text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Surrey Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 16th March 1995.
2
In this Order —
“the Authority” means the East Surrey Health Authority;
“the Trust” means the Surrey Ambulance Service 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 22nd November 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th March 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
16th February 1995


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Lothian and Borders Combined Police Area Amalgamation Scheme Order 1995.
2
This Order shall come into force on 31st October 1995.
The Lothian and Borders Combined Police Area Amalgamation Scheme 1995
2
The Lothian and Borders Combined Police Area Amalgamation Scheme 1995, which is set out in the Schedule to this Order, is hereby made.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
5th October 1995


text:
Commencement and citation
1
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 1995.
2
These Regulations shall come into force for the purposes of regulation 3(4), (5) and (8) on 1st January 1996 and for all other purposes on 25th September 1995.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to Regulation 61 (emission of smoke, vapour, gases, oily substances, etc )
3
1
Regulation 61 shall be amended as follows.
2
In paragraph (1), for the words “paragraph (4)” there shall be substituted the words “paragraph (3B)”.
3
For paragraph (10A), there shall be substituted the following paragraph —
10A
Without prejudice to paragraphs (1) and (7) and subject to the following provisions of this regulation, no person shall use, or cause or permit to be used on a road, a vehicle first used on or after 1st August 1975 and propelled by a four-stroke spark ignition engine, if the vehicle is in such a condition and running on such fuel that —
a
when the engine is idling the carbon monoxide content of the exhaust emissions from the engine exceeds —
i
in the case of a vehicle first used before 1st August 1986, 4.5%; or
ii
in the case of a vehicle first used on or after 1st August 1986, 3.5%;
of the total exhaust emissions from the engine by volume; and
b
when the engine is running without load at a rotational speed of 2,000 revolutions per minute, the hydrocarbon content of those emissions exceeds 0.12% of the total exhaust emissions from the engine by volume.
.
4
After paragraph (10A), there shall be inserted the following paragraphs —
10AA
Without prejudice to paragraphs (1) and (7) and subject to the following provisions of this regulation, no person shall use, or cause or permit to be used on a road, a vehicle to which this paragraph applies and which is propelled by a spark ignition engine, if the vehicle is in such a condition and running on such fuel that Part I of Schedule 7B applies to the vehicle.
10AB
Subject to paragraphs (10AC) and (10B), paragraph (10AA) applies to —
a
a passenger car which —
i
is first used on or after 1st August 1992 and before 1st August 1994, and
ii
is of a description mentioned in the Annex to the emissions publication;
b
a vehicle which —
i
is not a passenger car,
ii
is first used on or after 1st August 1994 and before 1st August 1996, and
iii
is of a description mentioned in the Annex to the emissions publication;
c
a passenger car which is first used on or after 1st August 1994; or
d
a vehicle which —
i
is not a passenger car,
ii
is first used on or after 1st August 1996, and
iii
has a maximum gross weight not exceeding 3,500 kg ,
and in this paragraph, “emissions publication” has the meaning given in Part I of Schedule 7B.
10AC
Until 1st August 1997, paragraph (10AA) shall not apply to a vehicle in Class V or VI within the meaning of the Motor Vehicles (Tests) Regulations 1981 .
10AD
Paragraph (10A) does not apply to a vehicle to which paragraph (10AA) applies.
.
5
In paragraph (10B), for the words “Paragraph (10A) does not” there shall be substituted the words “Paragraphs (10A) and (10AA) do not” and in sub-paragraph (d) the word “above” shall be omitted.
6
After paragraph (10B), there shall be inserted the following paragraphs —
10BA
Without prejudice to paragraphs (1) and (7), no person shall use, or cause or permit to be used on a road, a vehicle propelled by a compression ignition engine, if the vehicle is in such a condition and running on such fuel that Part II of Schedule 7B applies to the vehicle.
10BB
Paragraph (10BA) shall not apply to —
a
a vehicle if, at the date that the engine was manufactured, that engine was incapable of meeting the requirements specified in that paragraph;
b
a vehicle being driven to a place where it is to undergo repairs;
c
an exempt vehicle within the meaning given by paragraph (12)(a);
d
engineering plant, an industrial tractor or a works truck; and
e
a vehicle in Class III , IV , V or VII within the meaning of the Motor Vehicles (Tests) Regulations 1981 and first used before 1st August 1979.
10BC
Until 1st April 1996, paragraph (10BA) shall not apply to a vehicle in respect of which there is in force a licence under section 6 of the Metropolitan Carriage Act 1869 .
.
7
In paragraph (11), for the words “item 8, 9, 10 or 11” there shall be substituted the words “any item numbered 8 or more”.
8
After paragraph (11), there shall be inserted the following paragraph —
11A
In this regulation, “passenger car” means a motor vehicle which —
a
is constructed or adapted for use for the carriage of passengers and is not a goods vehicle;
b
has no more than five seats in addition to the driver’s seat; and
c
has a maximum gross weight not exceeding 2,500kg.
.
9
For Table II there shall be substituted the Table set out in Schedule 1 to these Regulations.
New Schedule 7B (Emission requirements relating to certain motor vehicles)
4
After Schedule 7A, there shall be inserted the Schedule set out in Schedule 2 to these Regulations.
Consequential Amendments
5
In Table I of Schedule 2, after item 68 there shall be inserted the following item —
69 94/12 23.3.94. L100, 19.4.94, p.42 Measures to be taken against air pollution by emissions from motor vehicles 70/220 as amended by 74/290, 77/102, 78/665, 83/351, 88/76, 88/436, 89/458, 91/441 and 93/59 4L 2J
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
10th August 1995


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Registration Appeal Court) 1995 and shall come into force on 17th July 1995.
2
This Act of Sederunt shall be inserted into the Books of Sederunt.
Registration Appeal Court
2
1
The Court of three judges for hearing registration appeals under section 57 of the Representation of the People Act 1983 shall be the Honourable Lord Morison, the Honourable Lord Sutherland and the Honourable Lord Marnoch.
2
The Act of Sederunt (Registration Appeal Court) 1994 is revoked.
Hope of Craighead
Lord President, I.P.D.
Edinburgh
22nd June 1995


text:
Commencement and citation
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 6) Regulations 1995 and shall come into force on 1st January 1996.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be amended in accordance with the following provisions of these Regulations.
Amendments to regulation 3 (interpretation)
3
In the Table in regulation 3(2), in the meaning specified in column 2 for the expression “overall width” specified in column 1 —
a
the word “or” immediately following paragraph (1) shall be omitted; and
b
after paragraph (m) there shall be added the following —
; or
n
any apparatus fitted to a bus which enables it to be guided wholly or mainly by means of wheels bearing outwards against fixed apparatus, provided that no part of the apparatus projects more than 75mm beyond the side of the bus when the wheels of the bus are parallel to its longitudinal axis;
and the reference in paragraph (n) above to the side of a bus is a reference to the longitudinal plane passing through the extreme lateral projecting points of the vehicle inclusive of all parts of the vehicle, of any receptacle which is of permanent character and accordingly strong enough for repeated use, and any fitting on, or attached to, the vehicle except those items referred to in paragraphs (a) to (n).
.
Amendments relating to width
4
1
Regulation 8 shall be amended as follows.
2
In the Table in paragraph (1), for “2.5” in column 3 of items 3, 4, 5 and 6 there shall be substituted “2.55”.
3
In paragraph (3), for “2.5” there shall be substituted “2.55”.
5
In regulation 82(11)(a), for “2.5” there shall be substituted “2.55”.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
27th November 1995


text:
Citation and commencement
1
This Order may be cited as the Financial Assistance for Environmental Purposes (No. 2) Order 1995 and shall come into force on 28th March 1995.
Variation of section 153(1) of the Environmental Protection Act 1990
2
In section 153(1) of the Environmental Protection Act 1990 (purposes for which financial assistance may be given) there shall be inserted after paragraph (x) :
y
the Energy Saving Trust Limited.
Signed by authority of the Secretary of State
Robert Jones
Parliamentary Under Secretary of State,
Department of the Environment
3rd March 1995


