type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit (General) Amendment Regulations 1994 and shall come into force on 1st May 1994.
Amendment of Regulations
2
In paragraph 1 of Schedule 1 to the Housing Benefit (General) Regulations 1987 (ineligible service charges), for sub-paragraph (f) there shall be substituted the following sub-paragraph —
f
charges in respect of general counselling or of any other support services, whoever provides those services, except where those services —
i
relate to the provision of adequate accommodation; or
ii
are provided to tenants by either —
aa
their landlord in person; or
bb
someone employed by their landlord (“the employee”),
and the landlord or, as the case may be, the employee spends the majority of the time, during which he provides any services, in providing services the charges for which are eligible under these Regulations (other than any tht are eligible only under the terms of this head).
.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,
Department of Social Security
31st March 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Areas) (London Borough of Barnet) (Amendment) Order 1994 and shall come into force on 28th November 1994.
Interpretation
2
In this Order “the principal order” means the Road Traffic (Special Parking Areas) (London Borough of Barnet) Order 1994 .
Amendment of the principal order
3
1
The principal order shall be amended as follows.
2
In article 2(1) —
a
for the third unnumbered sub-paragraph there shall be substituted:
a reference to the Schedule is a reference to the Schedule to this Order;
;
b
for the words “Schedule 4” where they occur in the fourth and fifth unnumbered sub-paragraphs there shall in each case be substituted “the Schedule”; and
c
for the words “that Schedule” in the fifth unnumbered sub-paragraph there shall be substituted “the Schedule”.
3
Paragraphs (2) and (3) of article 2 shall be omitted.
4
For article 3 there shall be substituted:
3
1
The Secretary of State hereby designates the London borough of Barnet except the roads named or described in the Schedule as a special parking area.
2
A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.
5
For the words “an area” in article 4(1)(b), there shall be substituted “the area”.
6
For the words “a special parking area” in article 4(2) and article 5(1), article 5(2) (in the place where those words first occur) and article 5(4) and (5) there shall in each case be substituted “the special parking area”.
7
For Schedules 1, 2, 3 and 4, there shall be substituted the Schedule contained in the Schedule to this Order.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
1st November 1994


text:
1
This Order may be cited as the Criminal Justice Act 1993 (Commencement No.5) Order 1994.
2
The provisions of the Criminal Justice Act 1993 (“the 1993 Act ”) referred to in the left-hand column of the Schedule to this Order (which relate to the matters described in the right-hand column of the Schedule) shall come into force on 1st March 1994.
3
1
Subject to paragraphs (2) and (3) below, this Order extends to the United Kingdom.
2
So far as relating to the following provisions of the 1993 Act, namely, paragraph 4 of Schedule 5 and, so far as relating to the Company Securities (Insider Dealing) Act 1985 and to the Companies Act 1989 , Schedule 6, this Order extends to Great Britain only.
3
So far as relating to the following provisions of the 1993 Act, namely, paragraphs 18 to 22 of Schedule 5 and Part II (save as applying to the Banking Coordination (Second Council Directive) Regulations 1992 ) of Schedule 6, this Order extends to Northern Ireland only.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
4th February 1994


text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants for Education Support and Training) Regulations 1994 and shall come into force on 1st April 1994.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Education (Grants and Awards) Act 1984;
“approved expenditure” means any expenditure which is approved as provided in regulation 3;
“determine” means determine by notice in writing;
“education authority” means a local education authority;
“grant” means a grant in pursuance of these Regulations;
“grant-maintained school” has the meaning assigned to it by sections 22(1) and 221(4) of the Education Act 1993;
“head teacher mentor programme” means a programme of regional projects for the training of inexperienced head teachers whereby experienced head teachers give advice and assistance to support the professional development of inexperienced head teachers;
“leisure time facilities” means facilities of a kind which education authorities are under the duty imposed by sections 41(3)(b) and 53(1) of the Education Act 1944 to secure are provided within their areas;
“maintained school” means a school maintained by an education authority;
“mentor” means an experienced head teacher giving advice and assistance under a head teacher mentor programme;
“prescribed expenditure” means expenditure by an education authority for or in connection with any of the purposes specified in the Schedule hereto;
“primary school”, “pupil” and “school” have the meanings assigned to them by section 114 of the Education Act 1944 ;
“qualified teacher” means a person who, by virtue of the regulations relating to the employment of teachers from time to time in force under section 218 of the Education Reform Act 1988 , is qualified to be employed as a teacher at a school of the kind described in subsection (12) of that section;
“special educational needs” has the meaning assigned to it by section l56(1) of the Education Act 1993;
“special school” has the meaning assigned to it by section 9(5) of the Education Act 1944 ;
“technology college” means a voluntary aided school in respect of which a direction has been given under section 4A of the Education (No.2) Act 1986 and which is for the time being recognised as a technology college by the Secretary of State for Education;
“voluntary aided school” has the meaning assigned to it by section 15 of the Education Act 1944 ; and
“youth and community worker” means a person employed in connection with leisure-time facilities, other than those employed in a solely administrative, secretarial, clerical or manual capacity.
2
In these Regulations a reference to a regulation is a reference to a regulation contained therein, a reference in a regulation to a paragraph is a reference to a paragraph of that regulation, and a reference to the Schedule is to the Schedule to these Regulations.
Expenditure in respect of which grants are payable
3
Grants shall only be payable in respect of prescribed expenditure incurred or to be incurred in a financial year to the extent to which that expenditure is approved for that year by the Secretary of State for the purposes of these Regulations.
Grants in respect of payments to third parties
4
Where —
a
an education authority incurs expenditure in making payments, whether by way of maintenance, assistance or otherwise, to any other body or persons (including another education authority) who incur expenditure for or in connection with educational purposes, and
b
that expenditure of the recipient of the payments or any part thereof would be prescribed expenditure if it were expenditure of the authority,
such payments shall to that extent be treated as prescribed expenditure for the purposes of these Regulations.
Rate of Grant
5
1
Subject to paragraph (2), grants in respect of approved expenditure incurred on or after 1st April 1994 shall be payable at the rate of 60 per cent.of such expenditure.
2
Grants in respect of approved expenditure incurred by an education authority in England on or after 1st April 1994 in respect of items 13(b), 21 and 22 in the Schedule shall be payable at the rate of 100 per cent.of such expenditure.
Conditions for payment of grant
6
1
No payment of grant shall be made except in response to an application in writing from an education authority to the Secretary of State, authenticated by the officer of the authority responsible for the administration of their financial affairs or his deputy.
2
Applications for the payment of grant which relate to expenditure incurred on or after 1st April 1994 shall relate to expenditure over one or more of the periods specified in paragraph (3) and shall specify the approved expenditure in respect of which grant is applied for which has been or which it is estimated will be incurred by the education authority during each such period.
3
The periods referred to in paragraph (2) are —
a
1st April to 31st July;
b
1st August to 31st December;
c
1st January to 31st March.
4
Where an application relating to approved expenditure which has been or which it is estimated will be incurred during the period commencing on 1st January and any year is submitted on or before 5th March in that year, such payment as the Secretary of State may determine but not exceeding three-quarters of the grant applied for in respect of that expenditure may be made forthwith, but no further payment of grant shall be made in respect of that expenditure until an application has been submitted in accordance with paragraph (5)(a).
5
Each education authority that has received or seeks to receive a payment of grant in respect of expenditure incurred during the year ending on 31st March shall, during the period commencing on 1st April or as soon as practicable thereafter —
a
submit to the Secretary of State an application which shall specify the approved expenditure in respect of which grant has been or is being applied for which has been incurred by the education authority during that year; and
b
secure the submission to the Secretary of State of a certificate signed by the auditor appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales to audit the accounts of the authority or any auditor qualified for such appointment by virtue of section 13(5), (5A) and (6) of the Local Government Finance Act 1982 certifying that in his opinion the particulars stated in the application submitted by the authority pursuant to this paragraph are fairly stated and that the expenditure incurred was approved for the purposes of section 1 of the Act.
6
No payment of grant shall be made in respect of expenditure incurred by an education authority in the period beginning on 1st August in any year or any subsequent period if grant was paid to the authority in respect of expenditure in the year ending on the preceding 31st March but the Secretary of State has not yet received the auditor’s certificate referred to in paragraph (5)(b) for that year.
7
Any under-payment or over-payment of grant which remains outstanding following receipt of the auditor’s certificate referred to in paragraph (5)(b) shall, without prejudice to the recovery of any over-payment from any subsequent payment of grant to the education authority, be adjusted by payment between the authority and the Secretary of State.
7
Where at the time of approving expenditure for the purpose of these Regulations, the Secretary of State requests information in respect of any purpose listed in the Schedule hereto, payment of grant in respect of that purpose shall be conditional on that information being included in the education authority’s application for payment of grant.
8
1
The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment in pursuance of the Regulations shall be dependent.
2
Where conditions have been determined in pursuance of this regulation no grant shall be payable unless such conditions have either been fulfilled or been withdrawn in pursuance of paragraph (3).
3
The Secretary of State may determine to withdraw or, after consulting the education authority, vary conditions determined in pursuance of this regulation.
Requirements to be complied with
9
Any education authority to whom a payment of grant has been made shall, if so required by the Secretary of State, furnish him with such further information as may be required to enable him to verify that any grant paid has been properly paid under these Regulations.
10
Any education authority to whom a payment of grant has been made shall comply with such requirements (including requirements as to the repayment of grant or the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved with the aid of grant or interest on sums due to him) as may be determined by the Secretary of State in the case in question.
11
The Secretary of State may require any education authority to whom a payment of grant in respect of item 1, 2, 3(b), 6, or 19 in the Schedule is made to delegate decisions about the spending of —
a
such grant, and
b
the amount allocated by the authority to meet the prescribed expenditure approved in accordance with regulation 3,
to such persons as may be determined by the Secretary of State in the case in question.
Revocation and transitional provisions
12
The Education Support Grants Regulations 1992 are hereby revoked, but nothing in this regulation shall prevent the Secretary of State making payments of grant authorised by those Regulations in respect of expenditure incurred on or before 31st March 1994 or affect any condition or requirement determined by or in accordance with any of the Regulations so revoked.


