text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995 and shall come into force for the purposes of articles 2(2), 4, 6(1), (3) and (4), and 9 to 11 on the day after the day on which it is made and for all other purposes on 1st April 1997.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“Hampshire” means the non-metropolitan county of Hampshire, and “the County Council”means the council of that county;
“Portsmouth” (except in references to the county of Portsmouth) means the city of Portsmouth and “the Portsmouth Council” means the council of that city;
“the relevant date” means 6th May 1996;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1997;
“Southampton” (except in references to the county of Southampton) means the city of Southampton and “the Southampton Council” means the council of that city;
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 and
“the transferee authorities” means the councils of Portsmouth and Southampton.
2
The jperiod beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of any statutory instrument made under the Act.
PART II
LOCAL GOVERNMENT REORGANISATION IN PORTSMOUTH AND SOUTHAMPTON
Structural change
3
The functions of the County Council in relation to Portsmouth and Southampton shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the Portsmouth Council and the Southampton Council respectively.
Hampshire police authority
4
1
In this article, “the 1964 Act ” means the Police Act 1964 .
2
For the purposes of the functions to which this article applies —
a
sub-paragraph (1) of paragraph 27 of Schedule 1B to the 1964 Act (meaning of “relevant council”) shall have effect as from 1st October 1996 as if the transferee authorities had ceased to form part of Hampshire on that date; and
b
accordingly, the appointments which are required to be made to the Hampshire Police Authority (as established under section 3 of the 1964 Act) (“the Authority”) by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the County Council, the Isle of Wight Council and the transferee authorities (as relevant councils) in accordance with that provision.
3
The functions to which this article applies are —
a
on and after the reorganisation date, all functions of the Authority; and
b
before that date (but on and after 1st October 1996), the following functions of the Authority in respect of the financial year beginning on the reorganisation date —
i
functions under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) , and
ii
functions under sections 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act .
4
For the purposes of the functions referred to in paragraph (3)(b) above —
a
section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 1B to the 1964 Act was a reference to the members so appointed by virtue of paragraph (2) above; and
b
the members of the Authority appointed under paragraph 2 of that Schedule otherwise than by virtue of paragraph (2) above shall not participate in the discharge of those functions.
5
In the exercise of its powers, the joint committee referred to in paragraph (2)(b) above —
a
shall, for the purposes of paragraph 4(1)(b) of Schedule 1B to the 1964 Act, ignore any member of the County Council elected for an electoral division in the areas of the transferee authorities ; and
b
shall not appoint any such member to the Authority under paragraph 2(2) of Schedule 1B to the 1964 Act.
6
A member of the Authority who was appointed under paragraph 2 of Schedule 1B to the 1964 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of the Authority on the reorganisation date.
7
In determining the period of a term of years for the purposes of paragraph 17 of Schedule 1B to the 1964 Act (term of appointment of members of a police authority), any period as a member of the Authority prior to the reorganisation date under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of the Authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.
Amendment of Schedule 1A to the Police Act 1964
5
Schedule 1A to the Police Act 1964 shall be amended by inserting after the words“The counties of Hampshire and Isle of Wight” in the right-hand column opposite the name of the Hampshire police area the words “and the non-metropolitan districts of Portsmouth and Southampton”.
Fire services
6
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947 ; and
“the relevant area” means the area comprising Hampshire (as constituted on and after the reorganisation date) and the areas of the transferee authorities.
2
The area of each transferee authority shall, subject to any combination scheme under the 1947 Act, become the area of a fire authority for the purposes of that Act.
3
For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Hampshire”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Hampshire”.
4
Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Planning Functions
7
1
The structure plan applying immediately before the reorganisation date to Hampshire and any proposals prepared before that date for the alteration or replacement of any such plan shall be treated as if they had been prepared jointly by the County Council and the transferee authorities; and section 50 of the Town and Country Planning Act 1990 (“the 1990 Act ”) shall apply accordingly.
2
In relation to the transferee authorities —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
c
include their waste policies in their local plan.
.
Constitution of new counties
8
1
Portsmouth and Southampton shall cease to form part of Hampshire.
2
A new county shall be constituted comprising the area of Portsmouth and shall be named the county of Portsmouth.
3
A new county shall be constituted comprising the area of Southampton and shall be named the county of Southampton.
4
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the counties of Portsmouth and Southampton.