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 1995 and shall come into force on 29th May 1995.
2
The Motor Vehicles (Driving Licences) Regulations 1987 shall be amended in accordance with regulations 3 and 4 below.
3
1
Regulation 19 (Fees in respect of tests) shall be amended as follows.
2
In paragraph (3) —
a
in sub-paragraph (a), for “£35” there shall be substituted “£36”; and
b
in sub-paragraph (b), for “£27.50” there shall be substituted “£28.50”.
3
In paragraph (3A) —
a
in sub-paragraph (a), for “£46.50” there shall be substituted “£47.50”; and
b
in sub-paragraph (b), for “£37.50” there shall be substituted “£38.50”.
4
In paragraph (5), for “£27.50” there shall be substituted “£28.50”.
4
1
Regulation 19A (Fees in respect of extended tests) shall be amended as follows.
2
In paragraph (3) —
a
in sub-paragraph (a), for “£70” there shall be substituted “£72”; and
b
in sub-paragraph (b), for “£55” there shall be substituted “£57”.
3
In paragraph (4)(a) for “£92” there shall be substituted “£95”.
5
Regulations 3 and 4 above shall not apply in the case of an application for an appointment for a test duly made before 29th May 1995.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
28th April 1995
We approve the making of these Regulations
Timothy Kirkhope
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
1st May 1995


text:
1
These Regulations may be cited as the Justices of the Peace Act 1949 (Compensation) (Variation) Regulations 1995 and shall come into force on 3rd February 1995.
2
For regulation 3 of the Justices of the Peace Act 1949 (Compensation) Regulations 1978 there shall be substituted the following —
3
1
These Regulations shall apply to any person who —
a
held the office of justices' clerk on 2nd February 1995 and continues to hold such office immediately before the material date; or
b
was employed in assisting the holder of the office of justices' clerk in the performance of the duties of that office on 2nd February 1995 and either —
i
remains so employed, or
ii
left that employment to hold office as a justices' clerk and continues to hold such office,
immediately before the material date.
2
Paragraph (1) shall apply notwithstanding that the determining authority is not the magistrates' courts committee which had appointed the person to the office of justices' clerk held on 2nd February 1995 or, as the case may be, by which the person was employed on 2nd February 1995.
Mackay of Clashfern, C.
Dated 12th January 1995


text:
1
These Regulations may be cited as the Civil Aviation (Canadian Navigation Services) (Second Amendment) Regulations 1995 and shall come into force on 1st November 1995.
2
The Civil Aviation (Canadian Navigation Services) Regulations 1994 , shall be amended as follows:
a
for regulation 2 there shall be substituted the following regulation —
2
1
In these Regulations —
“authorised person” means any constable or any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“specified airspace” means the airspace of Canada other than airspace within the Gander Oceanic Flight Information Region.
2
Other expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation ( No. 2) Order 1995 .
b
for regulation 4 there shall be substituted the following regulation —
4
1
The operator of an aircraft, wherever registered, shall pay to the CAA charges in respect of air navigation services provided by or on behalf of the Government of Canada as follows:
a
in respect of each flight between any point in North America and any point outside North America in the course of which the aircraft makes use of such services within the Gander Oceanic Flight Information Region other than a flight described in sub-paragraph (c) of this paragraph, a charge of $90.24 Canadian; and
b
in respect of each flight in the course of which the aircraft makes use of international radio frequencies to obtain air navigation services by way of telecommunication services provided by or on behalf of the Government of Canada other than a flight described in sub-paragraph (c) of this paragraph, a charge of $53.68 Canadian; and
c
in respect of each flight from or to an airport in Canada situated north of N6000 to or from an airport in Greenland in the course of which the aircraft makes use of one or more of the services described in sub-paragraphs (a) and (b) of this paragraph, a charge of 40 per cent of the charge specified in those sub-paragraphs for each of the services used; and
d
subject to sub-paragraph (e) of this paragraph, in respect of each flight which crosses specified airspace without landing or taking off in the course of which the aircraft makes use of air navigation services provided by or on behalf of the Government of Canada, a charge of $0.026142 Canadian multiplied by the flight distance in kilometres through the specified airspace and multiplied by the square root of the maximum total weight authorised of the aircraft in metric tonnes;
e
sub-paragraph (d) of this paragraph shall not apply to any of the following flights —
i
a flight by an aircraft in the service of a State which is not made for commercial purposes;
ii
a flight by an aircraft between any two points both of which are in the United States of America other than a flight to or from an airport in Alaska by aircraft the maximum total weight authorised of which is more than 200 metric tonnes and a flight to or from Hawaii.
2
The charges specified in sub-paragraphs (a), (b) and (d) of paragraph (1) of this regulation shall be cumulative and shall apply whether or not in the course of the flight the aircraft flies within the United Kingdom or Canada.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
13th October 1995
We consent to the making of these Regulations
Derek Conway
David Willets
Two of the Lord’s Commissioners of Her Majesty’s Treasury
16th October 1995


text:
Citation and commencement
1
This Order may be cited as the Annual Close Time (River Eachaig Salmon Fishery District) Order 1995 and shall come into force on 1st January 1996.
Annual close time and period permitted for salmon fishing by rod and line
2
For the River Eachaig Salmon Fishery District —
a
the dates of the annual close time shall be 1st September to 30th April, both dates inclusive; and
b
the period within that time when it is permitted to fish for and take salmon by rod and line shall be 1st September to 31st October, both dates inclusive.
D R Dickson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
23rd November 1995


