court), for “28C” substitute “28D(1)”.
The Armed Forces Act 1981
9
In section 14(9A) of the Armed Forces Act 1981 (temporary removal to, and detention in, place of safety abroad or in the United Kingdom of service children in need of care or control), for the words “Children and Young Persons Act (Northern Ireland) 1968” there shall be substituted the words “Children (Northern Ireland) Order 1995”.
The Civil Jurisdiction and Judgements Act 1982
10
In paragraph 5(a) of Schedule 5 to the Civil Jurisdiction and Judgments Act 1982 (contributions in respect of children in care, etc.), for the words or section 156 of the “Children and Young Persons Act (Northern Ireland) 1968” there shall be substituted the words “section 156 of the Children and Young Persons Act (Northern Ireland) 1968 or Article 41 of the Children (Northern Ireland) Order 1995”.
The Child Abduction and Custody Act 1985
11
1
The Child Abduction and Custody Act 1985 shall have effect subject to the following provisions of this Article.
2
In sections 9(a) and 20(2)(a) (suspension of court’s powers in cases of wrongful removal and in certain other cases), for the words “section 95(1), 97(2), 143(6) or 144 of the Children and Young Persons Act (Northern Ireland) 1968 (not being a custody order)” there shall be substituted the words “Article 50 of the Children (Northern Ireland) Order 1995”.
3
In section 20(2)(a) (suspension of court’s powers), at the end there shall be added the word “or”.
4
In section 27(4) (references to decision relating to rights of access), after the words “England and Wales” there shall be inserted the words “or Northern Ireland”.
5
In Part III of Schedule 3 (orders in Northern Ireland which are custody orders for the purposes of the Act), for paragraph 8 there shall be substituted the following paragraph —
8
The following orders —
a
a care order under the Children (Northern Ireland) Order 1995 (as defined by Article 49(1) of that Order read with Article 2(2) and Schedule 8);
b
a residence order (as defined by Article 8 of that Order);
c
any order made by a court in Northern Ireland under any of the following enactments —
i
section 5 of the Guardianship of Infants Act 1886 (except so far as it relates to costs);
ii
section 49 of the Mental Health Act (Northern Ireland) 1961;
iii
Article 45(1) or (2) or 46 of the Matrimonial Causes (Northern Ireland) Order 1978;
iv
Article 10(2)(a), 12(1) or 20(1)(ii) of the Domestic Proceedings (Northern Ireland) Order 1980;
v
Article 27(1)(b) of the Adoption (Northern Ireland) Order 1987.
.
The Family Law Act 1986
12
1
The Family Law Act 1986 shall have effect subject to the following provisions of this Article.
2
In section 1 (orders to which Part I applies) —
a
in subsection (1) —
i
for paragraph (c) there shall be substituted the following paragraph —
c
an Article 8 order made by a court in Northern Ireland under the Children (Northern Ireland) Order 1995, other than an order varying or discharging such an order;
, and
ii
for paragraph (e) there shall be substituted the following paragraph —
e
an order made by the High Court in Northern Ireland in the exercise of its inherent jurisdiction with respect to children —
i
so far as it gives care of a child to any person or provides for contact with, or the education of, a child; but
ii
excluding an order varying or discharging such an order;
;
b
in subsection (3), after “1989” there shall be inserted the words “or the Children (Northern Ireland) Order 1995, as the case may be”.
3
In section 34(3) (power to order recovery of child), for paragraph (b) there shall be substituted the following paragraph —
b
Article 14 (enforcement of residence orders) of the Children (Northern Ireland) Order 1995,
.
4
In section 42 (general interpretation of Part I), in subsection (4)(c), for the words “has been boarded out with those parties by or on behalf of the Department of Health and Social Services” there shall be substituted “is placed with those parties as foster parents by an authority within the meaning of the Children (Northern Ireland) Order 1995”.
5
In the following provisions —
a
section 2A(3)(a) (jurisdiction in or in connection with matrimonial proceedings),
b
section 3(3)(a)(habitual residence or presence of child),
c
section 6(4)(a) (duration and variation of custody orders),
d
section 11(2)(a) (provisions supplementary to sections 9 and 10), and
e
section 13(5)(a) (jurisdiction ancillary to matrimonial proceedings),
for the words “21(5)” there shall be substituted the words “19A(4)”.