PART III
TRANSITIONAL PROVISION
Elections of councillors in Portsmouth
9
1
The City of Portsmouth (Electoral Arrangements) Order 1979 shall be amended by the substitution of the following article for article 9 —
9
1
The whole number of councillors shall be elected at the ordinary elections of councillors in 1996.
2
The councillors holding office for any ward of the city immediately before 6th May 1996 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
3
Of the councillors elected in 1996 for any ward of the city —
a
one-third shall retire in 1998 being, subject to paragraphs (4) and (5) below, the councillor elected by the smallest number of votes;
b
one-third shall retire in 1999 being, subject as aforesaid, the councillor elected by the next smallest number of votes;
c
the remaining councillor shall retire in 2000.
4
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
5
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
6
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
7
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary day of election of councillors for the city in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.
Elections of councillors in Southampton
10
1
The City of Southampton (Electoral Arrangements) Order 1976 shall be amended by the substitution of the following article for article 9 —
9
1
The whole number of councillors shall be elected at the ordinary elections of councillors in 1996.
2
The councillors holding office for any ward of the city immediately before 6th May 1996 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
3
Of the councillors elected in 1996 for any ward of the city —
a
one-third shall retire in 1998 being, subject to paragraphs (4) and (5) below, the councillor elected by the smallest number of votes;
b
one-third shall retire in 1999 being, subject as aforesaid, the councillor elected by the next smallest number of votes;
c
the remaining councillor shall retire in 2000.
4
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
5
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
6
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
7
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary day of election of councillors for the city in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.
Retirement of councillors
11
1
The electoral divisions of Hampshire comprised in Portsmouth and Southampton shall cease to be electoral divisions on the reorganisation date; and any person holding office, immediately before that date, as a councillor for such a division shall retire on that date .
2
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect —
a
in the case of a casual vacancy occurring in the office of councillor of a transferee authority during the period beginning with the date on which this article comes into force and ending with the relevant date, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the relevant date; and
b
in the case of a casual vacancy occurring in the office of councillor for any electoral division described in paragraph (1) above as if the reference in that subsection were a reference to the reorganisation date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
11th July 1995


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Criminal Justice Act 1993 (Commencement No. 9) Order 1995.
2
Paragraph 1 of Schedule 5 to the Criminal Justice Act 1993 (Consequential Amendments) together with, to the extent necessary to commence that paragraph, section 79(13) of that Act, shall come into force on 14th August 1995.
3
This Order extends to England and Wales only.
David Maclean
Minister of State
Home Office
22nd July 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Cheshire National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 14th November 1995.
2
In this Order —
“the Authority” means the South Cheshire Health Authority;
“the Trust” means the West Cheshire National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Chester Health Authority and the Trust on 9th February 1995, which schedule has been signed on behalf of that Authority and the Trust.
Transfer of trust property
2
On 14th November 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
15th October 1995


text:
Title and commencement
1
These Regulations may be cited as the Sweeteners in Food Regulations 1995, and shall come into force on 1st January 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“Directive 94/35/ EC ” means European Parliament and Council Directive 94/35/EC on sweeteners for use in foodstuffs;
“Directive 95/31/EC ” means Commission Directive 95/31/EC laying down specific criteria of purity concerning sweeteners for use in foodstuffs;
“food” means food sold, or intended for sale, for human consumption, and in regulation 6 and for the purposes of regulation 9 includes a sweetener;
“food additive” means any substance not normally consumed as a food in itself and not normally used as a characteristic ingredient of food, whether or not it has nutritive value, the intentional addition of which to food for a technological purpose in the manufacture, processing, preparation, treatment, packaging, transport or storage of such food results, or may reasonably be expected to result, in it or its by-products becoming directly or indirectly a component of such foods;
“infants” means children under the age of twelve months;
“member State” means a member State of the European Community;
“permitted sweetener” means any sweetener specified in Column 2 of Schedule 1 which satisfies the specific purity criteria for that sweetener set out in the annex to Directive 95/31/EC ;
“sell” includes possess for sale, and offer, expose or advertise for sale, and “sale” and “sold” shall be construed accordingly;
“sweetener” means any food additive which is used or intended to be used —
to impart a sweet taste to food, or
as a table-top sweetener;
“young children” means children aged between one and three years,
and other expressions used in these Regulations and in Directive 94/35/EC have, in so far as the context admits, the same meaning as they bear in that Directive.