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Rules of the Supreme Court (Amendment) 1995.
2
These Rules shall come into force on 1st October 1995, except for rules 52 and 53 which shall come into force on 1st December 1995.
2
In these Rules, an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965 and Appendix A means Appendix A to those Rules.
PART 1
REVENUE PROCEEDINGS
3
After Order 59, rule 24 , there shall be inserted the following new rule —
Appeals from Special Commissioners
25
1
An application to the Court of Appeal for leave to appeal from the Special Commissioners direct to that court under section 56A of the Taxes Management Act 1970 shall be made within 28 days from the date on which the Special Commissioners certify that their decision involves a point of law relating wholly or mainly to the construction of an enactment which was fully argued before them and fully considered by them.
2
Such an application shall be made by the parties jointly lodging a copy of the decision, endorsed with the certificate of the Special Commissioners, and a statement of the grounds of the application with the Registrar of Civil Appeals. The application shall be determined by a single judge of the Court of Appeal, who may make his determination without a hearing.
3
The Registrar of Civil Appeals shall notify the parties of the determination of the single judge, and,
a
where leave to appeal to the Court of Appeal is granted, the applicant shall within 14 days after such notification serve the notice of appeal on the Clerk to the Special Commissioners as well as on all parties directly affected by the proceedings before the Special Commissioners;
b
where leave to appeal to the Court of Appeal is refused, the period specified in Order 55, rule 4(2) for appealing to the High Court shall be calculated from the date of notification of the refusal.
.
4
Order 61, rule 4 shall be omitted.
5
Order 91 shall be amended as follows —
a
for rule 1 there shall be substituted the following —
1
The following proceedings, namely —
a
any case stated for the opinion of the High Court under —
i
section 13 of the Stamp Act 1891 , or
ii
section 705A of the Income and Coporation Taxes Act 1988 , or
iii
regulation 22 of the General Commissioners (Jurisdiction and Procedure) Regulations 1994 ;
b
any appeal to the High Court under —
i
section 53 , 56A or 100C(4) of the Taxes Management Act 1970, or
ii
section 222(3), 225, 249(3) or 251 of the Inheritance Tax Act 1984 , or
iii
regulation 8(3) or 10 of the Stamp Duty Reserve Tax Regulations 1986 ;
c
any application for leave to appeal under the said section 222(3) or the said regulation 8(3); and
d
proceedings to which the provisions of section 56A of the Taxes Management Act 1970 apply under any enactment or regulation,
shall be assigned to the Chancery Division and heard and determined by a single judge.
;
b
for rule 3(1) there shall be substituted the following —
1
At any time after a case stated under section 705A of the Income and Corporation Taxes Act 1988 or regulation 22 of the General Commissioners (Jurisdiction and Procedure) Regulations 1994 has been filed in Chancery Chambers either party may set down the case for a hearing.
;
c
in rule 5(1), for “section 249(3) or 251(2) of the Inheritance Tax Act 1984” there shall be substituted “section 249(3) or 251 of the Inheritance Tax Act 1984”;
d
after rule 5 there shall be inserted the following new rule —
Appeals under section 56A of the Taxes Management ]Act 1970, section 225 of the Inheritance Tax Act 1984 and regulation 10 of the Stamp Duty Reserve Tax Regulations 1986
5A
1
This rule applies to appeals under section 56A of the Taxes Management Act 1970, section 225 of the Inheritance Tax Act 1984 and regulation 10 of the Stamp Duty Reserve Tax Regulations 1986.
2
The notice of motion by which such an appeal is brought must be issued out of Chancery Chambers.
3
Order 55, rule 3(2) shall apply in relation to the notice of motion as if the decision or determination appealed against were the decision of a court.
4
Order 55, rule 4(2) shall apply in relation to such an appeal as if for the period of 28 days specified in that rule there were substituted a period of 56 days, except where the appeal is made following the refusal of the Special Commissioners to issue a certificate under section 56A(2)(b) of the Taxes Management Act 1970 or the refusal of leave to appeal to the Court of Appeal under section 56A(2)(c) of that Act.
5
Where the appeal is made following the refusal of the Special Commissioners to issue a certificate under section 56A(2)(b) of the Taxes Management Act 1970, the period of 28 days specified in Order 55, rule 4(2) shall be calculated from the date of the release of the decision of the Special Commissioners containing the refusal.
6
Where the appeal is made following the refusal of leave to Court of Appeal under section 6A(2)(c) of the Taxes Management Act 1970, the period of 28 days specified in Order 55, rule 4(2) shall be calculated from the date when leave is refused.
7
Order 57 shall not apply to proceedings to which this rule applies.
;
e
for rule 6(3) there shall be substituted the following —
3
Order 55, rule 4(2) shall apply in relation to any such appeal as if for the period of 28 days specified in that rule there were substituted a period of 56 days, except where the appeal is made following the refusal of the Value Added Tax Tribunal to grant a certificate under article 2(b) of the Value Added Tax Tribunal Appeals Order 1986 .
3A
Where the tribunal has refused to grant a certificate under article 2(b) of the Value Added Tax Tribunal Appeals Order 1986, the 28 days period mentioned in Order 55, rule 4(2) shall be calculated from the date of the release of the decision of the tribunal containing the refusal.
.
Transitional provisions
6
1
Rules 3 to 5 apply only to proceedings to which the Special Commissioners (Jurisdiction and Procedure) Regulations 1994 or the General Commissioners (Jurisdiction and Procedure) Regulations 1994 apply.
2
Rule 3 shall not apply to any proceedings in which the Special Commissioners' certificate issued under section 56A(2)(b) of the Taxes Management Act 1970 is issued before the date on which these Rules come into force.
3
Rule 5(e) shall apply to all proceedings in which the decision of the tribunal is made on or after the date on which these Rules come into force.
PART 2
LEAVE TO APPEAL
7
Order 58, rule 2 (appeals from certain decisions of Masters, etc. to the Court of Appeal) shall be amended as follows —
a
after the words “An appeal shall lie” there shall be inserted “with leave”;
b
the text of Order 58, rule 2 (as amended by paragraph (a)) shall stand as paragraph (1) of that rule and, after it, there shall be inserted the following new paragraph —
2
Leave to appeal to the Court of Appeal may be given by the Master from whose judgment, order or decision the appeal is sought or by the Court of Appeal.
.
8
Order 59, rule 1B (classes of case where leave to appeal is required) shall be amended as follows —
a
in paragraph (1) —
i
in sub-paragraph (c), the words from “except in proceedings” to the end shall be omitted;
ii
sub-paragraphs (f)(ii) and (iii) shall be omitted;
iii
after sub-paragraph (f) there shall be inserted the following new sub-paragraphs —
g
an order made on an appeal to a judge from any order of a Master, the Admiralty Registrar or a District Judge of the Family Division or a District Registry;
h
orders under section 42(1) of the Supreme Court Act 1981 (restriction of vexatious legal proceedings);
i
orders relating to —
i
the existence, position, form, extent or course of a boundary; or
ii
the existence or terms of an easement.
;
b
for paragraph (2) there shall be substituted the following —
2
In this rule, ‘order’ includes a judgment, decree, decision or direction.
.
9
Rules 7 and 8 shall apply regardless of when the order which is sought to be appealed was made, except where an appeal against that order was set down or an application in respect of that order was lodged before the date on which these Rules come into force.
PART 3
CONDITIONAL FEES
10
Order 62 shall be amended in accordance with rules 11 to 14 and in those rules a reference to a rule by number means the rule so numbered in Order 62.
11
For rule 15(1), there shall be substituted the following —
1
This rule applies to every taxation of a solicitor’s bill to his own client except —
a
a bill which is to be paid out of the legal aid fund under the Legal Aid Act 1988 ; or
b
where the solicitor and his client have entered into a conditional fee agreement as defined by section 58 of the Courts and Legal Servies Act 1990 .
.
12
After rule 15, there shall be inserted the following new rule —
Conditional fee agreements
15A
1
This rule applies to every taxation of a solicitor’s bill to his own client where the solicitor and his client have entered into a conditional fee agreement as defined by section 58 of the Courts and Legal Services Act 1990.
2
In this rule —
a
‘the base costs’ means the costs other than a percentage increase;
b
‘percentage increase’ means a percentage increase pursuant to a conditional fee agreement entered into between the solicitor and his client or, as the case may be, between counsel and the solicitor.
3
On a taxation to which this rule applies, the client may apply for taxation of either the base costs or a percentage increase, or of both.
4
Where the client applies for taxation of a percentage increase, he —
a
may give reasons why the percentage increase should be reduced; and
b
may state what he believes the percentage increase should be.
5
On a taxation to which this rule applies —
a
where the client applies for taxation of the base costs, the base costs shall be taxed on an indemnity basis as if the solicitor and his client had not entered into a conditional fee agreement and rule 15(2) shall apply to the taxation of the base costs;
b
where the client applies for taxation of a percentage increase, the percentage increase may be reduced where it is disproportionate having regard to all relevant factors, including —
i
the risk that the circumstances in which the fees or expenses would be payable might not occur;
ii
the disadvantages relating to the absence of payments on account;
iii
whether the amount which might be payable under the conditional fee agreement is limited to a certain proportion of any damages recovered by the client;
iv
whether there is a conditional fee agreement beween the solicitor and counsel.
6
A percentage increase may be reduced notwithstanding that it does not exceed the maximum percentage permissible pursuant to section 58(2) of the Courts and Legal Services Act 1990.
7
When considering the factors mentioned in paragraph (5)(b)(i) and (ii), the taxing officer shall have regard to the risk or disadvantages (as the case may be) as they reasonably appeared to the solicitor or counsel when the conditional fee agreement was entered into or at the time of any variation of the agreement.
8
Taxations under this rule may be carried out only by a taxing master or district judge.
.
13
In rule 16(2) (costs payable where money is claimed by or on behalf of a minor or a patient) —
a
for “paragraphs (1) and (2) of rule 15”, there shall be substituted “rule 15(1) and (2) or (if applicable) rule 15A”, and
b
for “paragraph (3) of that rule”, there shall be substituted “rule 15(3)”.
14
At the end of rule 29(7) (documents to be lodged on taxation) there shall be inserted the following —
e
on a taxation to which rule 15A applies, a copy of any relevant conditional fee agreement.
.
PART 4
DRUG TRAFFICKING ACT 1994
15
Order 115 shall be amended in accordance with rules 16 to 34 below, and in those rules a reference to a rule by number means the rule so numbered in Order 115.
16
The title of Part I of Order 115 shall be amended by substituting, for “Drug Trafficking Offences Act 1986 ”, “Drug Trafficking Act 1994”.
17
In rule 1(1), for “Drug Trafficking Offences Act 1986” there shall be substituted “Drug Trafficking Act 1994”.
18
After rule 2 there shall be inserted the following new rules —
Title of proceedings
2A
An originating process under this Part of this Order shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled.
Application for confiscation order
2B
1
An application by the prosecutor for a confiscation order under section 19 shall be made by summons, where there have been proceedings against the defendant in the High Court, and shall otherwise be made by originating motion.
2
The application shall be supported by an affidavit giving full particulars of the following matters —
a
the grounds for believing that the defendant has died or absconded;
b
the date or approximate date on which the defendant died or absconded;
c
where the application is made under section 19(2), the offence or offences of which the defendant was convicted, and the date and place of conviction;
d
where the application is made under section 19(4), the proceedings which have been initiated against the defendant (including particulars of the offence and the date and place of institution of those proceedings); and
e
where the defendant is alleged to have absconded, the steps taken to contact him.
3
The prosecutor’s statement under section 11 shall be exhibited to the affidavit and shall include the following particulars —
a
the name of the defendant;
b
the name of the person by whom the statement is given;
c
such information known to the prosecutor as is relevant to the determination whether the defendant has benefited from drug trafficking and to the assessment of the value of his proceeds of drug trafficking.
4
Unless the Court otherwise orders, an affidavit under paragraph (2) may contain statements of information and belief, with their sources and grounds.
5
The application and the affidavit in support shall be served not less than 7 days before the date fixed for the hearing of the application on —
a
the defendant (or on the personal representatives of a deceased defendant);
b
any person who the prosecutor reasonably believes is likely to be affected by the making of a confiscation order; and
c
the receiver, where one has been appointed in the matter.
.
19
Rule 3 shall be amended as follows —
a
in paragraph (1), for “section 8” and “section 9” there shall be substituted “section 26”and “section 27” respectively;
b
for paragraph (2) there shall be substituted the following —
2
An application under paragraph (1) shall be supported by an affidavit, which shall —
a
give the grounds for the application; and
b
to the best of the deponent’s ability, give full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property.
;
c
paragraph (3) shall be omitted; and
d
paragraph (4) shall be re-numbered paragraph (3).
20
At the end of rule 5 there shall be inserted the following new paragraph —
4
The Court may also discharge a restraint order or a charging order upon receiving notice from the prosecutor that it is no longer appropriate for the restraint order or the charging order to remain in place.
.
21
Rule 6(1) shall be amended as follows —
a
after the words “where the case is one of urgency” there shall be inserted “or the giving of notice would cause a reasonable apprehension of dissipation of assets”; and
b
in sub-paragraph (a), the words “discharge or” shall be omitted.
22
Rule 7 shall be amended as follows —
a
in paragraph (1), for “section 11” there shall be substituted “section 29”;
b
in paragraph (3), for “section 4(2)” there shall be substituted “section 5(2)”; and
c
for paragraph (4) there shall be substituted the following —
4
The Court may, on an application under section 29 —
a
exercise the power conferred by section 30(2) to direct the making of payments by a receiver;
b
give directions in respect of the property interests to which the application relates; and
c
make declarations in respect of those interests.
.
23
Rule 8 shall be amended as follows —
a
in paragraph (1), for “section 8 or 11” there shall be substituted “section 26 or 29”; and
b
after paragraph (4) there shall be inserted the following new paragraph —
5
A receiver may apply for an order to discharge him from his office by making an application, which shall be served, together with any evidence in support, on all persons affected by his appointment not less than 7 days before the day fixed for the hearing of the application.
.
24
Rule 9 shall be amended as follows —
a
in paragraph (1) —
i
after the word “defendant”, there shall be inserted “or a receiver appointed under section 26 or 29 or in pursuance of a charging order”;
ii
for “section 14(1)” there shall be substituted “section 17(1)”; and
b
in paragraph (2), for the words from “and on the receiver” to the end, there shall be substituted “and, as the case may be, on either the defendant or the receiver (where one has been appointed)”.
25
After rule 9 there shall be inserted the following new rule —
Certificate under section 16
9A
An application under section 16(2) (increase in realisable property) shall be served with any supporting evidence not less than 7 days before the date fixed for the hearing of the application on the defendant and, as the case may be, on either the prosecutor or (where one has been appointed in the matter) on the receiver.
.
26
In rule 10 —
a
for “section 19” where if first appears in rule 10 there shall be substituted “section 18”; and
b
for “section 19(4)” there shall be substituted “section 18(5)”.
27
Rule 11 shall be amended as follows —
a
in paragraph (1) —
i
for “section 30” there shall be substituted “section 59”;
ii
for “section 8 or 11” there shall be substituted “section 26 or 29”; and
iii
for “section 30(8)” there shall be substituted “section 59(8)”;
b
in paragraph (3) —
i
for “section 30(4)” there shall be substituted “section 59(4)”; and
ii
for “section 30(7)” there shall be substituted “section 59(7)”;
28
After rule 11 there shall be inserted the following new rule —
Compensation for, discharge and variation of compensation order
11A
1
An application under section 21, 22 or 23 shall be made by summons which, together with any evidence in support, shall be lodged with the Court and served on the prosecutor not less than 7 days before the day fixed for the hearing of the summons.
2
Notice shall also be served on any receiver appointed in pursuance of a charging order or under section 26 or 29.
3
An application for an order under section 22 shall be supported by an affidavit giving details of —
a
the confiscation order made under section 19(4);
b
the acquittal of the defendant;
c
the realisable property held by the defendant; and
d
the loss suffered by the applicant as a result of the confiscation order.
4
An application for an order under section 23 shall be supported by an affidavit giving details of —
a
the confiscation order made under section 19(4);
b
the date on which the defendant ceased to be an absconder;
c
the date on which proceedings against the defendant were instituted and a summary of the steps taken in the proceedings since then; and
d
any indication given by the prosecutor that he does not intend to proceed against the defendant.
5
An application made under section 21 shall be supported by an affidavit giving details of —
a
the confiscation order made under section 19(4);
b
the circumstnaces in which the defendant ceased to be an absconder; and
c
the amounts referred to in section 21(2).
6
Where an application is made for an order under section 23(3) or 24(2)(b), the affidavit shall also include —
a
details of the realisable property to which the application relates; and
b
details of the loss suffered by the applicant as a result of the confiscation order.
7
Unless the Court otherwise orders, an affidavit under paragraphs (3) to (6) may contain statements of information and belief, with the sources and grounds thereof.
.
29
In rule 12, for “sections 24A and 26A” where those words appear in the title and the body of the rule there shall be substituted “sections 37 and 40”.
30
In rule 13, for “section 24A” and “section 26A(1)” there shall be substituted “section 37”and “section 40(1)” respectively.
31
In rule 14, for “section 24A” where those words appear in the title and the body of the rule there shall be substituted “section 37”.
32
In rule 15, in the title, for “section 26A(1)” there shall be substituted “section 40(1)”.
33
In rule 21, for “section 24A” and “section 26” there shall be substituted “section 37” and “section 39” respectively.
34
In rule 23(b) —
a
for “Drug Trafficking Offences Act 1986” there shall be substituted “Drug Trafficking Act 1994”; and
b
for “sections 4(2), 8, 9, 11, 12(1), 14(1), 19, 19(4), 26 and 26A of the 1986 Act” there shall be substituted “section 5(2), 26, 27, 29, 30(2), 17(1), 18, 18(5), 39 and 40 of the 1994 Act”.
35
1
Rules 15 to 34, except rules 20, 21, 22(c) (so far as that rule enables the Court to give directions and make declarations) and 23(b), shall not apply to any proceedings to which Part I of the Drug Trafficking Act 1994 does not apply.
2
Except as provided by paragraph (1), Order 115 shall continue to apply to such proceedings as if rules 15 to 34 had not been made.
PART 5
MISCELLANEOUS AMENDMENTS
Automatic directions
36
In Order 25, rule 8(4)(a), for the words “sickness benefit” there shall be substituted “incapacity benefit” .
Powers of the Court in originating summons proceedings
37
For Order 28, rule 10 there shall be substituted the following —
Failure to comply with rules or court orders
10
If any party to a cause or matter begun by originating summons, or a counterclaim under rule 7, does not comply with this Order, or with any order or direction of the Court as to the conduct of the proceedings, the Court may order that the cause or matter or counterclaim be dismissed or, as the case may be, the defendant be debarred from adducing such evidence in the cause or matter or counterclaim as the Court may specify, or (if it thinks appropriate) that the defence or counterclaim be struck out and judgment entered accordingly.
.
Application for an injunction
38
In Order 29, rule 1(2), the words “the applicant is the plaintiff and” shall be omitted.
Costs of charging orders absolute
39
At the end of Order 62, Appendix 3, Part III, item 4, there shall be inserted the words, “together with such reasonable disbursements in respect of search fees and the registration of the order as the Court may allow.”.
Bail
40
In Order 79, rules 9(6)(a), (8)(a) and (10)(a), for the words “where the defendant has been committed to the Crown Court for trial or to be sentenced” there shall be substituted “where the proceedings in respect of the defendant have been transferred to the Crown Court for trial or where the defendant has been committed to the Crown Court to be sentenced”.
41
In Appendix A —
a
in Form No. 98 (Order of judge in chambers to release prisoner on bail) —
i
for the words “A. B. [ state the circumstances in which the applicant was committed as, for example , was remanded in custody or was committed in custody by a magistrates' court sitting at for trial at the Crown Court” there shall be substituted the words “[ state the circumstances in which the applicant was remanded in custody as, for example , A.B. was remanded in custody or whilst A.B. was in custody the proceedings in respect of A.B. were transferred by a magistrates' court sitting at for trial at the Crown Court”;
ii
before the words “was convicted by” there shall be inserted “A.B.”; and
b
in Form No. 98A (Order of judge in chambers varying arrangements for bail) —
i
for the words “[ state the circumstances in which the committal was made as, for example , A.B. was remanded in custody or was committed in custody by a magistrates' court sitting at for trial at the Crown Court” there shall be substituted “[ state the circumstances in which the applicant was remanded in custody as, for example , A.B. was remanded in custody or whilst A.B. was in custody the proceedings in respect of A.B. were transferred by a magistrates' court sitting at for trial at the Crown Court”;
ii
before the words “was convicted by” there shall be inserted “A.B.”.
42
Rule 40 shall not apply where the defendant has been committed to the Crown Court for trial and the relevant provisions of Order 79 shall continue to apply to such proceedings as if rule 40 had not been made.
Summary judgement in actions for specific performance
43
After Order 86, rule 7 there shall be inserted the following new rule —
Application for summary judgement on counterclaim
8
1
Where a defendant to proceedings in the Chancery Division has served a counterclaim on the plaintiff including any claim such as is specified in rule 1(1), the defendant may apply to the Court for judgment on the ground that the plaintiff has no defence to the claim.
2
Rules 2 to 7 shall apply in relation to an application under paragraph (1) as if the counterclaim were an action.
.
44
In Order 14, rule 1(3), for the word “action”, there shall be substituted “claim”.
Mortgage action for payment of money
45
Order 88, rule 5 shall be amended as follows —
1
for paragraph (6) there shall be substituted the following —
6
Where the plaintiff claims payment of money secured by the mortgage the affidavit must show how the claim is calculated including —
a
the amount of the advance and the amount and dates of any periodic repayments and any interest claimed;
b
the amount which would have to be paid (after taking into account any adjustment for early settlement) in order to redeem the mortgage at the date of commencement of the proceedings and at a stated date not more than 14 days after the date of commencement of the proceedings, specifying the amount of solicitor’s costs and administrative charges which would be payable;
c
the dates between which a particular rate of interest applied, the number of days in that period, and the capital on which the interest was calculated.
.
Applications under section 651 of the Companies Act 1985
46
Order 102, rule 3(1)(f) shall be omitted.
Patents proceedings
47
At the end of Order 104, rule 4, there shall be inserted the following new paragraphs —
3
Order 10 shall apply to petitions for revocation of a patent, but the address for service may be the address for service appearing in the register of patents whether or not the patentee is within the jurisdiction.
4
After the expiry of the period fixed by or under these rules for service of an answer, the petitioner may apply for judgment against any respondent who has failed to serve an answer on the petitioner, and on the hearing of the application the Court shall give such judgment as the petitioner appears entitled to on his petition and particulars of objections.
.
48
For Order 104, rule 11 there shall be substituted the following —
11
1
Order 24, rules 1 and 2 shall apply in an action for infringement of a patent or a declaration of non-infringement of a patent or any proceedings where the validity of a patent is in issue, except that —
a
the list of documents must be served by each party within 21 days after service of the notice of admissions under rule 10(2), or within 21 days after the close of pleadings; and
b
documents from the exempt classes shall not be listed.
2
For the purposes of paragraph (1)(b), the exempt classes are —
a
documents relating to the infringement of a patent by a product or process if, before serving a list of documents, the party against whom the allegation of infringement is made has served on the other parties full particulars of the product or process alleged to infringe, including if necessary drawings or other illustrations;
b
documents relating to any ground on which the validity of a patent is put in issue, except documents which came into existence within the period beginning two years before the earliest claimed priority date and ending two years after that date; and
c
documents relating to the issue of commercial success.
3
Where the issue of commercial success arises in any proceedings specified in paragraph (1), the patentee shall, within the time limit specified in paragraph (1)(a), serve a schedule containing the following details —
a
where the commercial success relates to an article or product —
i
an identification of the article or product (for example by product code number) which the patentee asserts has been made in accordance with the claims of the patent;
ii
a summary by convenient periods of sales of any such article or product;
iii
a summary for the equivalent periods of sales, if any, of any equivalent prior art article or product marketed before the article or product mentioned in sub-paragraph (i); and
iv
a summary by convenient periods of any expenditure on advertising and promotion which supported the marketing of the articles or products mentioned in sub-paragraphs (i) and (iii),
b
where the commercial success relates to the use of a process —
i
an identification of the process the patentee asserts has been used in accordance with the claims of the patent;
ii
a summary by convenient periods of the revenues received from the use of such process;
iii
a summary for the equivalent periods of the revenues, if any, received from the use of any equivalent prior art process; and
iv
a summary by convenient periods of any expenditure which supported the use of the process mentioned in sub-paragraphs (i) and (iii).
4
Notwithstanding paragraphs (1) and (2), any party may apply under Order 24 for further and better discovery or specific discovery of any document in an exempt class, but the Court shall only order such discovery if it is satisfied that justice is unlikely to be done unless the discovery is ordered.
5
Paragraphs (1) and (2) shall not create any privilege in a document in an exempt class.
6
If, notwithstanding paragraphs (1) and (2), a party produces for inspection a document from an exempt class, that party shall, if so requested in writing by any other party, serve on the requesting party, within 14 days of such a request, a supplementary list of all the other documents within the same class as the document so produced, unless the Court otherwise orders.
7
This rule is without prejudice to the Court’s power to limit discovery on any other ground.
.
49
Rule 48 shall apply to —
a
proceedings in which the obligation to make discovery under Order 24, rules 1 and 2 arises on or after the date on which these Rules come into force; and
b
proceedings in which that obligation arose before the date on which these Rules come into force, if the parties agree that the rule will apply or the Court makes an order to that effect.
50
In Order 62, Appendix 2, Part I, item 3(3), for the word “breaches” there shall be substituted “infringements”.
References to the European Court
51
For the definition of “order” in Order 114, rule 1, there shall be substituted the following —
“order” means an order referring a question to the European Court for a preliminary ruling under article 177 of the Treaty establishing the European Community, Article 150 of the Treaty establishing the European Atomic Energy Community or Article 41 of the Treaty establishing the European Coal and Steel Community or for a ruling on the interpretation of any of the Brussels Conventions (within the meaning of s.1(1) of the Civil Jurisdiction and Judgments Act 1982 ) or any of the instruments referred to in s.1 of the Contracts (Applicable Law) Act 1990 .
Acknowledgement of service
52
In Appendix A, for Forms No. 14 (acknowledgement of service of writ of summons) and No. 15 (acknowledgement of service or originating summons), there shall be substituted the forms contained in the Schedule to these Rules.
53
Rule 52 shall not apply to proceedings issued before 1st December 1995.
Notice of Motion
54
In Appendix A, in Form No. 38, after the word “heard”, there shall be inserted “[at ]”.
Mackay of Clashfern, C
Dated 18th August 1995
Taylor, C.J.
Bingham, M.R.
Stephen Brown, P.
Richard Scott
Rattee, J.
Bell, J.
Colman, J.
Jean H. Ritchie
A. Boyle
K.C.R. Gibson
J.A. Wall