The Child Support Act 1991
13
In section 26(2) of the Child Support Act 1991 (disputes about parentage) —
a
in paragraph (a)(i) of Case C after the words “Family Law Act 1986” there shall be inserted the words “or Article 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989”;
b
in paragraph (a)(i) of Case F after the words “Civil Evidence Act 1968” there shall be inserted the words “or in proceedings before any court in Northern Ireland which are relevant proceedings for the purposes of section 8 of the Civil Evidence Act (Northern Ireland) 1971”.
The Armed Forces Act 1991
14
1
The Armed Forces Act 1991 shall have effect subject to the following provisions of this Article.
2
In section 17(4)(f) (power to make service family child assessment orders), after the words “Children Act 1989” there shall be added the words “or Article 53 of the Children (Northern Ireland) Order 1995”.
3
In section 18(7)(f) (content, effect, variation and discharge of assessment orders), after the words “Children Act 1989” there shall be added the words “or Article 53 of the Children (Northern Ireland) Order 1995”.
4
In section 20(8)(e) (content and effect of protection orders), after the words “Children Act 1989” there shall be added the words “or Article 53 of the Children (Northern Ireland) Order 1995”.
5
In section 21(4)(b) (duration of protection orders), for the words “Children and Young Persons Act (Northern Ireland) 1968” there shall be substituted the words “Children (Northern Ireland) Order 1995”
6
In section 23(1) (interpretation of Part III) —
a
in the definition of “contact order”, after the words “Children Act 1989” there shall be added the words “or Article 8(1) of the Children (Northern Ireland) Order 1995 as the case may be”;
b
in the definition of “parental responsibility” after the words “Children Act 1989” there shall be added the words “or Article 6 of the Children (Northern Ireland) Order 1995”.
Repeals and revocations
15
The statutory provisions set out in the Schedule are hereby repealed or revoked to the extent specified in the third column of that Schedule.
Saving
16
The repeal or revocation by this Order of any statutory provision relating to affiliation orders shall not affect any order to which paragraph 32 of Schedule 8 to the Children (Northern Ireland) Order 1995 (saving for affiliation orders, etc.) applies and sub-paragraph (3) of that paragraph (power of court to direct that affiliation order shall cease to have effect) shall have effect as if the reference to that Schedule included a reference to this Article.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Cambrian Mountains) Designation (Amendment) Order 1995 and shall come into force on 1st March 1995.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Cambrian Mountains) Designation Order 1986 .
Amendments of the principal Order
3
1
The principal Order shall be further amended in accordance with the provisions of paragraphs (2) to (7) of this article.
2
For paragraph (1) of article 2 (interpretation) there shall be substituted the following paragraph —
1
In this Order: —
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 2 as to public access;
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“bank” means a bank made of stone or earth falling within or forming the boundary of a field;
“broadleaved woodland” means land used for broadleaved woodland where that use is ancillary to the farming of land for other agricultural purposes;
“buffer zone” means a strip of land, other than land which is enclosed unimproved grassland, enclosed partially improved grassland, hay meadow, semi-natural rough grazings or wetland, which borders a rock outcrop and which is at least 2 metres wide;
“enclosed partially improved grassland” means enclosed grassland which has not been regularly ploughed, levelled or reseeded but which has been modified by the application of herbicides, inorganic or organic fertiliser or by intensive grazing or drainage;
“enclosed unimproved grassland” means enclosed grassland which has not been regularly ploughed, levelled, drained or reseeded, or treated with inorganic or organic fertiliser, lime, herbicides or pesticides;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Secretary of State;
“hay meadow” means a meadow cut in the traditional manner the vegetation of which includes a mixture of native grasses, sedges and wild flowers;
“heather” means vegetation consisting of Calluna vulgaris, Erica tetralix, Erica cinerea or Vaccinium myrtillus ;
“livestock unit” means —
1 bovine animal more than two years old, or
1.66 bovine animals from six months old to two years old inclusive, or
6.66 sheep;
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
“rock outcrop” means an area of land where a stratum of underlying rock is exposed above the surface of the ground and which covers an area above ground of not less than nine square metres;
“scrub” means vegetation consisting primarily of locally native shrubs usually less than five metres in height;
“semi-natural rough grazings” means land where the vegetation consists predominantly of bent (Agrostis) , fescue (Festuca) , bracken (Pteridium aqulinum) , purple moor grass (Molinia caerulea) , mat grass (Nardus stricta) , heather (Calluna vulgaris, Erica tetralix, Erica cinerea or Vaccinium myrtillus) , cotton grass (Eriophorum) or deer grass (Trichophorum cespitosum) ;
“traditional farm buildings” means buildings which are in current agricultural use, but excluding living accommodation, and which are built of materials traditional to the locality;
“wetland” means land with a water table at or just below the surface of the soil throughout the majority of the year and includes wet pasture, reed beds, fen bog, willow carr and, except insofar as such land is bordered by broadleaved woodland, enclosed unimproved grassland, enclosed partially improved grassland, hay meadow or semi-natural rough grazings, also includes a strip of land at least 10 metres wide adjoining such land.
