text:
PART I
Preliminary
Citation and commencement
1
This Order may be cited as the Ventnor Harbour Revision Order 1994 and shall come into force on 30th August 1994.
Interpretation
2
In this Order unless the context otherwise requires —
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“authorised works” means Work No.1 and any other works authorised by this Order, or any part of such works;
“ the Council ” means the South Wight Borough Council;
“the deposited plan” and “the deposited sections” mean respectively the plan and sections prepared in duplicate, signed by an Assistant Secretary in the Department of Transport and marked “Plan and sections referred to in the Ventnor Harbour Revision Order 1994” one copy of which is deposited at the offices of the Department of Transport and the other at the principal office of the Council;
“general direction” means a direction authorised by article 17 (General directions to vessels) below;
“the harbour” means the harbour of Ventnor in the Isle of Wight comprising the area coloured pink on the harbour map;
“the harbour map” means the map prepared in duplicate, signed by an Assistant Secretary of the Department of Transport and marked “Harbour map referred to in the Ventnor Harbour Revision Order 1994” one copy of which is deposited at the offices of the Department of Transport and the other at the principal office of the Council;
“the harbour master” means the harbour master of the Council and includes his authorised deputies and assistants and any person authorised by the Council to act in that capacity;
“the level of high water” means the level of mean high — water springs;
“the limit of deviation” means the limit of deviation shown on the deposited plan;
“reference point” means Ordnance Survey National Grid reference point;
“special direction” means a direction authorised by article 19 (Special directions to vessels) below or by section 52 of the Act of 1847;
“tidal works” means so much of any work authorised by this Order as is on, under or over tidal waters;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“the undertaking” means the harbour undertaking of the Council at Ventnor as for the time being authorised by any enactment and includes works authorised by any enactment repealed by this Order; and
“vessel” means every description of vessel, however propelled or moved, and includes hovercraft, any floating manufactured article, anything constructed or used to carry persons or goods by water, and, except for the purpose of levying rates, a seaplane on or in the water.
Incorporation of enactments
3
1
The Act of 1847 (except sections 6 to 26, 31, 48, 53, 66 to 68, 79 to 98 and 101) so far as applicable for the purposes of and not inconsistent with this Order, is incorporated with and forms part of this Order.
2
In construing the provisions of the Act of 1847 as so incorporated —
“the special Act ” means this Order;
“the harbour, dock or pier” means the harbour;
“the undertakers” means the Council;
“vessel” has the meaning given by article 2 (Interpretation) above;
“rates” includes mooring rates and fees.
PART II
Works
Power to construct, etc. , works
4
1
Subject to the provisions of this Order, the Council may (within the lines and situations shown on the deposited plan and within the limit of deviation and according to the levels shown on the deposited sections) construct and maintain in the harbour —
Work No.1 — a jetty of solid construction, protected on the seaward side by a rock armour of natural boulders, the outer edge of the wave wall of the jetty commencing at reference point 456310 East 077340 North on the Ventnor Esplanade, then extending by a curved line in a southerly direction to reference point 456385 East 077221 North and then returning by a curved line in a northerly direction and terminating in a new slipway connecting with the said Esplanade at reference point 456368 East 077343 North.
2
The Council may, within the limit of deviation, from time to time alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently Work No.1.
Power to make subsidiary works
5
Subject to the provisions of this Order, the Council may from time to time erect, construct and maintain all such works, conveniences, appliances and apparatus as they from time to time deem necessary or convenient for the purposes of or in connection with or incidental to the construction, maintenance and use of Work No.1 or the accommodation of vessels thereat.
Power to deviate
6
In constructing Work No.1 the Council may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limit of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding two metres upwards and to such extent downwards as may be found necessary or convenient.
Fine for obstructing works
7
Any person who intentionally obstructs any person acting under the authority of the Council in setting out the lines of the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale, and shall in addition be liable to repay to the Council as a debt any expenses incurred by them in making good such damage.
Tidal works not to be executed without approval of Secretary of State
8
1
A tidal work shall not be constructed, altered, enlarged, replaced, relaid, extended or reconstructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, enlarged, replaced, relaid, extended or reconstructed in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of 30 days from the date when the notice is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition; and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Provision against danger to navigation
9
1
In case of injury to, or destruction or decay of, a tidal work or any part thereof, the Council shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If without reasonable excuse the Council fail to notify Trinity House as required by this article or to comply in any respect with a direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
10
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Council, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Survey of tidal works
11
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Council.
Permanent lights on tidal works
12
1
After the completion of a tidal work the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine; but it shall be a defence for the Council to prove that all due diligence was used to secure compliance with the direction.
Lights on tidal works during construction
13
1
The Council shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying or extension thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this article, they shall be liable on summary conviction to a fine ceeding the statutory maximum and on conviction on indictment to a fine; but it shall be a defence for the Council to prove that all due diligence was used to secure compliance with the direction.
PART III
General
General powers of Council in respect of harbour
14
1
The Council may, subject to the provisions of this Order, take such steps from time to time as they may consider necessary for the improvement, maintenance and management of the harbour and the facilities (including recreational facilities) afforded therein or in connection therewith.
2
For those purposes, and without prejudice to the generality of the foregoing, the Council may —
a
improve, maintain, regulate, manage, mark and light the harbour;
b
do all other things which in their opinion are expedient to facilitate the proper carrying on or development of the harbour.
Power to dredge
15
1
The Council may from time to time deepen, dredge, scour, cleanse and improve the bed of the sea and foreshore of the harbour and the approaches thereto and may blast any rock within the harbour or in such approaches.
2
Subject to paragraph (3) below, all materials dredged up or removed by the Council in exercise of the powers of this article shall be the property of the Council and may be used, sold, deposited or otherwise disposed of as the Council think fit.
3
No such materials shall be laid down or deposited in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
Power to appropriate lands and works for particular trades etc.
16
1
The Council may from time to time for the purpose of or in connection with the management of the undertaking set apart and appropriate any part of the undertaking for the exclusive, partial or preferential use and accommodation of any particular trade, person, vessel or class of vessels, or goods, subject to the payment of such charges and to such terms, conditions and regulations as the Council may think fit.
2
No person or vessel shall make use of any part of the undertaking so set apart or appropriated without the consent of the harbour master or other duly authorised officer of the Council; and —
a
the harbour master or, as the case may be, such officer, may order any person or vessel making use thereof without such consent to leave or be removed; and
b
the provisions of section 58 (Powers of harbour master as to mooring of vessels in harbour) of the Act of 1847 shall extend and apply mutatis mutandis to and in relation to any such vessel.
General directions to vessels
17
1
The Council may, after consultation with the Chamber of Shipping of the United Kingdom in each case of an exercise of the powers, give directions for the purpose of promoting or securing conditions conducive to the ease, convenience or safety of navigation in the harbour and the approaches thereto and, without prejudice to the generality of the foregoing, for any of the following purposes —
a
for designating areas, routes or channels in the harbour and the approaches thereto which vessels are to use, or refrain from using, for movement or mooring;
b
for securing that vessels move only at certain times or during certain periods;
c
for requiring the master of a vessel to give to the harbour master information relating to the vessel reasonably required by the harbour master for the purposes of this paragraph.