text:
PART I
INTRODUCTORY
Citation and commencement
1
These Regulations may be cited as the Venture Capital Trust Regulations 1995 and shall come into force on 16th August 1995.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“accounting date” has the meaning given by section 834(1);
“the Board” means the Commissioners of Inland Revenue;
“eligible shares” has the meaning given by paragraph 6(1) of Schedule 15B;
“enduring declaration” shall be construed in accordance with regulation 12;
“full approval” means approval in pursuance of subsection (2) of section 842AA;
“investor” means a person who holds shares in a company which is, or has been, a trust company;
“the Management Act ” means the Taxes Management Act 1970;
“period of account” has the meaning given by section 834(1);
“permitted maximum” shall be construed in accordance with paragraph 8 of Schedule 15B;
“provisional approval” means approval in pursuance of subsection (4) of section 842AA;
“qualifying holding” shall be construed in accordance with Schedule 28B;
“trust company” means a venture capital trust within the meaning given by section 842AA;
“year” means a year beginning with 6th April in any year and ending with 5th April in the following year.
2
In these Regulations, any reference to a provision, without more, is a reference to that provision of the Income and Corporation Taxes Act 1988.
PART II
APPROVAL OF A COMPANY FOR PURPOSES OF SECTION 842AA
Applications for approval
3
1
A company making an application for approval as a venture capital trust for the purposes of section 842AA shall apply to the Board in writing.
2
The application shall be either for full approval or for provisional approval.
3
An application for full approval shall contain a declaration —
a
that the conditions for full approval were fulfilled in relation to the most recent complete accounting period of the company;
b
that to the best of the company’s knowledge and belief, the conditions for full approval will also be fulfilled in relation to the accounting period of the company which is current when the application for full approval is made; and
c
that to the best of the company’s knowledge and belief, the particulars given in the application are true and correct.
4
An application for provisional approval shall contain a declaration that to the best of the company’s knowledge and belief —
a
the conditions for full approval will be fulfilled within the periods specified in subsection (4) of section 842AA; and
b
the particulars given in the application are true and correct.
5
An application for approval for the purposes of section 842AA shall be signed by the secretary or by a director of the company.
Approval of a company
4
1
The Board’s approval of a company as a trust company for the purposes of section 842AA shall be given to the company by notice in writing.
2
The notice shall specify —
a
the date on which the Board’s approval is given, and
b
the date from which the approval shall have effect.
3
A notice giving provisional approval may include conditions designed to ensure that the company will fulfil the conditions specified in subsection (4) of section 842AA.
4
The company may appeal to the Special Commissioners against the inclusion of any of the conditions mentioned in paragraph (3) above.
Refusal of approval of a company
5
1
The Board’s refusal of approval of a company as a trust company for the purposes of section 842AA shall be given to the company by notice in writing.
2
The notice shall specify —
a
the date on which the Board’s refusal of approval is given, and
b
the reasons for the Board’s refusal of approval.
3
The company may appeal to the Special Commissioners against the refusal of approval.
Withdrawal of approval of a company
6
1
The Board’s withdrawal of approval of a company as a trust company for the purposes of section 842AA shall be given to the company by notice in writing.
2
The notice shall specify —
a
the date from which the Board’s withdrawal of approval shall have effect, and
b
the reasons for the Board’s withdrawal of approval.
3
The company may appeal to the Special Commissioners against the withdrawal of approval.
Appeals to the Special Commissioners
7
1
This regulation applies where a company appeals to the Special Commissioners pursuant to regulation 4(4), 5(3) or 6(3).
2
The appeal shall be made by notice in writing given to the Board before the end of the period of 30 days beginning with the day on which the notice of provisional approval, refusal of approval or withdrawal of approval, as the case may be, was given to the company.
3
Subject to paragraph (4) below, the Special Commissioners shall on appeal confirm the notice unless they are satisfied that the notice ought to be quashed.
4
Where the appeal is against the inclusion of any of the conditions mentioned in regulation 4(3), the Special Commissioners may vary any of those conditions.
5
If the Special Commissioners allow an appeal against a refusal of approval, they shall specify the date from which the approval is to have effect.
Breach of conditions for approval
8
1
Where —
a
any of the conditions specified in subsection (2) of section 842AA has ceased to be fulfilled, or
b
a resolution has been passed or a petition has been presented to wind up the company,
a trust company which has been given full approval shall forthwith give notice in writing to the Board of that fact.
2
Where —
a
any of the conditions specified in paragraph (a) or (b) of section 842AA(4) has not been fulfilled, or
b
any of the conditions included in a notice giving provisional approval and given under regulation 4(3) has been broken, or
c
after fulfilling the conditions specified in paragraphs (a) and (b) of section 842AA(4), any of the conditions specified in subsection (2) of section 842AA has ceased to be fulfilled, or
d
a resolution has been passed or a petition has been presented to wind up the company,
a trust company which has been given provisional approval shall forthwith give notice in writing to the Board of that fact.
PART III
RELIEF FROM INCOME TAX
CHAPTER I
RELIEF IN RESPECT OF INVESTMENTS IN TRUST COMPANIES
Certificate to be given to investor
9
1
If an individual to whom eligible shares have been issued so requires, a trust company shall, within 30 days, give him a certificate containing the particulars specified in paragraph (2) below and certifying as specified in paragraph (3) below.
2
The particulars specified are —
a
the name of the investor,
b
his permanent address including postcode,
c
the date on which the eligible shares were issued to him,
d
the amount payable in respect of those shares and the date on which that amount will be payable, and
e
the amount paid in respect of those shares and the date on which that amount was paid.
3
The certificate shall certify —
a
that eligible shares have been issued to the investor,
b
that to the best of the trust company’s knowledge and belief the shares were both subscribed for and issued as mentioned in paragraph l(9) of Schedule 15B, and
c
that to the best of the trust company’s knowledge and belief the shares were not issued in a case where the investor is not entitled to relief under Part I of Schedule 15B because the case is one to which paragraph 2 of that Schedule applies.
4
The trust company shall keep a record of the information contained in any certificate given under this regulation.
CHAPTER II
RELIEF IN RESPECT OF DISTRIBUTIONS BY TRUST COMPANIES
General
Scheme of relief in respect of distributions
10
1
Relief from income tax in respect of a distribution by a trust company shall not be given except where the trust company —
a
has complied with the requirements imposed by regulations 11 and 14, and
b
has made a claim in accordance with this Chapter.
2
Where a trust company has complied with the requirements imposed by regulations 11 and 14 and has made a claim in accordance with this Chapter, a tax credit to which an investor is entitled in respect of a distribution by the trust company shall not be set against income tax but shall be claimed by and paid to the trust company.
3
Where a tax credit has been claimed by and paid to a trust company pursuant to paragraph (2) above, an amount equal to the tax credit shall be paid by the trust company to the person who is entitled to receive the distribution.
Enduring declarations
Requirement as to obtaining of enduring declaration
11
Relief from income tax in respect of a distribution by a trust company shall not be given except where the trust company has obtained an enduring declaration in respect of the shares to which the distribution relates.
Enduring declaration
12
1
An enduring declaration shall be in writing and shall be given to the trust company by an individual beneficially entitled to shares in that trust company.
2
The enduring declaration shall contain the particulars relating to the individual specified in paragraph (3) below, the particulars relating to the shares in the trust company specified in paragraph (4) below and the declaration by the individual specified in paragraph (5) below.
3
The particulars relating to the beneficial owner are —
a
his full name,
b
his permanent address including postcode,
c
his date of birth, and
d
if he has one, his national insurance number.
4
The particulars relating to the shares in the trust company are —
a
the identity of the shares acquired,
b
the date on which those shares were acquired,
c
the market value of those shares at the time of their acquisition, and
d
the extent to which those shares were acquired in excess of the permitted maximum for the year in which the acquisition was made.
5
The declaration by the individual is —
a
that he is beneficially entitled to the shares in the trust company, and
b
that to the best of his knowledge and belief the particulars given in the declaration are correct.
Return containing particulars of enduring declarations
13
1
A company which is, or has been, a trust company shall deliver to the Board, in respect of the period specified in paragraph (2) below (“the specified period”), and within the time limit specified in paragraph (3) below, a return containing, in respect of each enduring declaration received by the trust company during the specified period, the particulars specified in paragraph (4) below.
2
The specified period is —
a
a year, or
b
a period beginning on 6th April and ending on the day on which that company ceased to be approved as a trust company,
whichever is the shorter.
3
The time limit specified is —
a
six months after the end of the year, or
b
six months after the day on which the company ceased to be approved as a trust company,
whichever is the shorter.
4
The particulars specified in respect of each enduring declaration are —
a
the full name of the investor,
b
his permanent address, including postcode,
c
his date of birth,
d
if he has one, his national insurance number,
e
the acquisition value of the shares to which the enduring declaration relates, and
f
the date on which those shares were acquired.
5
A return under this regulation shall be in such form as the Board may specify or authorise.
Requirement for trust company to be satisfied that enduring declaration correct
14
Relief from income tax in respect of a distribution by a trust company shall not be given except where the trust company has no reason to believe, by reference to the information in its possession, that the enduring declaration relating to the shares in the trust company in respect of which the distribution is made is or has become incorrect.
Position where trust company ceases to be satisfied that enduring declaration correct
15
1
This regulation applies where a trust company has reason to believe, by reference to the information in its possession, that an enduring declaration is or has become incorrect.
2
The company shall deliver to the Board, within three months of having reason so to believe, a statement containing the particulars specified in paragraph (3) below.
3
The particulars are —
a
a copy of the enduring declaration,
b
the reason why the trust company believes that the enduring declaration is or has become incorrect,
c
the tax credits claimed by the trust company in respect of distributions made in respect of the shares to which the enduring declaration relates, and
d
the amounts equal to the tax credits referred to in sub-paragraph (c) above which have been paid to the person who is entitled to the distribution.
4
Section 252 shall have effect with the modification specified in paragraph (5) below in relation to any tax credit claimed as mentioned in paragraph (3)(c) above as it has effect in relation to any set-off or payment of tax credit mentioned in subsection (l)(b) of that section which ought not to have been made.
5
Subsection (1) of section 252 shall be modified so as to apply only where a trust company has been fraudulent, reckless or negligent in claiming tax credits in respect of distributions made in respect of the shares to which the enduring declaration relates.
Claims
Introductory
16
1
A claim made by a trust company in accordance with this Chapter shall be made to the Board in writing, and shall be in such form and contain such particulars as the Board may require or authorise.
2
A claim shall be either an interim claim or an annual claim.
3
A claim shall contain a declaration by the trust company that it has continued to satisfy the conditions for approval for the purposes of section 842AA since the date on which approval for the purposes of section 842AA was given or, if later, since the date it last delivered a return under regulation 22.
4
The Board shall not be under an obligation to make a payment to a trust company earlier than the end of the month following that in which the claim was received.
Interim claims
17
1
An interim claim may be made for a period which —
a
consists of one month or a number of months (not exceeding six) beginning on the 6th day of a month and ending on the 5th day of the relevant following month, and
b
does not fall within more than one year.
2
No interim claim may be made for the month ending 5th July or any subsequent month until the return under regulation 13 due in respect of the preceding year has been duly made and received by the Board.
3
No interim claim may be made for the month ending 5th October or any subsequent month until the annual claim due in respect of the preceding year has been duly made and received by the Board.
4
A claim under this regulation may not be based on an estimate but may only be made to claim tax credits in respect of distributions made during the period covered by the claim.
5
If the Board are satisfied that the trust company may claim the amount specified in a claim under paragraph (4) above in relation to the period for which the claim is made, they shall pay that amount to the trust company and, if they are not so satisfied, they shall pay any lesser amount which they are satisfied may be claimed.
Annual claims
18
1
An annual claim in respect of a year shall be made within six months after the end of that year.
2
No payment shall be made by the Board under an annual claim which is made more than six years after the end of the year for which it is made.
3
A claim under this regulation —
a
may not be based on an estimate but may only be made to claim tax credits in respect of distributions made during the year, and
b
shall bring into account aggregate interim payments made for the year, and for the purposes of this regulation “aggregate interim payments” means the aggregate of payments made (and not repaid) on interim claims.
4
If the Board are satisfied that the trust company may claim the amount specified in a claim under paragraph (3) above in relation to the year for which the claim is made, they shall pay the amount to the trust company and, if they are not so satisfied, they shall pay any lesser amount which they are satisfied may be claimed.
5
If the aggregate interim payments shown by an annual claim exceeds the aggregate tax credits which the trust company may claim by virtue of regulation 10(2) in respect of distributions made during the year, the trust company shall repay the amount of the excess to the Board with the claim.
6
If a trust company fails to make an annual claim within six months following the end of the year, the Board may issue a notice to the trust company showing the aggregate interim payments made to the trust company for the year, and stating that the Board are not satisfied that the amount due to the trust company for that year exceeds the lower amount stated in the notice.
7
If an annual claim for the year is not delivered to the Board within 14 days after the issue of a notice under paragraph (6) above, the amount of the difference between the aggregate interim payments and the lower amount stated in the notice shall immediately be recoverable by the Board in the same manner as tax charged by an assessment on the trust company which has become final and conclusive; and section 88 of the Management Act shall apply from the 6th October following the end of the year.
8
Where an annual claim has been made and the trust company which made it subsequently discovers that an error or mistake has been made in the claim, the trust company may make a supplementary annual claim within six years after the end of the year for which the annual claim was made.
9
If the Board so wish, forms required or authorised for annual claims may require a report to be given by a person qualified for appointment as auditor of a company.
Supplementary provisions
19
1
Section 42 of the Management Act shall not apply to a claim under this Chapter of these Regulations.
2
No appeal shall lie from the Board’s decision on an interim claim.
3
An appeal from the Board’s decision on an annual claim may be made to the Special Commissioners; and the appeal shall be made by notice in writing given to the Board before the end of the period of 30 days beginning with the day of receipt of the Board’s decision.
4
No payment or repayment made or other thing done on or in relation to an interim claim or a notice under regulation 18(6) shall prejudice the Board’s decision on an annual claim.
5
On appeal the Special Commissioners may vary the decision appealed against whether or not the variation is to the advantage of the appellant.
6
All such assessments, payments and repayments shall be made as are necessary to give effect to the Board’s decision on an annual claim or to any variation of that decision on appeal.
Supplementary provisions
Liability for tax where provisional approval withdrawn
20
Where the provisional approval of a company as a trust company is withdrawn, section 252 shall have effect in relation to any tax credit paid under this Chapter as it has effect in relation to any set-off or payment of tax credit mentioned in subsection (1)(b) of that section which ought not to have been made.
Issue of tax credit vouchers in certain circumstances
21
1
This regulation applies where —
a
a trust company makes a distribution which is not included in a claim, or
b
a trust company makes a distribution which is the subject of a claim which is refused, or
c
a tax credit in respect of a distribution made by a trust company is recovered pursuant to regulation 15(3) or 20.
2
Section 234 shall have effect in relation to the distribution.
PART IV
RETURN OF PARTICULARS OF INVESTMENTS, KEEPING OF RECORDS AND PROVISION OF INFORMATION
Return containing particulars of investments
22
1
A company which is, or has been, a trust company shall deliver to the Board, in respect of the period specified in paragraph (2) below (“the specified period”), and within the time limit specified in paragraph (3) below, a return containing the particulars specified in paragraph (4) below, the certificate specified in paragraph (5) below and the declaration specified in paragraph (6) below.
2
The specified period is —
a
an accounting period of a trust company,
b
a period beginning on the date from which the Board’s approval of a company for the purposes of section 842AA has effect and ending on an accounting date of the company, or
c
a period beginning at the commencement of an accounting period of a company and ending on the day on which that company ceased to be approved for the purposes of section 842AA,
whichever is the shortest.
3
The time limit specified is —
a
twelve months after the end of the accounting period of the trust company, or
b
twelve months after the day on which the company ceased to be approved for the purposes of section 842AA,
whichever is the shorter.
4
The particulars specified are —
a
in respect of each investment held by the company at the beginning of the specified period, the value of that investment computed in accordance with subsections (5) and (11) of section 842AA;
b
in respect of any new investment made by the company during the specified period —
i
the date on which that investment was made, and
ii
the value of that investment together with any revaluation of investments, computed in accordance with subsections (5) and (11) of section 842AA, which is required as a result of the making of that investment;
c
in relation to each investment, whether or not it is a qualifying holding; and
d
in relation to each qualifying holding —
i
the name of the company in which the investment has been made, and
ii
the address of that company’s registered or principal office.
5
The certificate specified is —
a
where the trust company has been given full approval or has been given provisional approval three years or more before the beginning of the specified period, that the trust company satisfied all the conditions in subsection (2) of section 842AA throughout the specified period; or
b
where the trust company has been given provisional approval less than three years before the beginning of the specified period, that the trust company satisfied all the conditions of subsection (4) of section 842AA and any other conditions attached to the provisional approval throughout the specified period; or
c
that the company has ceased to be approved for the purposes of section 842AA.
6
The declaration specified is a declaration that the particulars contained in the return are, to the best of the company’s knowledge and belief, true and correct.
7
The declaration specified in paragraph (6) above shall be signed by the secretary or by a director of the company.
8
A return under this regulation shall be in such form as the Board may specify or authorise.
Records to be kept by trust company
23
1
A company which is or has been a trust company shall at all times during the relevant period keep sufficient accounts, records and other information to enable the requirements of section 842AA, Schedule 15B and these Regulations to be satisfied.
2
In paragraph (1) above, the “relevant period”means —
a
in the case of a company which has ceased to be approved for the purposes of section 842AA, the period of six years from the date on which the company ceased to be so approved, and
b
in any other case, the period of six years from the end of the period of account or the year to which the accounts, records and information relate, whichever is the longer.
Information to be provided to the Board
24
1
The Board may by notice require any company which is or has been a trust company or any person who holds or has held shares in such a company, within such period as may be specified in the notice, to furnish them with such information as they may reasonably require for the purposes of section 842AA, Schedule 15B or these Regulations.
2
The period specified in a notice given under paragraph (1) above shall be not less than 14 days.
Inspection of records by officer of the Board
25
1
The Board may by notice require any company which is or has been a trust company or any person who holds or has held shares in such a company, within such period as may be specified in the notice, to make available for inspection by an officer of the Board authorised for that purpose such accounts, records and other information as are in that person’s possession or under that person’s control as the Board may reasonably require for the purposes of section 842AA, Schedule 15B or these Regulations.
2
The period specified in a notice given under paragraph (1) above shall be not less than 14 days.
3
Where records are maintained by computer the person required to make them available for inspection shall provide the officer making the inspection with all the facilities necessary for obtaining information from them.
David Willetts
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
26th July 1995