.
3
In article 2(2) (interpretation) the words “or Schedule” shall be inserted after the word “article” each time it occurs.
4
For article 4 (requirements to be included in agreement) there shall be substituted the following article —
Requirements to be included in agreement
4
In agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
.
5
After article 4 (requirements to be included in agreement) there shall be inserted the following article —
4A
An agreement may include the requirements as to public access specified in Schedule 2.
.
6
For article 6 (rates of payment under agreement) there shall be substituted the following article —
Rates of payment under agreement
6
1
Subject to paragraph (2) below, the Secretary of State shall make payments under an agreement at the rate of £20 per annum for each hectare of land to which the agreement relates.
2
Where the area of land to which an agreement relates exceeds 20 hectares the Secretary of State shall make payments under the agreement for such land insofar as it exceeds 20 hectares at the following rates —
a
£10 per annum for each hectare of land which exceeds 20 hectares but which is less than 51 hectares;
b
£5 per annum for each hectare of land which exceeds 50 hectares but which is less than 101 hectares; and
c
£3 per annum for each hectare of land which exceeds 100 hectares.
3
Where an agreement includes land of the types to which paragraph 2 of Schedule 1 relates the Secretary of State shall, in addition to any payments made under paragraphs (1) and (2) above, make payments under an agreement for such land at the following rates —
a
£25 per annum for each hectare of unenclosed semi-natural rough grazings which do not include heather;
b
£35 per annum for each hectare of enclosed semi-natural rough grazings which do not include heather, enclosed partially improved grassland or enclosed unimproved grassland;
c
£35 per annum for each hectare of semi-natural rough grazings which include heather;
d
£45 per annum for each hectare of wetland;
e
£35 per annum for each hectare of hay meadow; and
f
£60 per annum for each hectare of buffer zone.
4
Where an agreement includes the requirements as to public access specified in Schedule 2 the Secretary of State shall, in addition to any payments made under paragraphs (1) to (3) above, make payments at the rate of £170 per annum for each hectare of access route.
5
Where an agreement includes the additional provisions specified in Schedule 3 the Secretary of State shall, in addition to any payments made under paragraphs (1) to (4) above, make payments at the following rates —
a
£20 per annum for each hectare of wetland and which under the agreement is subject to the additional provisions specified in paragraph 1 of Schedule 3;
b
£90 per annum for each hectare of broadleaved woodland and which under the agreement is subject to the additional provision specified in paragraph 2 of Schedule 3;
c
£25 per annum for each hectare of hay meadow and which under the agreement is subject to the additional provisions specified in paragraph 3 of Schedule 3;
d
£20 per annum for each hectare of semi-natural rough grazings where heather forms at least 5 per cent but not more than 50 per cent of the vegetation cover and which under the agreement is subject to the additional provisions specified in paragraph 4 of Schedule 3;
e
£50 per annum for each hectare of land which is suitable for reversion to semi-natural rough grazings and which under the agreement is subject to the additional provisions specified in paragraph 5 of Schedule 3;
f
£70 per annum for each hectare of land which is suitable for reversion to hay meadow and which under the agreement is subject to the additional provisions specified in paragraph 6 of Schedule 3; and
g
£80 per annum for each hectare of land which is suitable for reversion to wetland and which under the agreement is subject to the additional provisions specified in paragraph 7 of Schedule 3.
6
Where an agreement includes the additional provisions specified in Schedule 4 the Secretary of State shall, in addition to any payments made under paragraphs (1) to (5) above, make payments at the following rates —
a
£5.50 per annum for each metre of a field boundary which is hedgerow per hectare; and
b
£17 per annum for each metre of a field boundary which is a bank or a stone wall per hectare.
subject to a maximum of 3 metres of field boundary per hectare, and a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1.