2
Directions given under paragraph (1) above may apply —
a
to all vessels or to a class of vessels designated, or the designation of which is provided for, in the direction; and
b
to the whole of the harbour and the approaches thereto, or to a part designated, or the designation of which is provided for, in the direction; and
c
at all times or at times designated, or the designation of which is provided for, in the direction; and every direction given under this article shall specify the extent of its application in relation to the matters referred to in sub-paragraphs (a), (b) and (c) above.
3
The Council may, after consultation with the Chamber of Shipping of the United Kingdom revoke or amend directions given under this article.
Publication of general directions
18
1
Notice of the giving of a general direction and of any amendment or revocation of a general direction shall, except in case of emergency, be published by the Council as soon as practicable once in Lloyd’s List or some other newspaper specialising in shipping news; and, if the notice relates to the giving or amendment of a direction, the notice shall state a place at which copies thereof may be inspected and bought, and the price thereof.
2
In an emergency, notice of the giving of a general direction or of any amendment or revocation of a general direction may be given in any manner the Council consider appropriate.
Special directions to vessels
19
1
In addition to the directions which he may give under section 52 of the Act of 1847 the harbour master may give a direction under this article requiring any vessel anywhere within the harbour or the approaches thereto to comply with a requirement made in or under a general direction.
2
A special direction may be given in any manner considered by the harbour master to be appropriate.
3
The harbour master may revoke or amend a special direction.
Master’s responsibility to be unaffected
20
The giving of a general direction or a special direction shall not diminish or in any other way affect the responsibility of the master of the vessel to which the direction is given in relation to his vessel, persons on board, its cargo or any other person or property.
Failure to comply with directions
21
The master of a vessel who fails without reasonable excuse to comply with a general direction or a special direction shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Enforcement of directions
22
1
Without prejudice to any other remedy available to the Council, if a special direction is not complied with within a reasonable time the harbour master may, where practicable, put persons on board the vessel to carry out the direction or may otherwise cause the vessel to be handled in accordance with the direction.
2
If there is no one on board a vessel to comply with a special direction, the harbour master may proceed as if the direction had been given and not complied with; but he shall not do so unless, after reasonable inquiry has been made, the master cannot be found.
3
Expenses incurred in the exercise of the powers conferred by this article shall be recoverable by the Council from the owner of the vessel.
Power with respect to disposal of wrecks
23
1
In their application to the Council sections 530 and 532 of the Merchant Shipping Act 1894 (which confer on bodies which are harbour authorities within the meaning of that Act powers with respect to, and with respect to anything in or on, any vessel sunk, stranded or abandoned in such manner as to be an obstruction or danger to navigation in a harbour or in any approach thereto) shall have effect in relation to the harbour and the approaches thereto in relation to a vessel sunk, stranded or abandoned before, as well as after, the coming into force of this Order.
2
Subject to the provisions of paragraph (3) below and to any enactment for the time being in force limiting his liability, the Council may recover from the owner of any vessel in relation to which they have exercised their powers under the said section 530 or 532 (being a vessel sunk, stranded or abandoned after the commencement of this Order) any expenses reasonably incurred by them under those sections in relation to that vessel which are not reimbursed out of any proceeds of sale within the meaning of those sections.
3
a
Except in a case which is in the opinion of the Council a case of emergency, paragraph (2) above shall not apply in relation to any vessel unless, before exercising in relation to that vessel any of the powers conferred on them by the said section 530, other than the power of lighting and buoying, the Council have given to the owner of the vessel not less than 48 hours' notice of their intention to do so.
b
If before the notice expires the Council receive from the owner counter-notice in writing that he desires to dispose of the vessel himself, he shall be at liberty to do so; and the Council shall not exercise the powers in the said section 530 or 532 in relation to that vessel until the expiration of seven days from the receipt of the counter-notice and of any further continuous period thereafter during which the owner of the vessel proceeds with the disposal thereof with all reasonable diligence and in compliance with any directions for the prevention of interference with navigation which may be given to him by the Council.
4
Notice under paragraph (3) above to the owner of any vessel may be served by the Council either by delivering it to him or by sending it to him by registered post or the recorded delivery service addressed to him at his last known place of business or abode in the United Kingdom or, if the owner or any such place of business or abode is not known to the Council, or is not in the United Kingdom, by displaying the notice at the office of the Council for the period of its duration.
5
In this article the expression “owner”, in relation to any vessel, means the person who was the owner of the vessel at the time of the sinking, stranding or abandonment thereof.
6
The powers conferred on the Council by this article shall be in addition to and not in derogation of any other powers exercisable by them for or with respect to the removal of wrecks within the harbour and the approaches thereto.
Powers as to moorings etc.
24
1
The Council may provide, place, lay down, maintain, use and have moorings for vessels —
a
on land owned or leased by the Council or in which they hold an appropriate interest; or
b
with the consent in writing of the owner and lessee thereof, on any other land in the harbour.
2
The Council may demand, receive and recover in respect of any vessel using any of the moorings provided under this article or moored to land owned or leased by the Council such reasonable charges as the Council may from time to time prescribe.
3
The Council may compound with any person with respect to the payment of the charges prescribed under paragraph (2) above.
4
a
The Council may give notice in writing to the person having the control of any vessel using any mooring in the harbour at the date this Order comes into force requiring him within 28 days to remove the mooring so as to enable the Council to provide, place or lay down moorings in accordance with paragraph (1) above.
b
The Council shall offer to make available to the person having the control of the vessel referred to in the notice a mooring provided by them under paragraph (1) above as soon as such mooring has been laid down.
c
If any person fails to comply with a notice given by the Council under this paragraph, the Council may at any time after the expiration of 28 days from the date of the giving of the notice remove the mooring referred to in that notice.
5
a
The Council may from time to time grant to a person a licence to place, lay down, maintain, use and have existing and future moorings, for vessels in the harbour.
b
Nothing in any such licence shall entitle a person to place, lay down, maintain, use and have any mooring on land not owned or leased by him or by the Council or in which he has no appropriate interest.
c
Any such licence shall be valid only for a period of one year commencing with its date.
d
The Council may charge for such a licence such reasonable fee as the Council may from time to time prescribe.
6
Any person who —
a
intentionally obstructs any person acting under the authority of the Council in setting out moorings; or
b
intentionally and without lawful authority pulls up or removes any mooring in the harbour or any part thereof; or
c
without reasonable excuse causes or permits a vessel to be moored in the harbour except at a mooring provided or licensed by the Council under this article or at a quay, jetty, slipway or other work or to land owned or leased by the Council; or
d
places, lays down or maintains in the harbour any mooring not provided or licensed by the Council under this article; shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
7
If any person contravenes paragraph (6)(d) above, the Council may remove the mooring in question and recover from that person the expenses incurred in doing so.
8
In this article —
“mooring” includes any buoy, pile, post, chain, pillar or like apparatus or convenience used for the mooring of vessels;
“vessel” includes houseboat.
Power to remove goods
25
1
If any goods are left in any part of the harbour, the Council may require the owner of the goods to remove them.
2
If the goods are not removed within six hours after the Council have so required or, in any case where it is not reasonably practicable for the Council to contact the owner of the goods, within six hours after the leaving by the Council of written notice on the goods requiring their removal, the Council may cause them to be removed to their own or any other public warehouse or store; and such removal shall be carried out at the expense and risk of the owner.