text:
Commencement and citation
1
This Order may be cited as the A13 Trunk Road (Havering) Red Route Experimental Traffic Order 1995, and shall come into force on 2nd October 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person'sbadge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, The London Borough of Havering (Waiting and Loading Restriction) Order 1978 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the London Borough of Havering (Waiting and Loading Restriction) Order 1978 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
4th July 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Originating Capital Debt) Order 1995 and shall come into force on 15th March 1995.
2
In this Order “the Schedule” means the Schedule to this Order.
Originating capital debt of NHS trusts
2
1
The originating capital debt of an NHS trust specified in column 1 of the Schedule shall be of the amount specified opposite it in column 2 of the Schedule.
2
Each originating capital debt specified in column 2 of the Schedule shall be divided between an initial loan of an amount specified opposite it in column 3 of the Schedule and public dividend capital of an amount specified opposite it in column 4 of the Schedule.
Virginia Bottomley
Secretary of State for Health
20th February 1995
We consent,
Derek Conway
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
20th February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages) Order 1995 and, subject to paragraph (2) below, shall come into force on 1st August 1995.
2
The provisions of this Order in so far as they relate to the fourth key stage shall come into force —
a
on 1st August 1996 in respect of pupils in the first year of that key stage; and
b
on 1st August 1997 in respect of all other pupils in that key stage.
3
In this Order —
“the Document” means the Document published by Her Majesty’s Stationery Office in January 1995 entitled “Modern Foreign Languages in the National Curriculum” ; and
references to the third and fourth key stages shall be construed in accordance with section 3(3) to (6) of the Education Reform Act 1988 .
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages) Order 1991 is revoked.
Specification of attainment targets and programmes of study
3
1
Subject to paragraph (2) below, it is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to modern foreign languages.
2
Paragraph (1) above does not apply in respect of pupils in the fourth key stage at schools in Wales.
4
The examples printed in italics in the Document (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.
Gillian Shephard
Secretary of State for Education
10th January 1995
John Redwood
Secretary of State for Wales
12th January 1995