7
Subject to paragraph (8) below, where an agreement includes one or more of the conservation plan operations specified in Schedule 5, the Secretary of State shall also make payments, in respect of the aggregate of the operations so specified which are included in the agreement, at a rate not exceeding £120 per annum for each hectare of land to which the agreement relates.
8
The payments under paragraph (7) above shall not exceed a maximum of £4,000 per agreement.
.
7
For the Schedules to the principal Order there shall be substituted the Schedules set out in the Schedule to this Order.
Saving
4
Nothing in article 3 of this Order affects an agreement entered into on or before 28th February 1995.
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
20th January 1995
We consent,
Andrew Mitchell
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
30th January 1995


text:
Title and commencement
1
These Regulations may be cited as the Bovine Offal (Prohibition) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.
Amendment
2
1
The Bovine Offal (Prohibition) Regulations 1989 shall be amended as follows —
a
in regulation 2(1) (interpretation) —
i
after the definition of “animal feeding stuffs” there shall be inserted the following definition —
“enforcement authority” is to be construed in accordance with regulation 16 below;
;
ii
for the definition of “food authority” there shall be substituted the following definition —
“food authority” has the same meaning as in the Act, except that it does not include the council of a non–metropolitan county;
;
iii
for the definition of “stained” there shall be substituted the following definition —
“stained” means treated with a solution of the colouring agent Patent Blue V (E131, Colour Index No. 42051) at a concentration of 0.5%; and, for the purposes of this definition, “treated” means that the whole surface of the specified bovine offal has been covered with the said solution either by immersing the specified bovine offal in, or spraying or otherwise applying, the solution;
;
b
in regulation 9 (prohibition of bringing in of specified bovine offal from Scotland or Northern Ireland) —
i
in paragraph (2) for the words “the food authority in whose district those premises are or that specified bovine offal is located” there shall be substituted the words “the enforcement authority in relation to those premises”;
ii
for paragraph (3) there shall be substituted the following paragraph —
On receipt, in accordance with paragraph (2) of this regulation, of any such copy of —
a
a consignment note, the enforcement authority shall, where it is not the enforcement authority in relation to the premises from where the specified bovine offal has been brought in, notify in writing that other enforcement authority of the arrival of the consignment related to the note;
b
a permit, the enforcement authority shall notify in writing the Department of Agriculture for Northern Ireland of the arrival of the consignment related to the permit.
;
c
in paragraphs (1)(c) and (2) of regulation 10 (exemption from requirements as to sterilisation and staining of specified bovine offal in slaughterhouses) for the words “of the food authority in whose district the slaughterhouse is situated” there shall be substituted the words “of the enforcement authority”;
d
in paragraph (4) of regulation 11 (removal of specified bovine offal) —
i
in sub–paragraph (c) for the words “of the food authority in whose district those relevant premises are situated” there shall be substituted the words “of the enforcement authority”;
ii
in sub–paragraph (d) for the words “of the food authority in whose district those premises are situated” there shall be substituted the words “of the enforcement authority”;
e
in regulation 12 (authorisation for removal of unsterilised specified bovine offal from a slaughterhouse or other place) —
i
in paragraph (1) for the words “the food authority in whose district those premises are located and shall give to that authority” there shall be substituted the words “the enforcement authority giving”;
ii
in paragraph (2) —
aa
for the words “an authority” there shall be substituted the words “the enforcement authority”;
bb
for the sentence beginning “If the premises are situated” there shall be substituted the following sentence —
If the authority which receives the application is not the enforcement authority in relation to the premises to which the specified bovine offal is intended to be delivered, then the authority which receives the application shall notify that other authority that the application has been made, and shall take into account any information obtained from that authority in reaching its decision as to the nature of the premises.