3
The Council may if they think fit after giving seven days' notice to the owner of the goods, and shall if so required by the owner of the goods, sell or otherwise dispose of the goods, in such manner as they think fit and reimburse themselves out of the proceeds of sale, and the Council shall hold any surplus of such proceeds of sale on trust for the person entitled thereto.
4
In this article “goods” does not include fish or fishing tackle.
Power to give directions as to loading or unloading of certain goods
26
1
The Council may designate any part of the harbour for the loading and unloading of any goods to which this article applies.
2
Where pursuant to paragraph (1) above the Council have designated a place for the loading or unloading of goods of any description the harbour master may direct that goods of that description, intended to be loaded onto or unloaded from a vessel, shall not be deposited or received elsewhere than at the place so designated; and, if any person disobeys any such direction, the Council may remove the goods to the place so designated, and any expense incurred by them is so doing shall be recoverable from that person.
3
The goods to which this article applies are goods in bulk and goods the nature or character of which is such as, in the opinion of the Council, to give rise to special risk of contamination, taint, stain, injury or danger to other goods or to persons, property or water or to necessitate the provision of special facilities for the handling thereof or for the safety, protection, welfare or accommodation of persons employed in, or in connection with, such handling but not including fish or fishing tackle.
Parking places
27
The Council may provide facilities within the harbour for the parking of vehicles and for that purpose may erect barricades or fencing with related offices, waiting rooms, and other conveniences and may make reasonable charges for use of such facilities.
Removal of vehicles etc.
28
1
If a vehicle or boat is left without the permission of the Council —
a
in any place where it is likely to obstruct or interfere with the use of the authorised works; or
b
in any part of the authorised works where the parking of vehicles or boats is prohibited by notice erected by the Council; the Council may, at the risk of the owner, remove the vehicle or boat or cause it to be removed.
2
Any notice erected under paragraph (1)(b) above shall be conspicuously posted in or close to the place to which it relates.
3
a
Where the Council in exercise of the powers of this article remove a vehicle or boat or cause it to be removed they shall as soon as practicable report that fact to a constable or to a police station.
b
The expenses of and incidental to the removal of a vehicle or boat under this article shall be recoverable from any person responsible.
c
For the purposes of this paragraph “person responsible” means —
i
the owner of the vehicle or boat at the time when it was put in the place from which it was removed under paragraph (1) above, unless he shows that he was not concerned in, and did not know of, its being put there; or
ii
any person by whom the vehicle or boat was put in that place.
4
If the Council in exercise of the powers of this article remove a vehicle to a place not readily visible from the place whence it is so removed they shall, if and as soon as it is reasonably practicable to do so, send to the person for the time being registered as the owner of the vehicle for the purposes of the Road Vehicles (Registration and Licensing) Regulations 1971 or any other regulations having the like effect for the time being in force, at his last known address, his registered address or the address where the vehicle is ordinarily kept, notice that they have exercised the powers of this article and of the place to which the vehicle has been removed.
5
A notice stating the general effect of paragraph (1) above shall be displayed in a prominent position at each place where a road accessible to vehicles enters any part of the authorised works.
Byelaws as to harbour
29
1
Subject to the provisions of this Order the Council may make, in relation to the harbour, byelaws for all or any of the following purposes —
a
for regulating the exercise of the powers vested in the harbour master;
b
for preventing damage or injury to any vessel, goods, vehicle, plant, machinery, property or persons within the harbour;
c
for regulating the conduct of all persons in the harbour, not being members of a police force or officers or servants of the Crown whilst in the exercise of their duties;
d
for regulating the placing and maintenance of moorings in the harbour;
e
for preventing and removing obstructions or impediments within the harbour;
f
for preventing nuisances in the harbour;
g
for regulating the launching of vessels within the harbour;
h
for regulating or preventing the use in the harbour or on board any vessel therein of fires, lights or any other equipment, tools or appliances which the Council consider involve a risk of fire;
i
for prohibiting the use of or regulating the movement, speed and parking of vehicles within the harbour;
j
for requiring the use of effectual silencers on vessels and the control of noise generally in the harbour;
k
for regulating vessels in the harbour and their entry into and departure from the harbour and, without prejudice to the generality of the foregoing, for prescribing rules for regulating the speed and manner of navigation and the lights and signals to be exhibited or made by, or for the benefit of, vessels using, navigating or mooring within the harbour;
l
for prescribing the lights and signals to be exhibited or made —
i
by vessels aground within the harbour;
ii
by devices used for marking obstructions within the harbour;
iii
at the entrance to any pier or other work for assisting navigation or mooring within the harbour;
m
for —
i
regulating fishing for marine creatures of any type and by whatever means from any pier, jetty, wharf, or other installation or structure of any kind within the harbour;
ii
regulating or preventing bathing, and for securing the protection of bathers, within the harbour;
iii
regulating or preventing the use by vehicles of the foreshore within the harbour;
n
for preventing the disposal of any waste matter except at places or in a manner prescribed by the Council.
2
In this article “signals” includes sound signals and different byelaws may be made under this article in relation to different classes of vessels and vehicles.
3
Byelaws made under this article may provide for the imposition on any person offending against any byelaw of a fine on summary conviction not exceeding level 4 on the standard scale.
Procedure for byelaws
30
1
a
The provisions contained in subsections (3) to (8) of section 236 and section 238 of the Local Government Act 1972 shall apply to all byelaws made by the Council under this Order.
b
In its application to byelaws made under this Order subsection
7
of the said section 236 shall, subject to sub-paragraph (c) below, be construed as if it had been amended by the insertion of the words “with or without modifications” after the word “confirm” in the second place where that word occurs.
c
Where the confirming authority proposes to make a modification which appears to him to be substantial, then —
i
he shall inform the Council and require them to take any steps he thinks necessary for informing persons likely to be concerned with that modification; and
ii
he shall not confirm the byelaws until there has elapsed such period as he thinks reasonable for the Council and other persons who have been informed of the proposed modification to consider and comment on it.
2
The confirming authority for the purposes of this article and of the said section 236 in its application to byelaws made under this Order shall be the Secretary of State.
Power to lease etc. and to dispose of surplus land
31
1
The Council may, for the purposes of or in connection with the management of the undertaking, lease or grant the use or occupation of, or any right or interest in, or over, any lands, works, buildings, equipment or other property within the harbour for such period and on such terms and conditions as shall be agreed between the Council and the person taking the same.
2
The Council may also dispose of, or grant the use or occupation of, any property held by them for the purpose of the undertaking, including any part of the authorised works, which they consider to be surplus to that required by them for the purposes of the undertaking.
Charges for services or facilities
32
In addition to their power to demand ship, passenger and goods dues under section 26 of the Harbours Act 1964, the Council may demand, take and recover such reasonable charges for services and facilities provided by them at the harbour as they may from time to time determine.
Payment of charges
33
1
A charge which the Council are for the time being authorised to demand, take and recover in respect of a vessel or goods or otherwise shall be payable before the removal from the harbour of any vessel or goods in respect of which they are payable, and may be demanded, taken and recovered by such persons, at such places, at such times and under such conditions as the Council may from time to time specify in their published list of charges.
2
Charges payable to the Council shall be payable by the owner of any vessel or goods in relation to which the charges are payable.
3
Where a charge payable to the Council may be recovered by them from more than one person, the persons from whom it may be recovered shall be jointly and severally liable.