text:
Citation and Commencement
1
These Regulations may be cited as the Air Passenger Duty (Extended Schemes) Regulations 1995 and shall come into force on 1st June 1995.
Extended schemes
2
1
Section 39 of the Finance Act 1994 (schemes for simplifying operations of reliefs, etc. ) shall be amended as follows.
2
After subsection (2) insert —
2A
A scheme may be either a standard scheme or an extended scheme.
.
3
In subsection (3) for “A scheme prepared” substitute “A standard scheme”.
4
In subsection (4) for “A scheme” substitute “A standard scheme”.
5
After subsection (4) insert —
4A
An extended scheme for a registered operator shall relate to all persons who are carried —
a
on chargeable aircraft operated by that operator, and
b
in circumstances where the aircraft take off in the United Kingdom;
and in this section any reference to persons travelling with a registered operator is a reference to persons who fall within this subsection in relation to him.
4B
An extended scheme for a registered operator shall provide, in relation to persons travelling with him in the period specified in the scheme, for methods of calculating —
a
how many of them may be treated as persons who are not passengers,
b
how many of them may be treated as passengers who are not chargeable passengers, and
c
how many of them may be treated as passengers on the carriage of whom duty shall be charged at the rate mentioned in section 30(2) above.
.
6
In subsection (5)(a) for “passengers” substitute “persons”.
7
In subsection (7) omit “and subsection (8) below shall apply”.
8
In subsection (8) for “This Chapter shall have effect for the specified period” substitute “Where a standard scheme has effect for the specified period, this Chapter shall have effect for that period”.
9
After subsection (8) insert —
8A
Where an extended scheme has effect for the specified period, this Chapter shall have effect for that period as if, except in accordance with provision made to the contrary by the scheme (by virtue of subsection (4B) above) —
a
each of the persons travelling with the registered operator were passengers of his,
b
each of those passengers were chargeable passengers, and
c
duty were charged on the carriage of each of them at the rate mentioned in section 30(4) above.
.
New King’s Beam House 22 Upper Ground London SE1 9PJ
D. J. Howard
Commissioner of Customs and Excise
11th May 1995