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 3) (England) Order 1994 and shall come into force on 8th August 1994.
2
The provisions of this Order apply for the purpose of ascertaining the achievements in the core subjects of pupils who are in the final year of the third key stage.
3
This Order applies only to maintained schools and grant-maintained special schools (other than those established in hospitals) in England .
Revocation
2
The Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 3) Order 1993 is revoked.
Interpretation
3
1
In this Order —
“the associated documents” means the documents published by Her Majesty’s Stationery Office, setting out any levels of attainment, attainment targets and programmes of study in relation to the core subjects, which documents have effect by virtue of the respective section 4(2)(a) and (b) orders for those subjects for the time being in force ;
“ AT ” means attainment target;
“the Authority” means the School Curriculum and Assessment Authority established under section 244 of the Education Act 1993;
“the core subjects” means English, mathematics and science;
“external marking agency” means a body nominated by the Authority and approved by the Secretary of State to mark NC tests;
“maintained school” has the meaning assigned to that expression by section 25(1) of the Education Reform Act 1988;
“NC tests” and “NC tasks” mean respectively National Curriculum tests and National Curriculum tasks administered to pupils for the purpose of assessing the level of attainment which they have achieved in any core subject and “NC assessment timetable” means a timetable for the administration of NC tests and NC tasks, being respectively tests, tasks and a timetable laid down in provisions made by the Secretary of State under article 9 which have been published by Her Majesty’s Stationery Office;
“section 4(2)(a) and (b) orders” means orders made under section 4(2)(a) and (b) of the Education Reform Act 1988 specifying attainment targets and programmes of study;
“specified” means specified in relation to the third key stage by a section 4(2)(a) and (b) order;
“summer term” means the third term in a school year (as defined in section 3(6) of the Education Reform Act 1988 ); and
references to the third key stage are references to the period set out in paragraph (c) of section 3(3) of the Education Reform Act 1988; and
references to levels of attainment, attainment targets and programmes of study are references to the levels, targets and programmes set out in the associated documents.
2
In this Order unless the context otherwise requires any reference to a numbered article is a reference to the article in this Order so numbered and any reference to a numbered paragraph is a reference to the paragraph so numbered in the article in which the reference appears.
3
Where any average number required to be determined by this Order is not a whole number, it shall be rounded to the nearest whole number, the fraction one half being rounded upwards to the next whole number.
Teacher assessment
4
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed by a teacher in each core subject during the summer term in each year in accordance with the provisions of this article and for a record of the results to be made by that teacher.
2
The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in each AT specified for each core subject which applies to him and, subject to article 7(3), in the subject as calculated in accordance with article 6.
3
The pupil shall be assessed and a record of the results made by the teacher not later than two weeks before the end of the summer term.
4
The record of the results shall consist of a statement of each level of attainment achieved by the pupil (whether or not that level is specified in relation to the third key stage by the relevant section 4(2)(a) and (b) order) in relation to every AT mentioned in paragraph (2) and, subject to article 7(3), of his level in the subject so calculated.
5
In making an assessment of a pupil pursuant to this article a teacher may take into account the results of any previous assessment of the pupil (whether or not made by that teacher).
NC test and task assessment
5
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed in each core subject in accordance with the provisions of paragraph (2).
2
NC tests or NC tasks or both (as the document in which they are published may require) shall be administered to the pupil in accordance with the provisions of the document at the times specified in the relevant NC assessment timetable and as soon as reasonably practicable thereafter —
a
the pupil’s responses to the NC tests shall be provided to the external marking agency determined by the Authority and notified by them to the head teacher to be marked; and
b
a record of the results of any NC tasks administered to the pupil, consisting of a statement of each level of attainment achieved by the pupil, shall be made.
3
Following the marking of NC tests the external marking agency shall provide to the head teacher a record of the results consisting of a statement of each level of attainment achieved by the pupil.
Determination of attainment by subject: teacher assessment
6
1
Subject to article 7, the provisions of this article regulate the aggregation of AT levels of attainment determined by teacher assessment to calculate subject levels of attainment.
2
In the case of English a pupil’s level of attainment in the subject shall be the average of his levels in AT 1 (speaking and listening), AT 2 (reading) and AT 3 (writing).
3
In the cases of mathematics and science, a pupil’s level of attainment in each subject shall be the average of his levels in each AT.
Pupils not subject to provisions of the National Curriculum
7
1
Article 6 shall have effect in relation to pupils as respects whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs) with the modifications specified in this article.
2
Where, in the case of English, one of AT1, AT2 and AT3 or, in the case of mathematics or science, one AT does not apply to such a pupil, article 6 shall have effect as if the number of ATs applying to the pupil were the total number of ATs in the subject.
3
Where, in the case of English, more than one of AT1, AT2 and AT3 or, in the case of mathematics or science, more than one AT, does not apply to such a pupil, article 6 shall not apply to him in relation to that subject.
Evaluation of Assessment Arrangements
8
The Authority shall make such arrangements as seen to them appropriate for determining the extent to which the provisions of articles 4 to 7 and their implementation achieve the purpose mentioned in article 1(2).
Supplementary powers of the Secretary of State
9
The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order (other than provisions conferring or imposing functions as mentioned in section 4(5)(a) of the Education Reform Act 1988) as appear to her to be expedient, including in particular provisions as to NC tests and NC tasks for the purpose mentioned in the definition of such tests and tasks in article 3(1) and as to the time when and the manner in which the tests and tasks are to be administered.
Eric Forth
Minister of State,
Department for Education
4th August 1994


text:
1
These Rules may be cited as the Trade Marks and Service Marks (Forms) (Amendment) Rules 1994 and shall come into force on 28th October 1994.
2
The Schedule to the Trade Marks and Service Marks (Forms) Rules 1986 shall be amended —
a
in the List of Forms shown thereunder, by deleting the entry “TM10A Completion of registration of a trade mark.”; and
b
by omitting Form TM10A.
Ian Taylor
Parliamentary Under-Secretary of State for Trade and Technology,
Department of Trade and Industry
29th September 1994