Deposit for charges
34
The Council may, if they think fit, require any person who is or may become liable to pay charges to the Council to deposit with their collector, or to guarantee, such sum as in the opinion of the Council is reasonable having regard to the probable amount of the charges.
Recovery of charges
35
In addition to any other remedy given by this Order and by the Act of 1847 as incorporated with this Order (and, in a case where the master of a vessel in respect of which a charge is payable to the Council refuses or neglects to pay the same or any part thereof, whether or not the Council’s collector has gone on board the vessel and demanded the charge pursuant to section 44 of that Act), the Council may recover any dues, rates, rents or other charges payable to them as a debt in any court of competent jurisdiction.
Boarding of vessels
36
A duly authorised officer of the Council may, on producing if so required his authority, enter and inspect a vessel in the harbour for the purposes of any enactment relating to the harbour (including any enactment so relating contained in subordinate legislation) or of any byelaw of the Council relating to the harbour, including the enforcement thereof.
Jurisdiction of justices
37
For the purposes of this Order and of any byelaw made under this order, the jurisdiction of the justices of the peace for the county of Isle of Wight shall extend throughout the harbour and its approaches.
Crown rights
38
Nothing in this Order affects prejudicially any estate, right, power, privilege or exemption of the Crown and, in particular, nothing in this Order authorises the Council to take, use or in any manner interfere with any part of the shore or bed of the sea or any river, channel, creek, bay or estuary or any land, hereditaments, or rights of whatsover description belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners, on behalf of Her Majesty, first had and obtained for that purpose.
Repeals
39
1
Subject to paragraph (2) below, the Ventnor Local Board Act 1884 and the Ventnor Pier Order 1910 , so far as they are not already repealed, are hereby repealed.
2
Notwithstanding paragraph (1) above, if any part of the works authorised by the said Act and the said Order is still in existence when this Order comes into force, the provisions of that Act and of that Order shall remain in force in relation to that part so far as may be necessary to secure its removal and to prevent any danger to navigation.
Signed by authority of the Secretary of State for Transport
J.W.S. Dempster
A Deputy Secretary in the
Department of Transport
9th August 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottingham Community Health National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 5th October 1994.
2
In this Order —
“the Authority” means the Nottingham Health Authority;
“the Trust” means the Nottingham 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 9th March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 5th October 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
7th September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Doncaster Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th February 1994.
2
In this Order —
“the Authority” means the Doncaster Health Authority;
“the Trust” means the Doncaster Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 15th July 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th February 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
12th January 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Homoeopathic Medicinal Products for Human Use) Amendment Regulations 1994 and shall come into force on 20th April 1994.
2
In these Regulations, “the principal Regulations ” means the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 .
Amendment of regulation 5 of the principal Regulations
2
1
Regulation 5 of the principal Regulations (determination of application for certificate) shall be amended in accordance with the following paragraphs.
2
In paragraph (2), for “paragraph (3)” there shall be substituted “paragraph (4)”.
3
For paragraph (3), there shall be substituted the following paragraph —
3
A product shall not be considered to have a sufficient degree of dilution to guarantee its safety if —
a
in the case of a product containing an active principle whose presence in an allopathic medicinal product would require it to be sold by retail or supplied in circumstances corresponding to retail sale in accordance with a prescription given by a doctor, it contains either more than one part per 10,000 of the mother tincture or more than one hundredth of the smallest dose of that active principle used in allopathy, or
b
in any other case, it contains more than one part per 10,000 of the mother tincture.
.
Amendment of regulation 9 of the principal Regulations
3
For paragraph (2) of regulation 9 of the principal Regulations (suspension and revocation) there shall be substituted the following paragraph —
2
Before suspending or revoking a certificate of registration on a ground set out in paragraph (1)(a) or (b) above, the licensing authority shall consult the Board, except in a case to which paragraph 11 of Schedule 2 to the Act, as applied by these Regulations, applies (procedure in the case of urgency).
.
Amendment of Schedule 4 to the principal Regulations
4
1
Schedule 4 to the principal Regulations (application of provisions of the Act) shall be amended in accordance with the following paragraphs.
2
In the modification to section 92 of the Medicines Act 1968 , for “has though” there shall be substituted “as though”.
3
In the first modification to section 107 of that Act, for “1993” there shall be substituted “1994”.
4
For the first modification to Schedule 2 to that Act, there shall be substituted the following —
as though for “the licence”and “licence” (wherever those words appear) there were substituted “the certificate” and “certificate”, respectively;
.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
24th March 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Environmental Protection (Prescribed Processes and Substances Etc.) (Amendment) Regulations 1994 and, except for regulation 4, shall come into force on 1st June 1994.
2
Regulation 4 shall come into force on 1st December 1994.
3
In these Regulations —
“ the Act ” means the Environmental Protection Act 1990;
“the principal Regulations ” means the Environmental Protection (Prescribed Processes and Substances) Regulations 1991 , and references to a Section are references to a section in Schedule 1 to those Regulations.
Amendment of the Environmental Protection (Applications, Appeals and Registers) Regulations 1991
2
In regulation 4(1) of the Environmental Protection (Applications, Appeals and Registers) Regulations 1991 , after sub-paragraph (h) there shall be inserted the following sub-paragraph —
i
the islands or district council in whose area the process will be carried on, in the case of all prescribed processes designated for central control which will be carried on in Scotland in respect of which the enforcing authority is under a duty, by virtue of paragraph 2(1) of Schedule 4 to the Waste Management Licensing Regulations 1994 , to discharge its functions under Part I of the 1990 Act with the objective of ensuring that waste is recovered or disposed of without causing nuisance through noise.
.
Amendments of the principal Regulations coming into force on 1st June 1994
3
The principal Regulations shall be amended in accordance with the provisions of Schedule 1 below.
Amendments of the principal Regulations coming into force on 1st December 1994
4
1
Regulation 4 of the principal Regulations (exceptions) shall be amended in accordance with the provisions of Schedule 2 below.
2
In regulation 6(2) of the principal Regulations (prescribed substances), for the words “Schedule 5” there shall be substituted the words “column 1 of Schedule 5”.
3
Schedule 1 to the principal Regulations (descriptions of processes) shall be amended in accordance with the provisions of Schedule 3 below.
4
Schedule 2 to the principal Regulations (rules for the interpretation of Schedule 1) shall be amended in accordance with the provisions of Schedule 4 below.
5
For Schedule 5 to the principal Regulations (release into water: prescribed substances) there shall be substituted the Schedule set out in Schedule 5 below.
Transitionals
5
Schedule 6 below (transitionals) shall have effect.
Signed by authority of the Secretary of State
Robert Atkins
Minister of State,
Department of the Environment
6th May 1994
John Redwood
Secretary of State for Wales
10th May 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
10th May 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (West Penwith) Designation (Amendment) (No. 2) Order 1994 and shall come into force on 30th April1994.
Revocation and interpretation
2
1
The Environmentally Sensitive Areas (West Penwith) Designation (Amendment) Order 1994 is hereby revoked and the Environmentally Sensitive Areas (West Penwith) Designation Order 1986 shall have effect as if the said Order of 1994 had never been made, subject, however, to the amendments made by the following provisions of this Order.
2
In this Order “the princial Order ” means the said Order of 1986 as it had effect immediately before the said Order of 1994 came into force.
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 2 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
after the definition of “the Minister” 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
In paragraph (1)
of article 6 of the principal Order for “£65” there shall be substituted “£70”.