text:
1
This Order may be cited as the A501 Trunk Road (North Gower Street) (Temporary Restriction of Traffic) Order 1995, and shall come into force on 21st November 1995.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the roads, or lengths of road, mentioned in the schedule to this Order should be prohibited because works are being or are proposed to be executed on or near those roads or lengths of road.
3
During the period starting at 08.00 hours on 21st November 1995 and ending when those works have been completed, or at 16.00 hours on 11th December 1995, whichever is the sooner, the prohibitions specified in article 4 below shall have affect.
4
Subject to the provisions of article 5 below, no person shall cause or permit any vehicle to —
a
Enter or leave North Gower Street at its junction with Euston Road.
5
1
The prohibition specified in article 4 above shall apply only during such times and to such extent as shall from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The prohibition specified in article 4 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, for fire brigade, ambulance or police purposes;
ii
anything done with the permission at the direction of a Police Constable in uniform or a traffic warden:
6
During the period specified in article 3 above, the provisions of the Camden (Waiting and Loading Restriction) (Special Parking Area) Order 1993. The Camden (Prescribed Route) ( No. 6) Traffic Order 1991 and the Camden (Parking Places) (CA-E) Order 1993 are hereby suspended so far as they relate to any of the roads or lengths of road specified in the schedule to this Order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
20th November 1995