2
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
3
In Schedule 1 —
a
in Column 3, the description “with no added sugar” means that the food to which it refers does not contain any —
i
added monosaccharide,
ii
added disaccharide,
iii
other added food used for its sweetening properties;
b
in Column 3, the description “energy-reduced” means that the food to which it refers has an energy value reduced by at least 30 per cent compared with the original or a similar food;
c
in Column 4, the maximum usable dose indicated in relation to a food is the maximum amount, in milligrams, of permitted sweetener per kilogram or, as the case may be, per litre of that food which is ready to eat having been prepared according to any instructions for use;
d
in Column 4, “quantum satis” means that no maximum level of permitted sweetener in or on a corresponding food is specified but that in or on such food a permitted sweetener may be used in accordance with good manufacturing practice at a level not higher than is necessary to achieve the intended purpose and provided that such use does not mislead the consumer.
Sale and use of sweeteners
3
1
Subject to regulation 4, no person shall sell any sweetener which is intended —
a
for sale to the ultimate consumer, or
b
for use in or on any food,
other than a permitted sweetener.
2
No person shall use in or on any food any sweetener other than a permitted sweetener.
3
Subject to paragraph (4) below, no person shall use any permitted sweetener in or on any food listed in Column 3 of Schedule 1 other than a permitted sweetener listed in relation to that food in Column 2 of Schedule 1 in an amount not exceeding the maximum usable dose for such permitted sweetener in or on such food as listed in Column 4 of Schedule 1.
4
No person shall use any permitted sweetener in or on any food for infants or young children as specified in Council Directive 89/398/ EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses.
Sale of table-top sweeteners
4
No person shall sell any table-top sweetener unless —
a
it contains no sweetener other than a permitted sweetener, and
b
it is marked or labelled —
i
with the description “x-based table-top sweetener”, substituting for x the name of any permitted sweetener which it contains,
ii
where it contains polyols, with the warning “excessive consumption may induce laxative effects”, and
iii
where it contains aspartame, with the warning “contains a source of phenylalanine”.
Sale of food containing sweeteners
5
No person shall sell any food having in it or on it any added sweetener other than a permitted sweetener which has been used in or on that food without contravening any of the provisions of paragraphs (2), (3) and (4) of regulation 3.
Condemnation of food
6
Where any food is certified by a food analyst as being food which it is an offence against these Regulations to sell, that food may be treated for the purposes of section 9 of the Act (under which food may be seized and destroyed on the order of a justice of the peace) as failing to comply with food safety requirements, and section 8(3) shall apply for the purposes of these Regulations as it applies for the purposes of the Act.
Offences, penalties and enforcement
7
1
If any person contravenes or fails to comply with any of the provisions of these Regulations he shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
3
Subject to paragraph (4) below, each food authority shall enforce and execute these Regulations in its area.
4
In this regulation “food authority” does not include —
a
the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change;
b
until 1st April 1996, the council of a district in Wales; or
c
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).
Defence in relation to exports
8
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove —
a
that the food or, as the case may be, sweetener in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that such food or sweetener complies with that legislation; and
b
in the case of export to another member State, that the legislation complies with Council Directive 89/107/EEC on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption, Directive 94/35/EC and Directive 95/31/EC .
Application of various provisions of the Food Safety Act 1990
9
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumption that food intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence);
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33 (obstruction etc. of officers);
h
section 36 (offences by bodies corporate);
i
section 44 (protection of officers acting in good faith).
Revocations and amendments
10
1
The Regulations specified in Columns 1 and 2 of Schedule 2 shall be revoked to the extent specified in Column 3 of that Schedule.
2
In paragraph (1) of regulation 2 (interpretation) of both the Jam and Similar Products Regulations 1981 and the Jam and Similar Products (Scotland) Regulations 1981 , for the definition of “permitted sweetener” there shall be substituted the following definition —
“permitted sweetener” means any sweetener in so far as its use is permitted by the Sweeteners in Food Regulations 1995;
.
3
In the definition of “additive” in paragraph (1) of regulation 2 (interpretation) of both —
a
the Meat Products and Spreadable Fish Products Regulations 1984 , for the words “the Sweeteners in Food Regulations 1983”, and
b
the Meat Products and Spreadable Fish Products (Scotland) Regulations 1984 , for the words “the Sweeteners in Food (Scotland) Regulations 1983”,
there shall be substituted, in each case, the words “the Sweeteners in Food Regulations 1995”.