2
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 the rate of £170 per annum for each hectare of access route.
.
3
For paragraph (2)
of article 6 of the principal Order, there shall be substituted the following paragraph:
2
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the operations included in the plan, subject to a maximum of £20,000 for each agreement.
.
Schedules
7
1
In sub-paragraph (3)
of paragraph 1 of Schedule 1 to the principal Order for the word “farm” there shall be substituted the word “farmer”.
2
After Schedule 1 to the principal Order there shall be inserted the provisions of the Schedule to this Order.
3
In paragraph 2 of Schedule 2 to the principal Order for the words “traditional farm buildings” there shall be substituted the words “farm buildings using traditional materials”.
4
After paragraph 8 of Schedule 2 to the principal Order there shall be inserted the following paragraph:
9
The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.
.
Saving
8
Paragraph (1) of article 6 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1994.
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:
Citation and commencement
1
This Order may be cited as the Strathclyde Regional Council (the Ayr Burgh Act 1885) (Amendment) Water Order 1994, and shall come into force on 1st January 1995.
Interpretation
2
In this Order the expression “the Act of 1885 ” means the Ayr Burgh Act 1885 .
Amendment of the Act of 1885
3
The provisions of the Act of 1885 shall have effect subject to the amendments specified in the Schedule to this Order.
Miscellaneous
4
The Regional Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and one copy of the plan marked “The Strathclyde Regional Council (the Ayr Burgh Act 1885) (Amendment) Water Order 1994 Plan.”
T D Macdonald
Deputy Chief Engineer Scottish Office
The Scottish Office Environment Department 27 Perth Street,
Edinburgh
22nd December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scunthorpe Community Health Care National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 15th June 1994.
2
In this Order–
“the Authority” means the Grimsby and Scunthorpe Health Authority;
“the Trust” means the Scunthorpe Community Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 21st January 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 15th June 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 May 1994


text:
1
This Order may be cited as the Public Telecommunication System Designation (NYNEX CableComms Oldham and Tameside) Order 1994 and shall come into force on 25th April 1994.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Trade and Industry
22nd March 1994


text:
1
This Order may be cited as the Export of Goods (Control) Order 1994 (Amendment No. 2) Order 1994 and shall come into force on 24th September 1994.
2
The Export of Goods (Control) Order 1994 shall be further amended as follows: —
in entries 9A990 and 9E990 in Group 3 of Part III of Schedule 1, for “Libya, Iran, Iraq or Syria.” there shall be substituted “Libya, Iran or Iraq.”.
M. V. Coolican
An Assistant Secretary,
Department of Trade and Industry
23rd September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Kent Hospitals National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the South Kent Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the South Kent Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at William Harvey Hospital, Kennington Road, Willesborough, Ashford, Kent TN24 0LZ and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The South East Kent Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The South East Kent Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the South East Kent Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
28th January 1994


text:
1
1
These Regulations may be cited as the Teachers' Superannuation (Amendment) (No. 2) Regulations 1994 and shall come into force on 1st December 1994 but regulations 3 to 5 shall have effect as from 1st May 1994.
2
In these Regulations —
“the principal Regulations ” means the Teachers' Superannuation (Consolidation) Regulations 1988 ; and
“the 1994 Regulations ” means the Teachers' Superannuation (Amendment) Regulations 1994 .
2
The principal Regulations shall be amended by omitting sub-paragraph (a) of paragraph (4) of regulation C4.
3
The amendment made to regulation E19 of the principal Regulations by regulation 14(a) of the 1994 Regulations shall not have effect.
4
1
This regulation applies to a person —
a
to whom a death grant or supplementary death grant may become payable under regulation E19 or E20 of the principal Regulations in respect of a person who was employed in pensionable employment but ceased to be so employed before 1st May 1994; and
b
who is placed in a worse position than he would have been in if the amendment made to regulation E19 or E20 of the principal Regulations by regulation 14(b) or 15 of the 1994 Regulations had not applied in relation to the death grant or supplementary death grant.
2
A person to whom this regulation applies may, by giving written notice to the Secretary of State before the relevant date, elect that the provisions of regulation 14(b) or 15 of the 1994 Regulations (as the case may be) shall not apply in relation to the death grant or supplementary death grant.
3
For the purposes of paragraph (2) above the relevant date is —
a
1st March 1995; or
b
the date one month after the date of death of the person in respect of whom the death grant or supplementary death grant may become payable,
whichever is the later.
5
The amendment made to regulation E21(5)(b) of the principal Regulations by regulation 16 of the 1994 Regulations shall not apply in relation to a provision to or for the benefit of a child of a person who was employed in pensionable employment but ceased to be so employed before 1st May 1994.
Gillian Shephard
Secretary of State for Education
9th October 1994
We consent
Timothy Kirkhope
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
27th October 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Areas) (London Borough of Lambeth) Order 1994 and shall come into force on 4th July 1994.
Interpretation
2
1
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
a reference to a numbered Schedule is a reference to the Schedule to this Order so numbered;
a reference in Schedule 3 to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in Schedule 3 (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in that 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.
2
In this Order subject to paragraph (3) below “designated area” means one of the areas in the London borough of Lambeth lying within the outer edge of the boundaries delineated in red on the maps respectively comprising Schedules 1 and 2.
3
In relation to each road named first in a paragraph in Part I or II of Schedule 3 —
a
the part of the road described in each such paragraph shall be taken to be in the designated area to which the paragraph relates, and
b
the remainder of the road shall be taken not to be in that area,
and, accordingly, in so far as there is any inconsistency between this paragraph and paragraph (2) above, this paragraph shall prevail.
Designation of special parking areas
3
1
Subject to paragraph (2) below the Secretary of State hereby designates each of the designated areas as a special parking area.
2
The roads described in Part III of Schedule 3 shall not be included in a special parking area.
3
A reference in the following provisions of this Order to a special parking area is a reference to an 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 Lambeth 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 a special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to a 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 “a special parking area” are to an area designated as a special parking area by the Road Traffic (Special Parking Areas) (London Borough of Lambeth) 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 a 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 a 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 a 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 Lambeth 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 a 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 a 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, application and interpretation
1
1
These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (Supervision of Parking, Management of Vehicles and Security Work) (England) Regulations 1994 and shall come into force on 9th January 1995.
2
In these Regulations, which apply in relation to defined authorities in England only, “the Act”means the Local Government Act 1988.
Application of competition provisions
2
1
Section 6 of the Act shall apply to functional work within section 2(2)(ff) (supervision of parking), section 2(2)(gg) (management of vehicles), or section 2(2)(i) (security work) if it is proposed to be carried out —
a
on or after 1st October 1996 by a local authority which is subject to, or created by, a structural or substantial boundary change effected by an order made under section 17 of the Local Government Act 1992 (“a structural change”) where that structural change takes effect from 1st April 1995; or
b
on or after 1st October 1997 by a local authority subject to a structural change where that structural change takes effect from 1st April 1996; or
c
on or after 1st October 1998 by a local authority subject to a structural change where that structural change takes effect from 1st April 1997; or
d
on or after 1st January 1996 by any other defined authority except —
i
those mentioned in section 1(1)(b), (c) and (d) of the Act,
ii
county councils or non-metropolitan district councils which are not subject to a structural change, and
iii
a police authority.