text:
Citation and commencement
1
This Order may be cited as the Social Security (Jersey and Guernsey) Order 1994 and shall come into force on 2nd November 1994.
Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992
2
The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 and any regulations made or having effect thereunder shall be modified to such an extent as may be required to give effect to the provisions contained in the Agreement on Social Security set out in the Schedule to this Order so far as the same relate to England, Wales and Scotland.
Revocation and Amendment of Orders
3
1
The Family Allowances (Jersey) Order 1973 , the Child Benefit (Guernsey) Order 1977 , the Social Security (Jersey and Guernsey) Order 1978 , the Social Security (Jersey and Guernsey) Order 1982 , the Social Security (Jersey and Guernsey) Order 1983 and the Social Security (Jersey and Guernsey) Order 1992 are hereby revoked.
2
The reference to the Family Allowances (Jersey) Order 1973 shall be omitted in the Schedule to the Child Benefit (Residence and Persons Abroad) Regulations 1976 and the Social Security (Jersey and Guernsey) Order 1978, and the reference to the Social Security (Jersey and Guernsey) Order 1982 and the Social Security (Jersey and Guernsey) Order 1983 shallbe omitted in the Schedule to the Social Security (Reciprocal Agreements) Order 1988 .
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southend Community Care Services National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 28th April 1994.
2
In this Order —
“the Authority” means the South Essex Health Authority;
“the Trust” means the Southend Community Care Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 2nd December 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 28th April 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
30th March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Severe Disablement Allowance) Amendment Regulations 1994 and shall come into force on 13th April 1995.
Amendment of the Social Security (Severe Disablement Allowance) Regulations 1984
2
1
The Social Security (Severe Disablement Allowance) Regulations 1984 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation) —
a
for paragraph (1A) there shall be substituted the following paragraph —
1A
In these Regulations —
“councillor” has the same meaning as in section 171F(2) of the Contributions and Benefits Act ; and
“councillor’s allowance” has the same meaning as in section 30E(2) of the Contributions and Benefits Act .
; and
b
for paragraph (3) of that regulation there shall be substituted the following paragraph —
3
In determining whether a day falls within a period of incapacity for work, the provisions of section 30C of the Contributions and Benefits Act (incapacity benefit: days and periods of incapacity for work) and of any regulations made under section 30C(3) and (4) shall have effect for the purposes of severe disablement allowance as they have effect for the purposes of incapacity benefit.
.
3
In paragraph (3) of regulation 3, for the words “period of interruption of employment” there shall be substituted the words “period of incapacity for work”.
4
In regulation 6 (modification of section 68(2) and (3) of the Contributions and Benefits Act in relation to persons who have previously been entitled to a severe disablement allowance) for the words “period of interruption of employment” there shall be substituted the words “period of incapacity for work”.
5
In regulation 7 (days for which persons are to be regarded as incapable of work for the purposes of severe disablement allowance) —
a
for paragraph (1) there shall be substituted the following paragraphs —
1
Subject to paragraph (3), for the purposes of severe disablement allowance a person shall not be treated as incapable of work for any day which is not to be treated as a day of incapacity for work under regulation 4(1)(c) (Persons attending training courses) of the Social Security (Incapacity Benefit) Regulations 1994 .
1A
Regulation 5 (night workers) of the Social Security (Incapacity Benefit) Regulations 1994 shall apply for the purposes of severe disablement allowance as it applies for the purposes of incapacity benefit.
; and
b
for paragraph (2) there shall be substituted the following paragraph —
2
In determining for the purposes of section 68(2) or (3) of the Contributions and Benefits Act whether a person has been incapable of work for a period of not less than 196 consecutive days, a day shall not be treated as a day on which that person was incapable of work if that day was a day on which he was undergoing imprisonment or detention in legal custody and which was part of a period of imprisonment or detention of more than 6 weeks.
.
6
In regulation 8A (severe disablement allowance for persons who are councillors), for the words “regulation 3(3) of the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations” there shall be substituted the words “regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994”.
7
In regulation 20 —
a
in paragraph (1) for the words “period of interruption of employment” there shall be substituted the words “period of incapacity for work”; and
b
in paragraph (2) for the words “period of interruption of employment” there shall be substituted the words “period of incapacity for work”.
Revocations
3
Regulations 7A (treatment of duties as a councillor as a day of incapacity for work) and 9 (disqualification for severe disablement allowance) of the Social Security (Severe Disablement Allowance) Regulations 1984 are revoked.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
21st November 1994


text:
1
This Order may be cited as the Food and Environment Protection Act 1985 (Isle of Man) (Revocation) Order 1994 and shall come into force on 1st January 1995.
2
The Food and Environment Protection Act 1985 (Isle of Man) Order 1987 is hereby revoked.
R. P. Bulling
Deputy Clerk of the Privy Council


text:
1
This Order shall come into force on 29th September 1994 and may be cited as the A417 Trunk Road (North of Stratton to Nettleton Improvement) Order 1994.
2
The new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order shall become trunk roads as from the date when this Order comes into force.
3
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
4
The Secretary of State directs as respects any part of a highway which crosses the route of either of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway.The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
5
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan” means the plan numbered HA10/2/SWM 92, marked “The A417 Trunk Road (North of Stratton to Nettleton Improvement) Order 1994”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
ii
“the new trunk roads” means the highways mentioned in article 1 of this Order and a “new trunk road” means one of those highways;
iii
“the trunk roads” means the A417 Trunk Road.
Signed by authority of the Secretary of State for Transport
J D Gill
Deputy Director South West Construction Programme Division 1994 Highways Agency
12th September