4
In the Food Additives Labelling Regulations 1992 , in Part II of Schedule 1 (categories of food additives), in subparagraph (n), for the date “1983” there shall be substituted the date “1995”.
Transitional provision and exemption
11
1
In any proceedings for an offence against these Regulations it shall be a defence to prove that —
a
i
the act was committed before 30th June 1996, or
ii
the act was that of selling a sweetener or a food which, in either case, was put on the market or labelled before 30th June 1996; and
b
the matters constituting the offence would not have constituted an offence under any Regulations now revoked or amended by these Regulations if those Regulations had been in operation (in the case of Regulations now being amended, as if such amendments had not been made) when the act was committed or the sweetener or, as the case may be, the food was put on the market or labelled.
2
These Regulations shall not apply to any sweetener or, as the case may be, food which —
a
is brought into Great Britain before 30th June 1996 from a member State in which it was lawfully produced and sold or in which it was in free circulation and lawfully sold; and
b
is suitably labelled to give the nature of the sweetener or, as the case may be, the food.
3
For the purpose of paragraph (2) above, “free circulation” shall be construed in accordance with Article 9.2 of the Treaty establishing the European Community.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
3rd December 1995
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
17th November 1995
Signed by authority of the Secretary of State for Wales:
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
23rd November 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
21st November 1995


text:
1
The M1–A1 Link (Belle Isle to Bramham Crossroads Section and Connecting Roads) Scheme 1994 is hereby varied as follows: —
a
for schedules 3 and 5 to that Scheme are substituted the schedules to this Scheme which are numbered 3 and 5 respectively; and
b
for article 2(c)(iii) of that Scheme (definition of “plan”), substitute —
iii
“plan” means plan number 2 in the plan folio numbered HA 16/YHCPD 10 and marked, “The M1–A1 Link (Belle Isle to Bramham Crossroads Section and Connecting Roads) Scheme 1994”, or numbered 1 and 3 in the plan folio numbered HA 16/YHCPD 16 and marked, “The M1–A1 Link (Belle Isle to Bramham Crossroads Section and Connecting Roads) Scheme 1994 (Variation) Scheme 1995”, each signed by authority of the Secretary of State at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY and “plan” shall be construed accordingly.
2
This Scheme may be cited as the M1–A1 Link (Belle Isle to Bramham Crossroads Section and Connecting Roads) Scheme 1994 (Variation) Scheme 1995 and shall come into force on 14th March 1995.
Signed by authority of the Secretary of State for Transport
R. R. Bineham
Deputy Director Yorkshire and Humberside Construction Programme Division
17th February 1995


text:
1
This Order may be cited as the Value Added Tax (Cars) (Amendment) (No. 2) Order 1995 and shall come into force on 1st August 1995.
2
The Value Added Tax (Cars) Order 1992 shall be amended in accordance with articles 3 to 8 of this Order.
3
In article 4 —
a
at the beginning of paragraph (1) there shall be inserted “Subject to paragraphs (1A) to (2) below,”;
b
in sub-paragraph (c) of paragraph (1) the words “where” to the end shall be deleted;
c
after sub-paragraph (e) of paragraph (1) there shall be added the following —
f
a relevant supply of services by a taxable person to whom a motor car has been let on hire or supplied or by whom a motor car has been acquired from another member State or imported.
; and
d
after paragraph (1) there shall be inserted the following —
1A
Paragraph (1) above shall not apply in relation to a case falling within paragraph (1)(a) to (c) above unless the tax on any previous supply, acquisition or importation was wholly excluded from credit under section 25 of the Act.
1B
Paragraph (1) above shall not apply in relation to a case falling within paragraph (1)(f) above unless the tax on any previous letting on hire, supply, acquisition or importation was wholly or partly excluded from credit under section 25 of the Act.
1C
For the purposes of paragraph (1)(f) above a relevant supply of services is —
a
the letting on hire of a motor car to any person for no consideration or for a consideration which is less than that which would be payable in money if it were a commercial transaction conducted at arms length; or
b
the making available of a motor car (otherwise than by letting it on hire) to any person (including, where the taxable person is an individual, himself, and where the taxable person is a partnership, a partner) for private use, whether or not for a consideration.