2
Nothing in this regulation requires a defined authority to take any steps pursuant to section 6 of the Act in respect of functional work within section 2(2)(gg) of the Act which, before the day specified in the Schedule in relation to that authority, the authority has, in reaching the decision that they should carry out relevant work, decided to carry out exclusively for the purposes of facilitating that relevant work.
3
In paragraph (2) above “relevant work”means work —
a
within any of the defined activities in paragraphs (a) to (g) of section 2(2) of the Act, or
b
consisting of construction or maintenance work within the meaning given by section 20(1) of the Local Government, Planning and Land Act 1980 .
Specified periods
3
1
The second condition shall not be treated as fulfilled as respects —
a
the supervision of parking,
b
management of vehicles, or
c
security work
if the stated period is less than 4 years or more than 6 years.
2
In this regulation —
“the second condition”means the condition set out in section 7(3)(c) of the Act, and
“the stated period”in relation to any work means the period stated in the detailed specification of that work pursuant to section 7(3)(c).
Signed by authority of the Secretary of State for the Environment 12th December 1994
Robert Jones
Parliamentary Under Secretary of State,
Department of the Environment


text:
1
These Regulations may be cited as the Cycle Racing on Highways (Tour de France 1994) Regulations 1994 and shall come into force on 1st June 1994.
2
1
In these Regulations —
“the principal Regulations ” means the Cycle Racing on Highways Regulations 1960 ; and
“the specified races” means those stages of the Tour de France 1994 which are proposed to be held in England on 6th and 7th July 1994.
3
1
The principal Regulations shall have effect in their application to the specified races as if in regulation 5(1)(a) —
a
for sub-paragraph (i) there were substituted —
i
the number of competitors must not exceed 220;
, and
b
sub-paragraphs (iii) and (iv) were omitted.
2
Except as provided by paragraph (1) of this regulation, the principal Regulations shall apply to the specified races as they apply to any other bicycle race.
Signed by authority of the Secretary of State
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
28th April 1994


text:
Citation and commencement
1
These Regulations may be cited as the Railways (Licence Application) Regulations 1994 and shall come into force on 1st April 1994. Interpretation.
2
1
In these Regulations,
“application” means an application for a licence;
“ the Act ” means the Railways Act 1993.
2
In these Regulations, any reference to a numbered regulation shall mean the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation. Manner of making licence applications.
3
1
Every application —
a
shall be in writing;
b
shall specify in full the name of the applicant and his address (being, in the case of a company, the address of its registered or principal office);
c
shall specify the railway assets, or class or description of railways assets, of which the applicant wishes to be authorised to be the operator;
d
shall describe the activities which the applicant wishes to carry out pursuant to the licence;
e
shall specify every licence held, and every licence applied for, by the applicant;
f
shall be signed by or on behalf of the applicant.
2
Every application shall specify any bankruptcy order, as defined in section 381(1) of the Insolvency Act 1986 , which has at any time been made against the applicant, or, where the applicant is a company, against the directors for the time being of that company.
3
Every application made by a company shall specify —
a
the amount of any issued share capital of that company and the full name and address of every person owning more than 3% of that issued share capital; and
b
the full name and address of every director of that company;
and, where any such person or any such director is a company, the address shall be that of the registered or principal office of that company.
Lodgement of applications
4
Every application shall be addressed to the Regulator and shall be delivered to or sent by pre-paid post to the principal office of the Regulator.
Fee payable with applications
5
The fee to accompany an application shall be £250. Documents to accompany applications.
6
1
Subject to paragraph (2), every application shall include the following documents —
a
the most recent audited financial statements of the applicant (in this regulation referred to as the “audited accounts”);
b
the audited financial statements of the applicant for the two financial years preceding that to which the audited accounts relate;
c
an interim financial statement whether audited or not for the period or any part of the period from the end of the financial year in respect of which the audited accounts relate, up to the date of the application.
2
Where the applicant is a subsidiary undertaking, the application shall include the following documents —
a
the most recent audited group accounts (in this regulation referred to as “the latest audited group accounts”) in respect of the group of which the subsidiary undertaking forms part;
b
the audited group accounts in respect of that group for the two financial years preceding that to which the latest audited group accounts relate;
c
an interim financial statement for that group, whether audited or not, for the period or any part of the period from the end of the financial year in respect of which the audited group accounts relate to the date of the application.
3
The audited accounts, the latest audited group accounts, the audited financial statements referred to in paragraph (1)(b) and the audited group accounts referred to in paragraph (2)(b) shall include any audited consolidated financial statements or accounts for the relevant periods.
4
In this regulation —
“the 1985 Act ” means the Companies Act 1985 ;
“group” has the meaning given by section 262 of the 1985 Act ; the expression “group accounts” has the same meaning as it has in section 227 of the 1985 Act ;
“subsidiary undertaking” has the meaning given by section 258 of the 1985 Act . Manner of publishing applications.
7
1
If the Secretary of State requires that an application be published by the applicant pursuant to section 8(3)(c) of the Act, the manner of publication shall be in accordance with paragraph (2).
2
There shall be published at least once in the London Gazette, the Edinburgh Gazette and in one or more newspapers whose circulation (together) covers the whole of Great Britain a notice containing the following particulars —
a
a statement that the applicant has made an application for a licence under the Act;
b
the information referred to in regulation 3(1)(b) and (e), and a summary of the information referred to in regulation 3(1)(c) and (d), contained in the application;
c
a statement that the application has been sent to the Regulator and the address of the principal office of the Regulator.
Signed by the authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
7th March 1994


text:
1
This Order may be cited as the Civil Aviation (Personnel Licences) Order 1992 (Amendment) Regulations 1994 and shall come into force on 1st July 1994.
2
1
The Civil Aviation (Personnel Licences) Order 1992 shall be amended as follows.
2
After article 1 there shall be inserted the following article
1A
In this Order “an EEA State” means a State which is a Contracting Party to 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 but until that Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein.
.
3
In article 2 for the words “a member State” there shall be substituted the words “an EEA State”.
3
This Order extends to Northern Ireland only.
Signed by authority of the Secretary of State for Transport
Mackay of Ardbrecknish
Parliamentary Under Secretary of State,
Department of Transport
30th June 1994


text:
Citation and commencement
1
This Order may be cited as the River Clyde Catchment Area (Part) Protection Order 1994 and shall come into force on 7th October 1994.
Interpretation
2
In this Order–
“freshwater fish” has the same meaning as in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 ;
“the map” means the map marked “Area of the River Clyde Catchment Area (Part) Protection Order 1994”, signed on behalf of the Secretary of State for Scotland and deposited in the office of the Scottish Office Agriculture and Fisheries Department, Pentland House, Robb’s Loan, Edinburgh.
Prohibition of fishing without legal right or written permission
3
Fishing for or taking freshwater fish in the inland waters in the area prescribed in article 4 hereof, without legal right or without written permission from a person having such a right, is hereby prohibited.
Prescribed area
4
The prescribed area, which lies in Strathclyde Region, is that part of the catchment area of the River Clyde comprising the main stem of the River Clyde and its banks from the point where it leaves the Daer Reservoir, and is known as the Daer Water, downstream to the downstream side of Bothwell Bridge and is shown coloured blue on the map.
David R Dickson
Assistant Secretary, Scottish Office
Scottish Office Agriculture and Fisheries Department,
Pentland House,
Edinburgh
18th July 1994


text:
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Insurance Companies (Amendment) Regulations 1994 and shall come into force on 30th December 1994.