text:
PART I
INTRODUCTORY
Citation, commencement and application
1
1
These Regulations may be cited as the General Commissioners (Jurisdiction and Procedure) Regulations 1994 and shall come into force on 1st September 1994.
2
These Regulations do not apply in relation to —
a
any proceedings in respect of which notice of the place, date and time of the hearing was given or, in the case of more than one such notice, first given by the Clerk prior to 1st September 1994, and in respect of which an election is made by any party to the proceedings, by notice served on the Clerk, that these Regulations shall not apply, or
b
any proceedings under section 100C of the Taxes Management Act 1970 in respect of which a summons was issued prior to 1st September 1994 by the General Commissioners to the defendant (or, in Scotland, the defender) to appear before them at a time and place stated in the summons.
3
Where these Regulations apply in relation to any proceedings in respect of which notice of the place, date and time of the hearing was given or, as the case may be, first given by the Clerk prior to 1st September 1994, anything done in relation to those proceedings prior to that date which, if the proceedings had been brought before the General Commissioners on or after that date, could have been done pursuant to these Regulations, shall have effect as if done pursuant to these Regulations.
4
An election under paragraph (2)(a) above shall be made prior to the time of commencement of the hearing of the proceedings in question or, in the case of a hearing which commenced before 1st September 1994 but which was adjourned, prior to the time of commencement of the first continuation of the hearing on or after that date, and shall be irrevocable.
Interpretation
2
In these Regulations unless the context otherwise requires —
“the Board” means the Commissioners of Inland Revenue;
“the Clerk”, in relation to any proceedings, means the Clerk to the General Commissioners;
“division” shall be construed in accordance with section 2(1) of the Management Act ;
“final determination” means the decision finally determining any proceedings before a Tribunal;
“General Commissioners” shall be construed in accordance with section 2(1) of the Management Act, and “the General Commissioners”, in relation to any proceedings, means the General Commissioners for a division before whom the proceedings are brought (and references to a General Commissioner are to be read accordingly);
“inspector” means an inspector of taxes;
“the Management Act” means the Taxes Management Act 1970 ;
“party” means a party to any proceedings, and for the purposes of these Regulations —
where the proceedings relate to an assessment, decision or determination made by the Board, the Board and any inspector or other officer of the Board for the time being concerned with the proceedings shall together constitute a party to those proceedings;
where the proceedings relate to an assessment, decision or determination made by an inspector or other officer of the Board, that person and any other inspector or other officer of the Board for the time being concerned with the proceedings shall together constitute a party to those proceedings;
and references to “the Revenue” are references to a party within paragraph (a) or, as the case may be, paragraph (b) above
“proceedings” means —
any appeal to the General Commissioners under the Taxes Acts;
any proceedings before the General Commissioners which under the Taxes Acts are to be heard and determined in the same way as such an appeal;
any proceedings before the General Commissioners which relate to a penalty and are not within paragraph (a) or paragraph (b) above;
“proceedings in Northern Ireland” means any proceedings (as defined in this regulation) which fall within the meaning of that expression as defined in section 58(3) of the Management Act ;
“proceedings in Scotland” means any proceedings (as defined in this regulation) which fall to be determined by reference to the law of Scotland;
“Special Commissioners” shall be construed in accordance with section 4(1) of the Management Act ;
“the Taxes Acts” has the meaning given by section 118(1) of the Management Act ;
“Tribunal”, in relation to any proceedings, means, subject to regulation 11(3), two or more, but not more than five, General Commissioners for a division before whom the proceedings are brought.
PART II
PREPARATION FOR A HEARING
Listing and notice of hearing
3
1
Except in relation to proceedings under section 100C of the Management Act, any party to proceedings which are to be heard by the General Commissioners may serve notice on the Clerk that he wishes a date for the hearing to be fixed.
2
On receipt of a notice under paragraph (1) above the Clerk shall send notice to each party of the place, date and time of the hearing.
3
Unless the parties otherwise agree or a Tribunal otherwise directs, the date of the hearing specified in a notice under paragraph (2) above shall be not earlier than twenty eight days after the date on which the notice is sent to the parties.
Summoning of witnesses
4
1
Where a party to any proceedings requires the attendance of a person at the hearing of those proceedings to give evidence or to produce any document in his possession, custody or power relevant to the subject matter of the proceedings, a General Commissioner may, on the application of that party, issue a summons (in this regulation referred to as a “witness summons”) requiring the attendance of that person at the hearing, or the production of the document, wherever that person may be in the United Kingdom.
2
A witness summons issued under paragraph (1) above shall state the name and address of, or otherwise describe, the person to be served and shall be signed by the General Commissioner issuing it, and it shall be the responsibility of the party on whose application the summons was issued to serve it on that person.
3
Service of a witness summons under this regulation shall be effected —
a
in the case of an individual, by leaving a copy of the summons with him;
b
in the case of a body corporate registered in the United Kingdom, by leaving a copy of the summons with the secretary or clerk of the body corporate;
c
in the case of a foreign body corporate with a place of business in the United Kingdom, by leaving a copy of the summons with a person authorised to accept service of process on the body corporate.
4
A person who in obedience to a witness summons attends the hearing of any proceedings and gives evidence —
a
is a witness of the party on whose application the summons was issued, and
b
may not be cross-examined by that party without the leave of the Tribunal hearing the proceedings.
5
Leave shall not be given by a Tribunal under paragraph (4)(b) above unless the Tribunal decides that the witness may be treated as a hostile witness.
6
No person shall be required to attend in obedience to a witness summons unless it has been served on him at least seven days before the hearing or, if it has been served on him within that period, he has informed the Clerk that he accepts such service.
7
No person shall be required to attend and give evidence or to produce any document in obedience to a witness summons unless the party serving the summons either —
a
pays or tenders to that person, at the time when the summons is served on him, a sum sufficient to cover his reasonable expenses of travelling to and from, and his attendance at, the hearing, or
b
has agreed with that person prior to service of the summons, to pay such a sum to him at a different time.
8
No person shall be compelled in obedience to a witness summons to give any evidence or produce any document that he could not be compelled to give or produce in an action in a court of law in that part of the United Kingdom by reference to the law of which the proceedings are to be determined.
9
No person who has been appointed as an auditor for the purposes of any enactment or who is a tax adviser within the meaning of section 20B(10) of the Management Act shall be compelled in obedience to a witness summons to produce any document if, having regard to section 20B(9) to (13) of that Act, he would not be obliged to deliver or make available that document in response to a notice under section 20(3) or (8A) of that Act.
10
Where, in the case of any document, a person could under section 20B(14) of that Act comply with such a notice by delivering a copy of parts of the document and making those parts available for inspection, he shall not be compelled in obedience to a witness summons to do more at the hearing than —
a
produce a photographic or other facsimile copy of those parts of the document, and
b
make those parts of the document available for inspection by the Tribunal.
11
On the application, by notice served on the Clerk, of a person on whom a witness summons has been served, a General Commissioner may set aside the summons in whole or in part; and the party on whose application the summons was issued shall be entitled to be heard on such an application.
12
Subject to paragraphs (6) to (11) above, if a person on whom a witness summons is served —
a
fails to attend in obedience to the summons, or
b
attends, but refuses to be sworn or to affirm, or
c
refuses to answer any lawful question, or
d
refuses to produce any document which he has been required by the summons to produce,
the Tribunal hearing the proceedings may summarily determine a penalty against him not exceeding £1,000.
13
Any penalty determined by a Tribunal under paragraph (12) above shall for all purposes be treated as if it were tax charged in an assessment and due and payable.
14
This regulation shall apply to proceedings in Scotland —
a
with the omission of paragraphs (4) and (5) above;
b
with the substitution for references to issuing a summons and to a witness summons of references to issuing a citation and to a witness citation.
Agreement of documents
5
If a party agrees a document for the purposes of any proceedings he shall be deemed, subject to the terms of the agreement, to admit for the purposes of those proceedings —
a
that the document was written and signed or executed by the person by whom, and on the date on which, it purports to have been, and
b
if it purports to be a copy of another document, that it is a true copy of that document,
but, subject to any enactment or rule of law, in the absence of an express admission or agreement, he shall not be deemed to admit the truth of the contents of that document.
Proceedings to be heard together or in succession
6
1
Where two or more proceedings have been brought before, but have not yet been heard by, the General Commissioners for one or more divisions and it appears to two or more of the General Commissioners for one of those divisions —
a
that some common issue arises in both or all of them, or
b
that both or all of them are relevant to some common issue,
those Commissioners may, of their own motion or on an application by a party to any of those proceedings, direct that those proceedings be heard at the same time or consecutively and by the same Tribunal within their division.
2
A direction shall not be given under paragraph (1) above except on notice sent to all the parties to the proceedings in question who shall be entitled to be heard before any direction is given.
3
On the giving of a direction under paragraph (1) above, the Clerk to the General Commissioners by whom the direction is given shall send notice of the date and terms of the direction to all the parties to the proceedings and, except where all the proceedings have been brought before the General Commissioners for the same division, to the Clerk to the other division or, if more than one, each other division of General Commissioners concerned.
Joining of additional parties
7
1
If it appears to a Tribunal, whether on the application of a party or otherwise, that it is desirable that any person other than the Revenue be made a party to any proceedings, the Tribunal may order such person to be joined as a party in the proceedings and may give such directions for giving effect to, or in connection with, the order as it thinks fit.
2
Where pursuant to an order under paragraph (1) above a person is joined as a party in any proceedings by reason of a question arising in those proceedings which may affect his liability to tax or in which he otherwise has an interest, he shall not be entitled, unless all the other parties consent, to be present at the hearing of the proceedings except during such part of the hearing as relates to that question, and a Tribunal shall, if necessary, hear any such question separately from the rest of the proceedings.
3
On the application of a person who has been joined as a party in the circumstances specified in paragraph (2) above, a Tribunal may, if it is satisfied that it would be to the convenience of the parties to do so, transfer the proceedings to the General Commissioners for the division in which the applicant ordinarily resided at the date of the application, or to the Special Commissioners.
Postponements and Adjournments
8
1
A Tribunal may postpone the hearing of any proceedings, and the Clerk shall send notice to the parties of the place, date and time of the postponed hearing.
2
A Tribunal may from time to time adjourn the hearing of any proceedings and, subject to paragraph (3) below, the Clerk shall send notice to the parties of the place, date and time of the adjourned hearing.
3
If the place, date and time of the adjourned hearing are announced before the adjournment in the presence of the parties, no notice need be sent by the Clerk under paragraph (2) above.
4
When any hearing is adjourned in order that further information or evidence may be obtained, the Tribunal hearing the proceedings may give directions regarding the disclosure of such information or evidence to the parties prior to the resumption of the hearing.
Expert evidence
9
1
Unless a Tribunal otherwise directs, no expert evidence may be adduced by a party at the hearing of any proceedings unless —
a
he has agreed with the other party or parties that the substance of the evidence shall be disclosed in the form of a written report or opinion in advance of the hearing and not later than such date as is specified in the agreement, and the substance of the evidence has been so disclosed, or
b
where no such agreement has been reached or where the substance of the evidence has not been so disclosed, an application is made to a Tribunal under paragraph (2) below by the party seeking to adduce the evidence to determine whether a direction should be given under paragraph (3) below, and the party seeking to adduce the evidence complies with a direction given under that paragraph.
2
An application under this paragraph —
a
shall be made not later than twenty one days after the date on which notice is sent by the Clerk under regulation 3(2) or, if the Tribunal so permits, at any later time prior to or in the course of the hearing, and
b
shall state whether the party is willing to disclose the substance of the evidence prior to its being given at the hearing and, if not, the reasons for his objection.
3
On an application under paragraph (2) above, unless it considers that there are special reasons for not doing so, the tribunal shall direct that the substance of the evidence shall be disclosed in the form of a written report or opinion to such other parties and within such period as it may specify.
4
This regulation shall not apply to proceedings in Scotland.
PART III
HEARING AND DETERMINATION OF PROCEEDINGS
Power of Tribunal to obtain information
10
1
A Tribunal hearing any proceedings may at any time before the final determination of those proceedings serve notice on any party, other than the Revenue, directing him within the time specified in the notice —
a
to deliver to it such particulars as it may require for the purpose of determining any of the issues in the proceedings, and
b
to make available for inspection by it, or by an officer of the Board, all such books, accounts or other documents in his possession or power as may be specified or described in the notice, being books, accounts or other documents which, in the opinion of the Tribunal, contain or may contain information relevant to the subject matter of the proceedings.
2
Any officer of the Board may at all reasonable times inspect and take copies of, or extracts from, any particulars delivered under paragraph (1)(a) above, and the Tribunal or any officer of the Board may take copies of, or extracts from, any books, accounts or other documents made available for inspection under paragraph (1)(b) above.
3
If any person fails to comply with a notice served under this regulation, the Tribunal may summarily determine a penalty against him not exceeding £300 and, if the failure continues after the determination of such penalty, a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which the penalty was determined (but excluding any day for which a further penalty has already been determined).
4
Any penalty determined by the Tribunal under paragraph (3) above shall for all purposes be treated as if it were tax charged in an assessment and due and payable.
Constitution and sittings of Tribunal
11
1
A Tribunal hearing any proceedings shall, where possible, comprise at least three General Commissioners but the validity of any proceedings before a Tribunal shall not be challenged where the Tribunal in question is comprised of two General Commissioners.
2
The General Commissioners comprising a Tribunal shall decide which one of them shall preside at the hearing of proceedings before them.
3
Proceedings before any Tribunal may be continued by any one or more of the General Commissioners comprising that Tribunal if all the parties give their consent.
Representation at hearing
12
At the hearing of any proceedings before a Tribunal —
a
a party other than the Revenue may be represented by any person whether or not legally qualified, except that if in a particular case the Tribunal is satisfied that there are good and sufficient reasons for doing so, it may refuse to permit a particular person, other than one who is legally qualified or who has been admitted a member of an incorporated society of accountants, to represent a party at the hearing;
b
the Revenue may be represented by a barrister, advocate, solicitor or any officer of the Board.
Hearings to be in private
13
1
Subject to paragraphs (2) and (3) below, any proceedings before a Tribunal shall be heard in private.
2
The following persons shall be entitled to be present at the hearing of any proceedings before a Tribunal and may remain present during the deliberations of the Tribunal but shall take no part in those deliberations —
a
the Clerk and any of the staff of the General Commissioners;
b
a member of the Council on Tribunals or the Scottish Committee of that Council in the capacity of member;
c
any of the Special Commissioners;
d
a member of the Judicial Studies Board or one of its committees in the capacity of member.
3
A Tribunal, with the consent of the parties, may permit any other person to attend the hearing of any proceedings before it.
4
For the purposes of paragraph (1) above, proceedings which are heard at the same time as other proceedings and by the same Tribunal pursuant to a direction under regulation 6(1) shall be taken to be heard in private.
Failure of parties to attend hearing
14
1
If a party fails to attend or to be represented at a hearing of which he has been duly notified, the Tribunal may —
a
unless it is satisfied that there is good and sufficient reason for such absence, hear and determine the proceedings in the absence of the party or his representative, or
b
postpone or adjourn the hearing.
2
Before deciding to hear and determine any proceedings in the absence of a party or his representative, the Tribunal shall consider any representations in writing or otherwise submitted by or on behalf of that party in response to the notice of hearing and shall give any party present at the hearing an opportunity to be heard in regard to those representations.
Procedure and evidence at hearing
15
1
At the beginning of the hearing of any proceedings the Tribunal shall, except where it considers it unnecessary to do so, explain the order of proceeding which it proposes to adopt.
2
The Tribunal shall conduct the hearing in such manner as it considers most suitable to the clarification and determination of the issues before it and generally to the just handling of the proceedings and, so far as appears to it appropriate, shall seek to avoid formality in its procedure.
3
The parties shall be heard in such order as the Tribunal shall determine and shall be entitled —
a
to give evidence,
b
to call witnesses,
c
to question any witnesses including other parties who give evidence, and
d
to address the Tribunal both on the evidence and generally on the subject matter of the proceedings.
4
In assessing the truth and weight of any evidence, the Tribunal may take account of its nature and source, and the manner in which it is given.
5
Evidence before the Tribunal may be given orally or, if the Tribunal so directs, by affidavit or a statement made or recorded in a document, but at any stage of the hearing the Tribunal may, on the application of any party or of its own motion, require the personal attendance as a witness of —
a
the maker of an affidavit, or
b
the maker of such a statement, or
c
in the case of an oral statement recorded in a document, the person by whom the statement was so recorded.
6
The Tribunal may receive evidence of any fact which appears to the Tribunal to be relevant to the subject matter of the proceedings notwithstanding that such evidence would be inadmissible in proceedings before a court of law in that part of the United Kingdom by reference to the law of which the proceedings before the Tribunal are to be determined, but, save in cases where claims for privilege are allowed (including, in proceedings in Scotland, claims for protection from disclosure by virtue of any rule of law relating to the confidentiality of communications), it shall not refuse to admit any evidence which would be admissible in such proceedings.
7
The Tribunal may require any witness to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.
Decisions of Tribunal
16
1
Any decision of a Tribunal shall be made by the votes of the majority of the General Commissioners comprising that Tribunal and, in the event of an equality of votes, the General Commissioner presiding at the hearing shall be entitled to a second or casting vote.
2
The final determination may be given orally by a Tribunal at the end of the hearing or may be reserved and in either event shall be recorded in a document which shall be signed and dated by the Tribunal.
3
The Clerk shall send to each party a notice setting out the final determination recorded under paragraph (2) above.
4
Except where the final determination is given at the end of the hearing, it shall be treated as having been made on the date on which the notice is sent to the parties under paragraph (3) above.
5
Every notice sent to the parties under paragraph (3) above shall be accompanied by a notification of the provisions of —
a
the Management Act,
b
these Regulations, and
c
rules of court,
relating to appeals from the General Commissioners and of the time within which, and the manner in which, such appeals shall be made.
Review of Tribunal’s final determination
17
1
If, on the application of a party or of its own motion, a Tribunal is satisfied that —
a
the final determination was wrongly made as a result of an administrative error on the part of the Clerk or any of the staff of the General Commissioners or a party, or
b
a party, who was entitled to be heard at a hearing but failed to appear or to be represented, had good and sufficient reason for failing to appear or to be represented, or
c
accounts or other information relevant to a party’s case had been sent to the Clerk or to the appropriate inspector or other officer of the Board prior to the hearing of the proceedings but had not been received by the Tribunal until after the hearing,
the Tribunal may review and set aside or vary the final determination.
2
An application for the purposes of paragraph (1) above shall be made to the Tribunal not later than fourteen days after the date on which notice setting out the final determination was sent to the parties under regulation 16(3), or by such later time as the Tribunal may allow, and shall be in writing stating the grounds in full.
3
Where the Tribunal proposes to review of its own motion the final determination, it shall serve notice of that proposal on the parties not later than fourteen days after the date on which notice setting out the final determination was sent to the parties under regulation 16(3).
4
The parties shall have an opportunity to be heard on a review, or in relation to any application or proposal for review, under this regulation and the review shall be determined by the Tribunal which decided the case or, where it is not practicable for it to be heard by that Tribunal, by another Tribunal; and if, having reviewed the final determination, the Tribunal sets aside that determination, it shall substitute such determination as it thinks fit or order a rehearing before either the same or a differently constituted Tribunal.
5
Regulation 16 shall apply to a decision by a Tribunal varying a final determination or substituting a new final determination, as it applies to a final determination.
PART IV
SPECIAL PROCEDURE
Proceedings relating to tax on chargeable gains
18
1
Where the market value of an asset on a particular date or the apportionment of an amount or value is a material question in any proceedings relating to tax on chargeable gains, the Tribunal hearing the proceedings shall, if so required by any party, record in its final determination that market value or apportionment.
2
The final determination on an appeal of the market value of an asset on a particular date or of the apportionment of any amount or value may be proved in any proceedings relating to tax on chargeable gains by a certificate stating the material particulars signed by —
a
an inspector where the appeal was settled by agreement, or
b
the Clerk where the General Commissioners determined the appeal, or
c
the clerk or registrar of another tribunal where the material question was determined by that other tribunal in accordance with section 47 or 47B of the Management Act ,
and a document purporting to be such a certificate may be received in evidence in any such proceedings without further proof.
3
In this regulation the expression “final determination on an appeal” shall be construed in accordance with regulation 11(2) of the Capital Gains Tax Regulations 1967 , and the expression “material question in any proceedings” shall be construed in accordance with regulation 15(a) of those Regulations.
References of questions of value to other tribunals
19
1
A question in an appeal which is required to be determined in accordance with section 47 or 47B of the Management Act may be referred to the appropriate tribunal by the Tribunal before whom the appeal is brought or, if the hearing of the appeal has not begun, by an inspector or other officer of the Board.
2
Where any question in an appeal has been referred to another tribunal in accordance with section 47 or 47B of the Management Act, the Tribunal before whom the appeal is brought may make a final determination of the remaining questions in the appeal and may at the request of any party state a case thereon under regulation 22 without awaiting the determination of the question referred to the other tribunal.
Case stated procedure
20
1
Within thirty days after the final determination of any proceedings falling within paragraph (a) or (b) of the definition of “proceedings” in regulation 2 is made by a Tribunal or, as the case may be, within thirty days after a decision varying such a final determination or substituting for it a new final determination is made by a Tribunal under regulation 17, any party to the proceedings, if dissatisfied with the determination or decision as being erroneous in point of law, may by notice served on the Clerk require the Tribunal to state and sign a case for the opinion of the High Court.
2
A case stated pursuant to a requirement under paragraph (1) above shall set forth the facts and the final determination of the Tribunal.
3
After a party has required a case to be stated under paragraph (1) above, the Tribunal may by notice served on him require him within not less than twenty eight days to identify the question of law on which he requires the case to be stated.
4
If a party fails to comply with a notice served under paragraph (3) above, or if the Tribunal is not satisfied that the question identified is a question of law, or until the fee specified in section 56(3) of the Management Act has been paid, the Tribunal may refuse to state a case.
5
Where a final determination of a Tribunal is set aside or varied under regulation 17, a requirement for a case to be stated in respect of that determination shall cease to be valid.
Consideration of draft case
21
1
Within fifty six days after the receipt of a notice served under regulation 20(1) requiring a case to be stated or, if a notice is served under regulation 20(3), within fifty six days after the day on which a question of law is identified to the satisfaction of the Tribunal, the Clerk shall send a draft of the case to the party who required the case to be stated and to the other party or parties.
2
Within fifty six days after the draft case is sent to the parties under paragraph (1) above, any party may make representations on the draft to the Clerk in writing and shall at the same time send a copy of any representations so made to the other party or parties.
3
Within twenty eight days after the latest date on which representations may be made under paragraph (2) above, any party may make further representations on the draft to the Clerk in writing in response to any representations made under paragraph (2) above, and shall at the same time send a copy of such further representations to the other party or parties.
4
A failure by the Clerk to send a draft case within the time specified in paragraph (1) above, or a failure by a party to make representations within the time specified in paragraph (2) or (3) above, or to send a copy of representations under either of those paragraphs to the other party or parties, shall not affect the validity of the case after it has been stated and signed pursuant to regulation 22, or of any subsequent proceedings in relation to the case.
5
Where a party fails to send a copy of any representations to another party in accordance with paragraph (2) or (3) above, that other party may apply to the Clerk for a copy of the representations.
Preparation and submission of final case
22
1
Subject to paragraph (2) below, as soon as may be after the latest date on which representations may be made under regulation 21, the Tribunal whose decision is questioned, after taking into account any representations made under that regulation, shall state and sign the case.
2
If a member of the Tribunal has died or ceased to be a General Commissioner, then the case shall be stated and signed by the continuing Commissioner or Commissioners or, if there is no continuing Commissioner, by the Clerk.
3
After the case has been stated and signed the Clerk shall send it to the party who required it to be stated, and shall notify the other party or parties that the case has been sent to that party.
4
The party requiring the case shall —
a
transmit the case to the High Court within thirty days of receiving it, and
b
at or before the time when he transmits the case to the High Court, send notice of the fact that the case has been stated on his application, together with a copy of the case, to the other party or parties.
Case stated procedure — Scotland and Northern Ireland
23
1
In relation to proceedings in Scotland, references in regulations 20(1) and 22(4) to the High Court shall be taken as references to the Court of Session as the Court of Exchequer.
2
In relation to proceedings in Northern Ireland —
a
the reference in regulation 20(1) to the High Court shall be taken as a reference to the Court of Appeal in Northern Ireland;
b
the procedure relating to the transmission of a case stated under regulation 22 to the Court of Appeal in Northern Ireland shall be that for the time being in force in Northern Ireland as respects cases stated by a county court in exercise of its general jurisdiction, and regulation 22(4) shall not apply.
PART V
MISCELLANEOUS
Irregularities
24
1
Any irregularity resulting from any failure to comply with any provision of these Regulations or with any direction given by a Tribunal before the Tribunal has reached its final determination shall not of itself render the proceedings void.
2
Where any such irregularity comes to the attention of a Tribunal, the Tribunal before reaching its final determination may, and if it considers that any person may have been prejudiced by that irregularity shall, give such directions as it thinks just to cure or waive the irregularity.
3
Clerical mistakes in any document recording a direction or a decision of a Tribunal, or errors arising in such a document from an accidental slip or omission, may be corrected by the General Commissioner presiding at the hearing or any other of the General Commissioners comprising the Tribunal, or by the Clerk if all the General Commissioners comprising the Tribunal have died or ceased to be General Commissioners, by certificate under his hand.
Notices
25
Every notice required by these Regulations shall be in writing unless a Tribunal authorises it to be given orally.
Service
26
1
Any notice or other document (other than a summons under regulation 4) required or authorised by these Regulations to be sent or delivered to, or served on, any person shall be duly sent or delivered to, or served on, that person —
a
if it is sent to him at his proper address by post; or
b
if it is sent to him at that address by facsimile transmission or other similar means which produce a document containing a text of the communication, in which event the document shall be regarded as sent when it is received in a legible form; or
c
if it is delivered to him or left at his proper address.
2
Any such document may —
a
in the case of a body corporate, be sent or delivered to, or left with, the secretary or clerk of that body;
b
in the case of a foreign body corporate, be sent or delivered to, or left with, the person authorised to accept service of process on it;
c
in the case of a partnership, be sent or delivered to, or left with, any partner;
d
in the case of an unincorporated association other than a partnership, be sent or delivered to, or left with, any member of the governing body of the association.
3
For the purposes of this regulation, a person’s proper address is —
a
in the case of the secretary or clerk of a body corporate registered in the United Kingdom, the address of the registered or principal office of that body corporate;
b
in the case of the person authorised to accept service of process on a foreign body corporate, the address of the principal office or place of business of that body corporate in the United Kingdom;
c
in the case of the General Commissioners for a division or their Clerk, the address of the Clerk;
d
in the case of any other person, the usual or last known address of that person.
Substituted service
27
If any person to or on whom any notice or other document (other than a summons under regulation 4) is required to be sent, delivered or served for the purposes of these Regulations cannot be found or has died and has no known representative, or is out of the United Kingdom, or if for any other reason service on him cannot be readily effected, a Tribunal may dispense with the requirement that the notice or other document be sent or delivered to, or served on him or may make an order for substituted service on such other person or in such other form (whether by advertisement in a newspaper or otherwise) as the Tribunal may think fit.
Mackay of Clashfern, C
Dated 5th July 1994
I consent,
Rodger of Earlsferry
Dated 6th July 1994