;
iii
in paragraph (3) —
aa
for the words “an authority” there shall be substituted the words “the enforcement authority”;
bb
for the words “in the form” there shall be substituted the words “corresponding in form and content to that”;
iv
in paragraph (4) for the words “the authority in whose district the premises, or as the case may be the specified bovine offal, are or is situated” there shall be substituted the words “the enforcement authority in relation to the premises”;
v
in paragraph (7) —
aa
after the words “The occupier” there shall be inserted the words “of the premises named on the movement permit”;
bb
for the words “the food authority in whose district his premises are situated” there shall be substituted the words “the enforcement authority in relation to those premises”;
vi
in paragraph (9) for the words “either the authority by whom the permit was issued or the authority in whose district the premises are situated” there shall be substituted the words “either the enforcement authority by whom the permit was issued or the authority, if different, in relation to the premises named in the movement permit”;
vii
in paragraph (11) for the words “the food authority in whose district his premises are situated” there shall be substituted the words “the enforcement authority in relation to his premises”;
viii
in paragraph (13) for the words “food authority” there shall be substituted the words “enforcement authority”;
f
regulation 15 (penalties and enforcement) shall be amended as follows —
i
the words “and enforcement” shall be deleted from the heading;
ii
paragraph (2) shall be deleted;
g
after regulation 15 there shall be inserted the following regulation —
Enforcement
16
These Regulations shall be enforced and executed —
a
in relation to premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 , by the Minister of Agriculture, Fisheries and Food in relation to England and the Secretary of State in relation to Wales;
b
in any other case, by each food authority within its area,
and accordingly, in these Regulations “enforcement authority”, in relation to any premises, means the authority that has those responsibilities by virtue of paragraphs (a) and (b) above.
.
2
For the Schedule to the Bovine Offal (Prohibition) Regulations 1989 there shall be substituted the schedule set out in the Schedule to these Regulations.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
28th February 1995
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
7th March 1995
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
3rd March 1995


text:
1
These Regulations may be cited as the Premium Savings Bonds (Amendment) Regulations 1995 and shall come into force on 1st May 1995.
2
Regulation 6 of the Premium Savings Bonds Regulations 1972 is hereby revoked.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissionersof Her Majesty’s Treasury
4th April 1995


text:
Title and commencement
1
— These Regulations may be cited as the Fish Health (Amendment) Regulations 1995, and shall come into force on 17th April 1995.
Amendment of the Fish Health Regulations 1992
2
1
The Fish Health Regulations 1992 shall be amended in accordance with the provisions of this regulation.
2
In paragraph (1) of regulation 14 (powers of veterinary inspector) for the words “Subject to regulation 9 of the Animals and Animal Products (Import and Export) Regulations 1992” there shall be substituted —
Subject to regulation 10 of the Animals and Animal Products (Import and Export) Regulations 1993
.
3
For Schedule 2 there shall be substituted the Schedule set out in Schedule 1 to these Regulations.
4
For Schedule 3 there shall be substituted the Schedule set out in Schedule 2 to these Regulations.
5
In Part I of Schedule 7 there shall be inserted the following new provisions after the entry relating to “Commission Decision 93/169/ EEC ” —
Commission Decision 94/306/ EC of 16 May 1994 laying down the sampling plans and diagnostic methods for the detection and confirmation of certain mollusc diseases. OJ No. L133, 28.5.94, p.51. Commission Decision 94/450/EC of 24 June 1994 amending Decision 93/74/EEC concerning the status of Denmark with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia. OJ No. L187, 22.7.84 p.8. Commission Decision 94/817/EC of 15 December 1994 amending Decision 92/538/EEC concerning the status of Great Britain and Northern Ireland with regard to infectious haematopoietic necrosis and viral haemorrhagic septicaemia. OJ No. L337, 24.12.94, p.88. Commission Decision 94/865/EC of 20 December 1994 amending Decision 93/44/EEC approving the programmes concerning spring viraemia of carp submitted by the United Kingdom, and defining the additional guarantees of certain fish species for consignment to Great Britain, Northern Ireland, the Isle of Man and Guernsey. OJ No. L352, 31.12.94, p.75.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
22nd March 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
21st March 1995


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Products of Animal Origin (Import and Export) (Amendment) Regulations 1995 and shall come into force on 1 December 1995.
2
In these Regulations the “ principal Regulations ” means the Products of Animal Origin (Import and Export) Regulations 1992 .
Amendment of the principal Regulations
2
1
In each of the provisions of the principal Regulations which are specified in paragraph (2) below, for the words “Divisional Veterinary Officer” there shall be substituted the words “Divisional Veterinary Manager”.
2
The following provisions of the principal Regulations are specified for the purposes of paragraph (1) above —
a
regulation 1(2);
b
regulation 7(5);
c
regulation 7(6);
d
regulation 10(7); and
e
regulation 15(5).
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
8th November 1995
Raymond Robertson
Parliamentary Under Secretary of State, Scottish Office
13th November 1995


text:
1
These Regulations may be cited as the Public Service Vehicles (Lost Property) (Amendment) Regulations 1995 and shall come into force on 1st March 1995.