4
After article 4 there shall be inserted the following —
4A
Paragraph 5(4) of Schedule 4 to the Act shall not apply in relation to a motor car to which either article 5 or article 6 below applies which is used or made available in circumstances where, but for the operation of that paragraph, it would be treated by virtue of one or other of those articles as supplied to and by a taxable person.
.
5
For article 5 there shall be substituted the following —
1
This article applies to any motor car —
a
which has been produced by a taxable person otherwise than by the conversion of a vehicle obtained by him;
b
which has been produced by the taxable person by the conversion of another vehicle (whether a motor car or not) and in relation to which the condition in paragraph (2) below is satisfied; or
c
which was supplied to, or acquired from another member State or imported by, a taxable person and in relation to which the condition in paragraph (2) below is satisfied,
but does not apply to any motor car to which article 6 below applies.
2
The condition referred to in paragraph (1)(b) and (c) above is that the tax on the supply to, or acquisition or importation by, the taxable person of the motor car or the vehicle from which it was converted, as the case may be, was not wholly excluded from credit under section 25 of the Act.
3
Where a motor car to which this article applies —
a
has not been supplied by the taxable person in the course or furtherance of a business carried on by him; and
b
is used by him such that it is not used exclusively for the purposes of a business carried on by him,
it shall be treated for the purposes of the Act as both supplied to him for the purposes of a business carried on by him and supplied by him for the purposes of that business.
.
6
In article 6, for paragraphs (1) and (1A) there shall be substituted the following —
1
This article applies to any motor car which has been supplied to, or acquired from another member State or imported by, a taxable person primarily for the purpose of —
a
being provided by him for hire with the services of a driver for the purpose of carrying passengers;
b
being provided by him for self-drive hire; or
c
being used as a vehicle in which instruction in the driving of a motor car is to be given by him.
1A
Where a motor car to which this article applies —
a
is neither supplied nor converted into another vehicle (whether a motor car or not) by the taxable person, in either case, in the course or furtherance of any business carried on by him; and
b
is used by him primarily for a purpose other than one of the purposes described in paragraph (1) above, but is not used exclusively for the purposes of a business carried on by him,
it shall be treated for the purposes of the Act as both supplied to him for the purposes of that business and supplied by him in the course or furtherance of that business.
.
7
After article 6 there shall be inserted the following —
6A
For the purposes of articles 5 and 6 above article 7 of the Value Added Tax (Input Tax) Order 1992 shall apply for the purpose of determining whether a motor car is used exclusively for the purposes of the taxable person’s business as it would apply for the purpose of determining whether he so intended to use it.
.
8
In article 8 —
a
after sub-paragraph (b) of paragraph (2) there shall be inserted the following —
bb
a supply to which the provisions of article 7(4) of the Value Added Tax (Input Tax) Order 1992 applied;
;
b
sub-paragraph (d) of paragraph (3) shall be deleted; and
c
paragraph (4) shall be deleted.
9
The Value Added Tax (Cars) (Amendment) Order 1993 is hereby revoked.
Tim Wood
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
29th June 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Grant) (Bishop Perowne High School) Regulations 1995 and shall come into force on 7th August 1995.
2
In these Regulations —
“grant” means a grant in pursuance of these Regulations;
“the governing body” means the governing body of the Bishop Perowne High School, Merrimans Hill, Worcester; and
“the School” means the Bishop Perowne High School, Merrimans Hill, Worcester.
Payment of Grant
2
The Secretary of State may pay grant of such amount as she may determine, not exceeding £6,610, to the governing body in respect of expenditure incurred by them in respect of legal and other expert advice relating to a defective roof of a gymnasium used for the provision of educational services at the School.
Requirements to be observed
3
Where grant is paid under these Regulations the governing body shall comply with such requirements (including requirements as to the repayment of grant and the payment of interest on sums due) as may be specified by the Secretary of State.
Robin Squire
Parliamentary Under-Secretary of State,
Department for Education
2nd July 1995


text:
1
This Order may be cited as the Elections (Welsh Forms) Order 1995 and shall come into force on 1st April 1995.
2
1
The following form of words:
PLEIDLEISIWCH DROS UN YMGEISYDD YN UNIG
is hereby prescribed as the form of words in Welsh for the words “VOTE FOR ONE CANDIDATE ONLY” which are specified in the form of the front of the ballot paper in the Appendix to Schedule 1 to the Representation of the People Act 1983 for use at parliamentary elections.