text:
1
This Order may be cited as the Criminal Justice Act 1993 (Commencement No.6) Order 1994.
2
The provisions of the Criminal Justice Act 1993 (“the 1993 Act ”) referred to in the left-hand column of the Schedule to this Order (which relate to the matters described in the right-hand column of the Schedule) shall come into force on 1st April 1994.
3
1
So far as relating to the following provisions of the 1993 Act, namely —
a
sections 48, 50, 51 and 77; and
b
paragraphs 4 to 6 of Schedule 4 and paragraphs 15 and 17(4) of Schedule 5,
this Order extends to the United Kingdom.
2
So far as relating to the following provisions of the 1993 Act, namely —
a
section 32; and
b
paragraph 3 of Schedule 4,
this Order extends to Great Britain only.
3
So far as relating to the following provisions of the 1993 Act, namely —
a
sections 18 and 26(1); and
b
paragraph 1 of Schedule 4,
this Order extends to England and Wales only.
4
So far as relating to the following provisions of the 1993 Act, namely —
a
sections 19 and 26(2); and
b
paragraph 2 of Schedule 4,
this Order extends to Scotland only.
5
So far as relating to the following provisions of the 1993 Act, namely, paragraphs 17(1) and 17(5) of Schedule 5, this Order extends to Northern Ireland only.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
10th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Papworth Hospital National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 16th November 1994.
2
In this Order —
“the Authority” means the Suffolk Health Authority;
“the Trust” means the Papworth Hospital 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 26th May 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th November 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
18th October 1994