text:
1
This Order may be cited as the Water Byelaws (Loch an Sgoltaire) Extension Order 1995 and shall come into force on 10th December 1995.
2
The period during which the Strathclyde Regional Council, Prevention of Water Pollution (Loch an Sgoltaire) Byelaws 1985 are to remain in force is hereby extended to 11th December 1996.
T D Macdonald
Deputy Chief Engineer, The Scottish Office
The Scottish Office Agriculture,
Environment and Fisheries Department,
Victoria Quay,
Edinburgh
4th December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bury Health Care National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 7th July 1995.
2
In this Order —
“the Authority” means the Bury and Rochdale Health Authority;
“the Trust” means the Bury 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 6th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 7th July 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
8th June 1995


text:
Citation and interpretation
1
1
This Order may be cited as the Financial Services Act 1986 (Commencement) (No. 13) Order 1995.
2
In this Order “ the Act ” means the Financial Services Act 1986.
Provisions brought into force
2
Section 212(3) of and Schedule 17 to the Act shall come into force on 19th June 1995 to the extent necessary to repeal —
a
Part III of and Schedule 3 to the Companies Act 1985 , and in Schedule 22 to that Act the entry relating to Part III, and in Schedule 24 to that Act the entries relating to sections 56(4), 61, 64(5), 70(1) and 78(1), for all remaining purposes except —
i
sections 58, 59 and 60 of the Companies Act 1985, in so far as it is necessary for the purposes of sections 81, 83, 246, 248 and 744 of that Act; and
ii
paragraph 2 of Schedule 3 to the Companies Act 1985, in so far as it is necessary for the purposes of section 83(1)(a) of that Act; and
iii
section 62 of the Companies Act 1985, in so far as it is necessary for purposes of section 744 of that Act; and
b
the corresponding provisions of the Companies (Northern Ireland) Order 1986 , for corresponding purposes.
Derek Conway
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
14th June 1995


text:
Commencement and citation
1
This Order may be cited as the A205 Trunk Road (Richmond and Wandsworth) Red Route Experimental Traffic Order 1995, and shall come into force on 7th November 1995.
2
The A205 Trunk Road (Richmond and Wandsworth) Red Route Experimental Traffic Order 1995 is hereby amended so that —
a
in schedule 2B, the words in column (2) in item 9 are omitted, and
b
in schedule 4, after item 7, the following item is inserted —
7A
From a point 6 metres north of the northern wall of 70 West Park Avenue northwards for a distance of 24 metres
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
19th October 1995