2
1
The Public Service Vehicles (Lost Property) Regulations 1978 shall be amended as follows.
2
In regulation 3(1) the following definition shall be substituted for the definition of “vehicle” —
“vehicle” means a vehicle which is a public service vehicle (within the meaning given by secton 1 of the Public Passenger Vehicles Act 1981), but does not include a vehicle used under a permit granted under section 19 of the Transport Act 1985 (educational and other bodies) in circumstances where the requirements mentioned in subsection (2) of that section are met;
.
3
In regulation 7(3) for the word “twelve” there shall be substituted “six”.
4
The following regulation shall be substituted for regulation 8 —
8
An operator or his representative shall be entitled to retain custody of any property accidentally left in a vehicle but, if the property is claimed while it is in the custody of the operator or his representative and the claimant satisfies the operator or representative that he is the owner and gives him his name and address, it shall thereupon be returned to the claimant on payment, if required by the operator or his representative, of a charge of an amount not exceeding £2
.
5
The following regulation shall be substituted for regulation 9 —
9
If, within one month of the date on which any property was delivered to an operator or his representative in accordance with these Regulations —
a
the property is not claimed;
b
no person satisfies the operator or his representative that he is the owner of the property; or
c
a person satisfies the operator or his representative that he is the owner but refuses or omits to give his name and address or to pay the charge in accordance with regulation 8,
the property shall vest in the operator who may dispose of it as he thinks fit
.
6
Schedule 2 shall be omitted.
Signed by authority of the Secretary of State
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
30th January 1995


text:
Citation and commencement
1
This Order may be cited as the Stornoway Harbour Revision Order 1995 and shall come into force on 14th March 1995.
Amendment of Stornoway Harbour Order 1976
2
1
Section 2(1) of the Stornoway Harbour Order 1976 is amended by inserting in the definition of “the burgh” after the word “divisions” where it secondly occurs the words “or on and after 1st April 1996 any electoral wards”.
2
Section 5 of the said Order is amended as follows: —
a
in subsection (1)(b) —
i
after the word “divisions” there shall be inserted “or wards”; and
ii
the words “and so far as possible ratepayers in respect of property within the burgh;” shall be omitted;
b
in subsection (1)(c) —
i
after the word “persons” there shall be inserted “of voting age”; and
ii
the words “, and being ratepayers in respect of property within” and the words “(as evidenced by the Valuation Roll for the time being),” shall be omitted;
c
in subsection (1)(e) —
i
after the word “persons” there shall be inserted “of voting age”; and
ii
the words “, and being ratepayers in respect of property within,” shall be omitted; and
d
after subsection (1) there shall be inserted the following subsection: —
1A
For the purposes of subsection (1) of this section a person shall be deemed to be resident within the burgh at the time of a nomination or election thereunder if he is registered on the register for the time being of local government electors for an electoral division or ward comprised within the burgh.
.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
13th March 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) Amendment and Transitional Regulations 1995 and shall come into force on 2nd October 1995 immediately after the Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 come into force .
2
These Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after the 2nd October 1995 which applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations.
3
In these Regulations, “the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Amendment of the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans) for the words “8.35 per cent.” there shall be substituted the words “8.39 per cent.”.
Transitional protection
3
1
Where a claimant for income support whose applicable amount, in the benefit week which included 1st October 1995, included an amount in respect of the interest on a loan or part of a loan by virtue of paragraph 7(6), 7(7) or 8(1)(a) of Schedule 3 to the Income Support Regulations (housing costs) (“the former paragraphs”) as then in force and that loan or part of a loan is not a qualifying loan for the purposes of paragraphs 15 and 16 of Schedule 3 to the Income Support Regulations, paragraphs (2) and (3) shall have effect in his case.
2
A loan or part of a loan to which paragraph (1) applies shall qualify as a loan to which paragraph 15 or 16, as the case may be, of Schedule 3 to the Income Support Regulations applies, for as long as any of the former paragraphs would have continued to be satisfied had it remained in force and the claimant remains in receipt of income support or is treated as being in receipt of income support.
3
Heads (a), (c) and (e) of sub-paragraph (1) of paragraph 14 of Schedule 3 to the Income Support Regulations shall apply to paragraph (2) above as they apply to Schedule 3, but as if the words “Subject to sub-paragraph (2)” at the beginning were omitted.
Signed by authority of the Secretary of State for Social Security.
Andrew Mitchell
Department of Social Security
31st August 1995