text:
Citation and commencement
1
This Order may be cited as the Superannuation (Children’s Pensions) (Earnings Limit) Order 1994 and shall come into force on 11th April 1994.
Increase in children’s limit
2
The sum mentioned in section 21(1)(c)(ii) of the Judicial Pensions Act 1981 (which excludes from the definition of “period of childhood and full-time education” a person over 16 who is undergoing training if the emoluments by his employer are more than the said sum) is hereby increased from £1,672 to £1,702.
Revocation of previous order
3
The Superannuation (Children’s Pensions) (Earnings Limit) Order 1993 is hereby revoked.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
18th February 1994


text:
1
This Order may be cited as the Police (Secretary of State’s Objectives) Order 1994 and shall come into force on 1st November 1994.
2
The objectives for the policing of the areas of all police authorities established under section 3 of the Police Act 1964 are —
a
to maintain and, if possible, increase the number of detections for violent crimes;
b
to increase the number of detections for burglaries of people’s homes;
c
to target and prevent crimes which are a particular local problem, including drug-related criminality, in partnership with the public and local agencies;
d
to provide high visibility policing so as to reassure the public; and
e
to respond promptly to emergency calls from the public.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
15th October 1994


text:
Citation and Commencement
1
This Order may be cited as the Education (School Curriculum and Assessment Authority) (Transfer of Functions) Order 1994 and shall come into force on 1st April 1994.
Interpretation
2
In this Order —
“The 1993 Act ” means the Education Act 1993;
“ ACAC ” means Awdurdod Cwricwlwm ac Asesu Cymru or the Curriculum and Assessment Authority for Wales ;
“ The Authority ” means the School Curriculum and Assessment Authority ;
“Fourth Key Stage” refers to the period set out in paragraph (d) of section 3(3) of the Education Reform Act 1988 ;
Transfer of Functions
3
1
Subject to paragraph (2) below, there are hereby transferred to ACAC, in relation to Wales, all the Authority ’s functions under subsection (1) of Section 245 of the 1993 Act as are exercisable in relation to both England and Wales.
2
Except in relation to Welsh, paragraph (1) above does not extend to the Authority’s functions relating to the examination and assessment of pupils in the fourth Key Stage or above.
John Redwood
Secretary of State for Wales
10th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the United Leeds Teaching Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 10th May 1994.
2
In this Order–
“the Authority” means the Leeds Health Authority;
“the Trust” means the United Leeds Teaching Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 20th July 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 10th May 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
12th April 1994


text:
1
This Order may be cited as the Insurance Brokers Registration Council (Registration and Enrolment) (Amendment) Rules Approval Order 1994 and shall come into force on 1st January 1995.
2
The Insurance Brokers Registration Council (Registration and Enrolment) (Amendment) Rules 1994 made on 29th November 1994 by the Insurance Brokers Registration Council in exercise of their powers under section 8(2) of the Insurance Brokers (Registration) Act 1977 are hereby approved.
3
The Insurance Brokers Registration Council (Registration and Enrolment) (Amendment) Rules Approval Order 1991 is hereby revoked.
Jonathan Evans
Parliamentary Under-Secretary of State,
Department of Trade and Industry
1st December 1994