2
These Regulations extend to Northern Ireland.
Interpretation
2
1
In these Regulations —
“the 1982 Act ” means the Insurance Companies Act 1982 ;
“the commencement date” means 30th December 1994.
2
In these Regulations expressions which are used in the 1982 Act have the same meanings as in that Act.
AMENDMENTS OF THE 1982 ACT
Extended meaning of “member State” for purposes of Act
3
1
After subsection (6) of section 2 of the 1982 Act (restriction on carrying on insurance business) insert —
7
In relation to any time before it becomes a member State, each of the following, namely, Austria, Iceland, Norway and Sweden, shall be treated as if it were a member State for all purposes of this Act.
8
In relation to any time before it becomes a member State, Finland shall be treated as if it were a member State for all purposes of this Act relating to the carrying on of long term business or the provision of long term insurance.
2
In subsection (1) of section 96 of that Act (general interpretation), after the definitions of “margin of solvency” and related expressions insert —
‘member State’ shall be construed in accordance with section 2(7) and (8) above;
.
Insurance companies to which Part II of Act applies
4
For subsections (1) and (1A) of section 15 of the 1982 Act (insurance companies to which Part II applies) substitute —
1
Subject to the provisions of this section, this Part of this Act applies to —
a
all insurance companies, whether established within or outside the United Kingdom, which carry on insurance business within the United Kingdom; and
b
all UK companies which carry on business in a member State other than the United Kingdom.
1A
Except as otherwise provided by Part I of Schedule 2F to this Act, this Part of this Act except —
a
sections 47A, 47B, 52A, 52B, 54 to 59 and Schedule 2B; and
b
section 49 and Schedule 2C so far as relating to the transfer of policies which evidence contracts of reinsurance,
does not apply to an EC company in so far as it is carrying on insurance business through a branch in respect of which such of the requirements of Part I of Schedule 2F to this Act as are applicable have been complied with.
Restriction on transactions with connected persons
5
1
In subsection (5) of section 31 of the 1982 Act (restriction on transactions with connected persons), omit the words from “and for the purposes of this subsection” to the end.
2
After that subsection insert —
5A
For the purposes of subsection (5) above a person controls a company if he is —
a
a person in accordance with whose directions or instructions the directors of the insurance company or of a body corporate of which it is a subsidiary are accustomed to act; or
b
person who either alone or with any associate or associates is entitled to exercise, or control the exercise of, 15 per cent. or more of the voting power at any general meeting of the insurance company or of a body corporate of which it is a subsidiary;
and for the purposes of this subsection ‘associate’ shall be construed in accordance with section 96C(4) below as it has effect for the purpose of determining for the purposes of this Act whether any person is a controller of an insurance company other than a UK company.
Adequacy of assets
6
1
In subsection (3) of section 35A of the 1982 Act (adequacy of assets), for the words “its liabilities under the contract in respect of linked benefits” substitute the words “such of its liabilities under the contract in respect of linked benefits as are not covered by contracts of reinsurance”.
2
In subsection (4) of that section, in the definition of “linked long term contract”, after the word “means” insert the words “(subject to subsection (5) below)”.
3
After that subsection insert —
5
In subsection (3) above ‘linked long term contract’ does not include a contract the effecting of which constitutes the carrying on of long term business of class VII (a).
Transfers of insurance business
7
1
In paragraph 2(2)(a) of Schedule 2C to the 1982 Act (transfers of insurance business), for the words from “published” to the end of sub-paragraph (i) substitute the words
published in the London, Edinburgh and Belfast Gazettes and, except where the court has otherwise directed —
in two national newspapers in the United Kingdom;
.
2
In paragraph 3(4) of that Schedule, for paragraph (b) substitute —
b
where the United Kingdom is the State of the commitment the Secretary of State certifies that —
i
the transferee company is not precluded by Schedule 2F to this Act from covering the commitment; and
ii
the supervisory authority in the EEA State in which the establishment is situated agrees to the transfer;
.
3
In paragraph 7(1)(a) of that Schedule, for the words from “published” to the end of sub-paragraph (i) substitute the words
published in the London, Edinburgh and Belfast Gazettes and, if he thinks fit —
in two national newspapers in the United Kingdom which have been so approved;
.
4
In paragraph 8(1) of that Schedule, omit the word “and” immediately before paragraph (d) and after that paragraph insert and
e
in the opinion of the Secretary of State the circumstances of the case justify the giving of his approval
.
5
In paragraph 8(4) of that Schedule, omit the words “other than the United Kingdom”, in the second place where they occur, and for paragraph (b) substitute —
b
where the United Kingdom is the State in which the risk is situated, he is satisfied that —
i
the transferee is not precluded by Schedule 2F to this Act from covering the risk; and
ii
the supervisory authority in the EEA State in which the establishment is situated agrees to the transfer;
.
6
In paragraph 8(5) of that Schedule, for the words from “the transferee is” to the end substitute —
a
the transferee is, or will be immediately after the approval —
i
authorised under section 3 or 4 above to carry on; or
ii
an EC company which is not precluded by Part I of Schedule 2F to this Act from carrying on,
general business of the class or classes to be transferred by the instrument; and
b
every policy included in the transfer evidences a contract which was entered into before the date of the application,
and in his opinion the transferee’s financial resources and the other circumstances of the case justify the giving of his approval.
7
In subsection (1) of section 52A of that Act (issue of certificates by the Secretary of State), after paragraph insert —
aa
a company which is authorised in accordance with Article 27 of the first long term insurance Directive, or Article 23 of the first general insurance Directive, is to transfer to a UK company all its rights and obligations under such long term or general policies, or long term or general policies of such descriptions, as may be so specified; or
.
8
In section 52B of that Act (effect of transfers authorised in other EEA States) —
a
in subsection (1)(c), for the words “a non-EC company whose head office is not in an EFTA state” substitute the words “a company which is authorised in accordance with Article 27 of the first long term insurance Directive, or Article 23 of the first general insurance Directive,”; and
b
in subsection (4), omit the word “direct”.
Information for policy holders of UK insurers and EC companies
8
1
In paragraph 1(1) of Schedule 2E to the 1982 Act (information for policy holders of UK insurers and EC companies), after the words “Subject to sub-paragraph (2)” insert the words “and paragraph 5”.
2
At the beginning of paragraph 2(1) of that Schedule insert the words “Subject to paragraph 5 below,”.
3
After paragraph 4 of that Schedule insert —
General
5
1
In the case of a contract involving two or more other parties, this Schedule shall have effect as if a separate contract were being or had been entered into by the insurer with each of those parties.
2
Paragraphs 1 and 2 of this Schedule shall not apply in relation to a contract unless the other party to the contract is habitually resident in the United Kingdom at the time when the contract is entered into.
3
In this paragraph ‘other party’, in relation to a contract, means a party to the contract other than the insurer.
Statutory notice by insurer in relation to long term policy
9
1
For subsection (1) of section 75 of the 1982 Act (statutory notice by insurer in relation to long term policy) substitute —
1
Subject to subsections (5) and (5A) below, unless the requirements of subsection (1A) below are fulfilled —
a
no insurance company which is authorised under section 3 or 4 above, no EC company and no member of Lloyd’s shall enter into a contract the effecting of which constitutes the carrying on of long term business in the United Kingdom; and
b
no UK, EC or EFTA company and no member of Lloyd’s shall enter into a contract the effecting of which constitutes the provision of long term insurance in the United Kingdom.