text:
Title and commencement
1
This Order ma be cited as the Marketing Development Scheme (Specification of Activities) Order 1994 and shall come into force on 15th June 1994.
Activities specified for the purposes of section 50(2) of the Agriculture Act 1993
2
1
The following activities are hereby specified for the purposes of section 50(2) of the Agriculture Act 1993 —
a
the shooting and harvesting in the wild of game; and
b
the repeated harvesting above ground level at intervals of less than ten years of short rotation coppice.
2
In paragraph (1) of this article —
a
“game” has the same meaning as in section 1 of the Poaching Prevention Act 1862 ; and
b
“short rotation coppice” means a perennial crop of tree species which has been planted at high density.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd May 1994.
L.S.
Gillian Shephard
Minister of Agriculture, Fisheries and Food James
Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
24th May 1994
Signed by authority of the Secretary of State for Wales
Wyn Roberts
Minister of State, Welsh Office
23rd May 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Tower Hamlets) Order 1994 and shall come into force on 4th July 1994.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
a reference in the Schedule to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in the Schedule to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in the Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.
Designation of special parking area
3
1
The Secretary of State hereby designates the London borough of Tower Hamlets except the roads named or described in the Schedule to this Order as a special parking area.
2
A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.
Modification of the Road Traffic Regulation Act 1984
4
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Tower Hamlets as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection: —
1A
In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (London Borough of Tower Hamlets) Order 1994.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,
as they may require.
Modification of the Road Traffic Act 1991
5
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection: —
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the London borough of Tower Hamlets as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
20th June 1994


text:
Citation and commencement
1
These Regulations may be cited as the Education (Groups of Grant-maintained Schools) (Initial Governing Instruments) Regulations 1994 and shall come into force on 7th December 1994.
Initial instrument of government
2
For the purposes of section 118(1) of the Education Act 1993 the initial instrument of government for the governing body of a group shall be set out in the Schedule to these Regulations.
Initial articles of government
3
For the purposes of section 118(1) of the Education Act 1993 the initial articles of government for each school in a group shall be in accordance with those required (under any regulations in force at the time of incorporation of that group) for a grant-maintained school, or, as the case may be, a grant-maintained special school, and for those purposes —
a
any references to the staff committee are to the committee established under the instrument of government for the group, and
b
any duty to prepare an annual report to parents and to hold an annual parents' meeting shall be performed by the governing body separately in relation to each school in the group.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Amendment) (No. 2) Regulations 1994 and shall come into force on 1st September 1994.
2
In these Regulations “the principal Regulations ” means the Police Regulations 1987 .
Part-time appointments
2
Regulation 8A(8) of the principal Regulations is amended by substituting for the words “chief inspector” the word “sergeant”.
Normal daily period of duty
3
Regulation 26(1) of the principal Regulations is amended by substituting for the word “superintendent” the word “inspector”.
Variable shift arrangements
4
Regulation 26A(1) of the principal Regulations is amended by substituting for the word “superintendent” the word “inspector”.
Rostering of duties
5
Regulation 27(1) of the principal Regulations is amended by substituting for the word “superintendent” the word “inspector”.
Overtime
6
Regulation 28(3) of the principal Regulations is amended —
a
by inserting after the words “member of a police force” the words “below the rank of inspector”; and
b
by inserting after the words “that week” the words “, except that on each of the first 4 occasions on which overtime in respect of which the member was not informed as mentioned in paragraph (6) is worked during a week 30 minutes of the overtime worked is to be disregarded”.
Public holidays and rest days for lower ranks
7
Regulation 29 of the principal Regulations is amended —
a
in paragraph (1) by substituting for the word “superintendent” the word “inspector”;
b
in paragraph (3) by substituting for sub-paragraphs (a) to (c) —
a
where he receives less than 15 days' notice of the requirement, an allowance at the appropriate rest-day rate; or
b
in any other case, another rest day, which shall be notified to him within 4 days of notification of the requirement.
;
c
by inserting after paragraph (3) —
3A
The appropriate rest-day rate is, for each completed 15 minutes of duty on a rostered rest day, the fraction of a day’s pay specified in paragraph (3B).
3B
The fraction is —
a
where the member received less than 8 days' notice of the requirement, one sixteenth; and
b
in any other case, three sixty-fourths.
;
d
in paragraph (5) by substituting for the words “paragraph (3)(a) or (b)” the words “paragraph (3)(a)”, and for sub-paragraph (b) —
b
in the case of a rostered rest day —
i
where the member received less than 8 days' notice of the requirement, to double, and
ii
in any other case, to one and a half times,
.
e
in paragraph (6) by substituting for the words “paragraph (3)(a) or (b)” the words “paragraph (3)(a)”;
f
in paragraph (7)(c) by deleting the words after “public holiday”; and
g
in paragraph (7)(f) by inserting after the words “a period of 4 completed hours” the words “,except that a period of not more than one hour of duty on a rostered rest day shall, if it immediately follows a period for which he was on duty as part of a normal daily period of duty, count as the number of periods of 15 minutes actually completed”.
Public holidays and rest days for inspectors
8
The principal Regulations are amended by inserting after regulation 29 —
Public holidays and rest days for inspectors
29A
1
This regulation applies to every member of a police force of the rank of inspector or chief inspector.
2
Such a member shall, so far as the exigencies of duty permit, be allowed a day’s leave on each public holiday and be granted rest days at the rate of two rest days in respect of each week.
.
Pay during sick leave
9
The principal Regulations are amended by inserting after regulation 43 —
Pay during sick leave
43A
1
Subject to paragraphs (2) and (3), if on any relevant day a member of a police force has during the period of 12 months ending with that day been on sick leave for 183 days, he ceases for the time being to be entitled to full pay, and becomes entitled to half pay, while on sick leave.
2
Subject to paragraph (3), if on any relevant day a member of a police force has been on sick leave for the whole of the period of 12 months ending with that day, he ceases for the time being to be entitled to any pay while on sick leave.
3
The chief officer of police may in a particular case determine that for a specified period —
a
a member who is entitled to half pay while on sick leave is to receive full pay, or
b
a member who is not entitled to any pay while on sick leave is to receive either full pay or half pay,
and may from time to time determine to extend the period.
4
For the purposes of this regulation a relevant day is a day after 30th August 1995 on which a member is on sick leave, and in this regulation —
a
references to a member’s being on sick leave are references to his being absent from duty while entitled to be so, or with the consent of the police authority, under regulation 34,
b
references to full pay are references to pay at the rate ascertained from regulation 37(1) and, where applicable, regulation 39, and
c
references to half pay are references to pay at half the rate of the member’s full pay.
.
Removal allowance
10
Regulation 53(1)(d) of the principal Regulations is amended by deleting the words from “and may” to “immediately before the move”.
Allowance in respect of medical charges
11
Regulation 64 of the principal Regulations is amended —
a
in paragraph (1) by substituting for the words from “other” to “paragraph (2)” the words “if the charges are incurred by reason of an injury received without his default in the execution of his duty as a constable”; and
b
by deleting paragraph (2).
Modification for part time service
12
1
In this regulation “Schedule 1A” means Schedule 1A to the principal Regulations.
2
Paragraph 1 of Schedule 1A (which modifies regulation 5 of the principal Regulations) is amended —
a
in the inserted paragraph (5) by substituting for the word “superintendent” the word “inspector”; and
b
in the inserted paragraph (6) by substituting for the words “chief inspector” the word “sergeant”.
3
Paragraph 6 of Schedule 1A is amended in paragraph (2) of the substituted regulation 28 by inserting after the words “in excess of 8 hours” the words “,except that on each of the first 4 occasions on which overtime which the member was not told at the beginning of the shift would be required is worked during a relevant week 30 minutes of the overtime worked is to be disregarded”.
4
Paragraph 7 of Schedule 1A (which modifies regulation 29 of the principal Regulations) is amended —
a
by substituting for sub-paragraph (a) —
a
in paragraph (3A) for the words “a day’s pay” substitute “the member’s hourly rate of pay calculated in accordance with regulation 37(1)”;
aa
in paragraph (3B) —
i
for the words “one sixteenth” substitute “one quarter”, and
ii
for the words “three sixty-fourths” substitute “one eighth”;
ab
after paragraph (3B) insert —
3C
A member who —
a
is required to do duty on a free day, and
b
receives less than 15 days' notice of the requirement,
shall be granted another free day in lieu, which shall be notified to him within 4 days of notification of the requirement.
3D
This paragraph applies where —
a
a member is required to do duty on a free day, and
b
he receives less than 15 days' notice of the requirement, and
c
the duty is of such a nature that it would not in the circumstances have been reasonably practicable for it to be done by any other member.
3E
Where paragraph (3D) applies —
a
if the member was on duty for more than 8 hours on the free day and for more than 40 hours (in addition to any hours on a rostered rest day or a public holiday for which an allowance fell to be granted under paragraph (3)(a) or (4)(a) or (b)) during the week in which the free day occurred, he is entitled to an allowance at the rate of one twelfth of an hour’s pay for each completed period of 15 minutes of duty done on the free day, and
b
in any other case, he is entitled to time off equal to the total length of those periods.
3F
Where —
a
a member is required to do duty on a free day, and
b
he receives less than 15 days' notice of the requirement, but paragraph (3E) does not apply, he is entitled to an allowance at the appropriate rest-day rate.
;
b
in sub-paragraph (b) in the inserted paragraph (5A) by substituting —
i
for the words “paragraph (3C)(a)” the words “paragraph (3E) (a)”, and
ii
for the words “paragraph (3D)” the words “paragraph (3F)”;
c
by substituting for sub-paragraph (c)(iii) —
iii
after the words “as the case may be,” insert “paragraph (3E) or (3F) or”;
;
d
by substituting for sub-paragraph (d)(i) —
i
for sub-paragraph (b) substitute —
b
“the appropriate rate” is, for each completed 15 minutes of duty done on a public holiday, one quarter of the member’s hourly rate of pay calculated in accordance with regulation 37(1);
; and
e
by substituting for sub-paragraph (d)(iii) —
iii
in sub-paragraphs (f) and (g) after the words “rostered rest day”, wherever occurring, insert “or a free day” and in sub-paragraph (f) for the words “a normal daily period of duty” substitute “a rostered shift”.
.
5
Paragraph 22 of Schedule 1A (which modifies regulation 57 of the principal Regulations) is amended in the paragraph (1A) inserted by sub-paragraph (b) by substituting for the words “paragraphs (2), (2A) and (3)” the words “paragraphs (2A) and (3)”.
Modification for variable shift arrangements
13
Paragraph 4 of Schedule 2A to the principal Regulations is amended by inserting after the words ““not less than”” the words “and in paragraph (7)(f) for the words “a normal daily period of duty” substitute “a rostered shift””.
Provisions ceasing to have effect
14
The following provisions of the principal Regulations shall cease to have effect —
a
regulation 49 (housing allowance),
b
regulation 49A (housing allowance: supplementary),
c
regulation 49B (transitional rent allowance),
d
regulation 49C (application of regulation 49B to other members),
e
regulation 49D (application of regulation 52),
f
regulation 50 (supplementary housing allowance),
g
regulation 51 (application of regulations 49 and 50 to members of regional crime squads and motorway patrol groups),
h
regulation 52 (compensatory grant),
i
regulation 52B (compensatory allowance),
j
regulation 54 (uniform allowance),
k
regulation 55 (women’s stocking allowance),
l
regulation 57(2) and (4) (detective duty allowance),
m
regulation 61 (bicycle allowance),
n
regulation 62 (typewriter allowance),
o
regulation 66 (promotion examination allowance),
p
regulation 72 (provision of house or quarters),
q
paragraphs 16 to 18, 20 and 22(c) of Schedule 1A,
r
paragraph 4(1) and (2) of Schedule 4,
s
Schedules 9 and 10, and
t
paragraph 4 of Schedule 12.
Savings and transitional provision
15
The Schedule to these Regulations (which contains savings and transitional provision) shall have effect.
David Maclean
Minister of State
Home Office
23rd August 1994


text:
Title and commencement
1
These Regulations may be cited as the Sea Fish (Marketing Standards) (Amendment) Regulations 1994 and shall come into force on 22nd March 1994.
Amendment
2
The Sea Fish (Marketing Standards) Regulations 1986 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 2 (interpretation) —
a
after the definition of “Regulation 104/76” there shall be inserted —
“Regulation 3759/92” means Council Regulation ( EEC ) No.3759/92 on the common organisation of the market in fishery and aquaculture products
;
b
in the definition of “specified Community provision” after “Regulation 104/76” there shall be inserted “or Regulation 3759/92”.
4
In paragraphs (1) and (2) of regulation 3 (offences related to marketing) for the words “a fine not exceeding £2,000” there shall be substituted “a fine not exceeding level 5 on the standard scale”.
5
In regulation 4(1) (powers of authorised officers) —
a
in sub-paragraph (a) after “Regulation 104/76” there shall be inserted “or Regulation 3759/92”;
b
at the end of sub-paragraph (b) there shall be added —
and seize any fish in respect of which he has reasonable grounds to suspect that there has been a contravention of, or failure to comply with, article 2 of Regulation 3759/92;
.
6
In regulation 5 (obstruction of officers) for the words “a fine not exceeding £2,000” there shall be substituted “a fine not exceeding level 5 on the standard scale”.
7
At the end of the Schedule there shall be inserted —
Column 1 Column 2 Article of the Council Regulation Subject matter
Article 2 of Regulation 3759/92 Fisheries products to be marketed only if they comply with the marketing standards in Regulation 3759/92 Articles 19 and 22 to 24 of Regulation 3759/92 Fisheries products to be marketed only if they comply with the relevant price arrangements in Regulation 3759/92
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 28th February 1994.
L.S.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
17th February 1994


text:
Title and commencement
1
These Regulations may be cited as the Criminal Justice (International Co-operation) Act 1990 (Crown Servants) Regulations 1994 and shall come into force on 1st August 1994.
Interpretation
2
In these Regulations —
“the 1990 Act ” means the Criminal Justice (International Co-operation) Act 1990; and
“relevant financial business” has the meaning given by regulation 4 of the Money Laundering Regulations 1993 .
Application of the Act to Director of Savings and staff
3
Section 14(2) of the 1990 Act shall apply to the following persons, namely —
a
the Director of Savings; and
b
any person employed by or otherwise engaged in the service of the Director of Savings,
in circumstances where the said Director or any such person is carrying on relevant financial business.
Michael Howard
One of Her Majestys Principal Secretaries of State
Home Office
1st July 1994


text:
Citation and commencement
1
These Regulations may be cited as the Secure Tenants of Local Housing Authorities (Right to Repair) (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
Amendment
2
The Secure Tenants of Local Housing Authorities (Right to Repair) Regulations 1994 are amended as follows —
a
in the definition of contractor in regulation 2 omit “(except in regulation 11)”; and
b
for regulation 11 substitute —
11
In a case where a tenant applies to his landlord before 1st April 1996 for a qualifying repair to be carried out —
a
if, on the date the tenant applies, there is in force a contract between the landlord and a contractor —
i
which provides for the qualifying repair to be carried out by the contractor within a period which is longer than the first prescribed period, and
ii
which was entered into before 1st April 1994, or
iii
which was entered into on or after that date as a result of accepting an offer by the contractor which was made in response to an invitation to submit such an offer (and the invitation was given before 1st April 1994),
the period provided for in the contract shall be substituted for the period specified in relation to the repair in column 2 of the Schedule;
b
if paragraph (a) does not apply and —
i
offers were invited before 1st April 1994 to undertake work which includes the qualifying repair,
ii
the landlord’s bid to undertake the work provided for the qualifying repair to be carried out within a period which is longer than the first prescribed period, and
iii
the repair is to be carried out by the landlord in accordance with that bid,
the period provided for in the bid shall be substituted for the period specified in relation to the repair in column 2 of the Schedule; and
c
if paragraphs (a) and (b) do not apply and —
i
offers were invited before 1st April 1994 to undertake work which includes the qualifying repair,
ii
the conditions specified, or the specification prepared, for the purposes of the invitation provided for the qualifying repair to be carried out within a period which is longer than the first prescribed period, and
iii
the repair is to be carried out by the landlord in accordance with those conditions or that specification,
the period provided for in the conditions or specification shall be substituted for the period specified in relation to the repair in column 2 of the Schedule.
.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
18th March 1994
John Redwood
Secretary of State for Wales
22nd March 1994


text:
1
These Regulations may be cited as the Companies Act 1985 (Audit Exemption) (Amendment) Regulations 1994 and shall come into force on 12th November 1994.
2
1
Regulation 6 of the Companies Act 1985 (Audit Exemption) Regulations 1994 shall be amended as follows.
2
In paragraph (1), for the words “Subject to paragraphs (2) to (4) below,” there shall be substituted the words “Subject to paragraph (2) below,”.
3
For paragraphs (2) to (4) there shall be substituted the following paragraph —
2
The provisions of these Regulations do not apply to any annual accounts the period for laying and delivering of which expired before 11th August 1994.
.
Jonathan Evans
Parliamentary Under–Secretary of State for Corporate Affairs,
Department of Trade and Industry
5th November 1994


text:
Citation and Commencement
1
This Order may be cited as the Saundersfoot Harbour Revision Order 1994 and shall come into force on 19th August 1994.
Amendment of the Saundersfoot Harbour Order 1958
2
The Saundersfoot Harbour Order 1958 shall be amended by substituting, in article 38(1), for the words “forty shillings” the words “level 4 on the standard scale”.
Signed by authority of the Secretary of State for Wales
G. S. Podmore
An Assistant Secretary in the Welsh Office
18th August 1994