2
In subsection (5B) of that section, for paragraph (a) substitute —
a
the insurer is a UK, EC or EFTA company or a member of Lloyd's;
.
Minor amendments of Act
10
1
In subsection (2)(ab) of section 11 of the 1982 Act (withdrawal of authorisation in respect of new business) and subsection (2A)(a) of section 12 of that Act (notices of withdrawal under section 11), for the words “is or has not been” substitute the words “is not or has not been”.
2
In paragraph 1(4)(a) of Schedule 2B to that Act (restriction on disclosure of information), after the word “company” insert the words “or any member of Lloyd's”.
3
In subsection (1) of section 96 of that Act (general interpretation), in the definitions of “margin of solvency” and related expressions, for the words “‘Community margin of solvency’” substitute the words “‘EEA margin of solvency’”.
4
In subsection (3)(d) of section 96A of that Act (interpretation of expressions derived from insurance Directives —
a
at the end of sub-paragraph (i) insert the words “at the date when the contract is entered into”; and
b
at the end of sub-paragraph (ii) insert the words “at that date”.
MISCELLANEOUS AND SUPPLEMENTAL
Amendment of Banking Act 1987
11
In section 84(1) of the Banking Act 1987 (disclosure of information obtained under that Act), in Entry No.4 of the Table, in the first column, for the words from the beginning to “Insurance Companies Act 1982” substitute the words “A person authorised to exercise powers under section 43A or 44 of the Insurance Companies Act 1982”.
Amendments of Third Insurance Directives Regulations
12
1
In regulation 69 of the Insurance Companies (Third Insurance Directives) Regulations 1994 (transitional provisions: EC companies), after paragraph (2) insert —
3
Where a State becomes a member State on a date after the commencement date, paragraphs (1) and (2) above shall have effect in relation to an insurance company whose head office is in that State as if any reference to the commencement date were a reference to that later date.
2
In regulation 70 of those Regulations (transitional provisions: UK insurers), after paragraph (2) insert —
3
Where a State becomes a member State on a date after the commencement date, paragraphs (1) and (2) above shall have effect in relation to a UK company which, or a member of Lloyd’s who, immediately before that later date is lawfully carrying on insurance business, or lawfully providing insurance, of a class or part of a class in that State as if —
a
any reference to a member State other than the United Kingdom were a reference to that State; and
b
any reference to the commencement date were a reference to that later date.
3
For regulation 71 of those Regulations substitute —
Transitory provision
71
1
This regulation applies if in any member State (‘the defaulting State’) the third general insurance Directive and the third long term insurance Directive are not fully or substantially implemented —
a
on or before the commencement date; or
b
in the case of a State to which paragraph (3) of regulation 69 above applies, the later date mentioned in that paragraph.
2
Until such date (‘the transitional date’) as those Directives are fully or substantially implemented in the defaulting State, the 1982 Act shall have effect in relation to an insurance company whose head office is in that State as if that State were an EFTA State rather than a member State.
3
Paragraph 2 of Schedule 2E to the 1982 Act shall have effect in relation to an insurance company whose head office is in the defaulting State as if the reference in sub-paragraph (1) to the commencement date were a reference to the transitional date.
4
Paragraphs (1) and (2) of regulation 69 above shall have effect in relation to an insurance company whose head office is in the defaulting State as if any reference to the commencement date, or to the later date mentioned in paragraph (3) of that regulation, were a reference to the transitional date.
Transitional provisions: EC companies
13
1
If —
a
an insurance company which on the commencement date becomes an EC company for all purposes of the 1982 Act was immediately before that date lawfully carrying on insurance business of any class or part of a class in the United Kingdom; or
b
an insurance company which on that date becomes an EC company for all long term purposes of that Act was immediately before that date lawfully carrying on long term business of any class or part of a class in the United Kingdom,
the company shall be treated for those purposes as if the requirements of paragraph 1 or, as the case may require, paragraph 4 of Schedule 2F to that Act (recognition in the United Kingdom of EC and EFTA companies) had been complied with in relation to insurance business or long term business of that class or part of a class.
2
If —
a
an insurance company which on the commencement date becomes an EC company for all purposes of the 1982 Act was immediately before that date lawfully providing insurance of any class or part of a class in the United Kingdom; or
b
an insurance company which on that date becomes an EC company for all long term purposes of that Act was immediately before that date lawfully providing long term insurance of any class or part of a class in the United Kingdom,
the company shall be treated for those purposes as if the requirements of paragraph 8 of Schedule 2F to that Act had been complied with in relation to insurance or long term insurance of that class or part of a class.
3
Paragraph 2 of Schedule 2E to the 1982 Act (information for policy holders of UK insurers and EC companies) shall have effect in relation to an insurance company which falls within paragraph (1) or (2) above as if the reference in sub-paragraph (1) to 1st July 1994 were a reference to the commencement date.
4
In this regulation and regulation 15 below —
a
“long term purposes” means purposes relating to the carrying on of long term business or the provision of long term insurance; and
b
references to an insurance company becoming an EC company are references to it becoming such a company by virtue of section 2(7) or (8) of the 1982 Act.
Transitional provisions: UK insurers
14
1
If —
a
a UK company or a member of Lloyd’s was immediately before the commencement date lawfully carrying on insurance business of a class or part of a class in Austria, Iceland, Norway or Sweden; or
b
such a company or member was immediately before that date lawfully carrying on long term business of a class or part of a class in Finland,
the company or member shall be treated for the purposes of the 1982 Act as if the requirements of paragraph 1 of Schedule 2G to that Act (recognition in other EEA States of UK insurers) had been complied with in relation to insurance business or long term business of that class or part of a class.
2
If —
a
a UK company or a member of Lloyd’s was immediately before the commencement date lawfully providing insurance of a class or part of a class in Austria, Iceland, Norway or Sweden; or
b
such a company or member was immediately before that date lawfully providing long term insurance of a class or part of a class in Finland,
the company or member shall be treated for the purposes of the 1982 Act as if the requirements of paragraph 5 of Schedule 2G to that Act had been complied with in relation to insurance or long term insurance of that class or part of a class.
Transitory provision
15
1
This regulation applies if —
a
in Austria, Iceland, Norway or Sweden, the third general insurance Directive and the third long term insurance Directive are not fully or substantially implemented on or before the commencement date; or
b
in Finland, the third long term insurance Directive is not fully or substantially implemented on or before that date.
2
Until such date (“the transitional date”) as those Directives are or, as the case may be, that Directive is fully or substantially implemented in the State concerned (“the defaulting State”), the 1982 Act shall have effect in relation to an insurance company —
a
whose head office is in that State; and
b
which, apart from this paragraph, would on the commencement date become an EC company for all purposes or, as the case may be, all long term purposes of that Act,
as if the provision made as regards that State by section 2(7) or (8) of that Act had not been made.
3
Regulation 13 above shall have effect in relation to an insurance company —
a
whose head office is in the defaulting State; and
b
which on the transitional date becomes an EC company for all purposes or, as the case may be, all long term purposes of the 1982 Act,
as if any reference to the commencement date were a reference to the transitional date.
Jonathan Evans
Parliamentary Under-Secretary of State,
Department of Trade and Industry
7th December 1994