2
The following form of words:
Rhif
Etholiad dros Etholaeth ar 19
is hereby prescribed as the form of words in Welsh for the words,
No.
Election for the Constituency on 19
which are specified in the form of the back of the ballot paper in the said Appendix.
3
The forms of words in Welsh prescribed by paragraphs (1) and (2) above shall be printed so that they appear immediately beneath the corresponding words in English on every ballot paper at a parliamentary election in Wales.
3
1
The form of words in Welsh prescribed by article 2(1) of this Order is also hereby prescribed as the form of words in Welsh for the words “VOTE FOR ONE CANDIDATE ONLY” which are specified in the form of the front of the ballot paper in the Appendix to Schedule 1 to the Representation of the People Act 1983 as it is applied for the purposes of European Parliamentary elections by virtue of regulation 5 of, and Schedule 1 to, the European Parliamentary Elections Regulations 1986 .
2
The following form of words,
Rhif
Etholiad dros Etholaeth Senedd Ewrop ar 19
is hereby prescribed as the form of words in Welsh for the words,
No.
Election for the European Parliamentary Constituency of on 19
which are specified in the form of the back of the ballot paper in the said Appendix as so applied.
3
The form of words in Welsh prescribed by paragraphs (1) and (2) above shall be printed so that they appear immediately beneath the corresponding words in English on every ballot paper at a European Parliamentary election in Wales.
4
1
The following form of words:
PEIDIWCH PHLEIDLEISIO DROS RAGOR NA(G) YMGEISYDD
is hereby prescribed as the form of words in Welsh for the words “VOTE FOR NO MORE THAN CANDIDATES” which are specified in the form of the front of the ballot paper in the Appendix of Forms in Schedule 2 to the Local Elections (Principal Areas) Rules 1986 .
2
The following form of words:
Rhif
Etholiad dros ranbarth etholiadol sir/bwrdeisdref sir ar 19
is hereby prescribed as the form of words in Welsh for the words,
No.
Election for the electoral division of the county/county borough of on 19
which are specified in the form of the back of the ballot paper in the said Appendix .
3
The forms of words in Welsh prescribed by paragraphs (1) and (2) above shall be printed so that they appear immediately beneath the corresponding words in English on every ballot paper at an election of councillors to the council of a new principal area in Wales.
4
In paragraph (3) above, the reference to a new principal area is a reference to such an area created by section 20(1) of, and Schedule 4 to, the Local Government Act 1972 as substituted by section 1 of, and Schedule 1 to, the Local Government (Wales) Act 1994 .
5
1
The form of words in Welsh prescribed by article 4(1) of this Order is also hereby prescribed as the form of words in Welsh for the words “VOTE FOR NO MORE THAN CANDIDATES” which are specified in the form of the front of the ballot paper in the Appendix of Forms in Schedule 2 to the Local Elections (Parishes and Communities) Rules 1986 .
2
The following form of words:
Rhif
Etholiad dros ward Cymuned ar 19
is hereby prescribed as the form of words in Welsh for the words,
No.
Election for the ward of the Community of on 19
which are specified in the form of the back of the ballot paper in the said Appendix.
3
The forms of words in Welsh prescribed by paragraphs (1) and (2) above shall be printed so that they appear immediately beneath the corresponding words in English on every ballot paper at an election of councillors to a community council in Wales.
6
In each of the following:
a
Form 1 in Schedule 1, and Form 5 in Schedule 2, to the Representation of the People (Welsh Forms) Order 1989 ;
b
Form 1 in Schedule 1, and Form 5 in Schedule 2, to the European Parliamentary Elections (Welsh Forms) Order 1989 ;
c
paragraph 4 of the form of directions for the guidance of the voters in —
i
Part I of the Schedule to the Local Elections (Principal Areas) (Welsh Forms) Order 1987 ; and
ii
Part I of the Schedule to the Local Elections (Communities) (Welsh Forms) Order 1987
d
the back of an elector’s official poll card and the form of voting compartment notice set out in Part III of the Schedule to each of the said Orders of 1987,
for the words “Pleidleisiwch i un ymgeisydd yn unig” there shall be substituted the words “Pleidleisiwch dros un ymgeisydd yn unig”, being the Welsh version of the words “vote for one candidate only” which appear in the form of voting compartment notice, the form of the back of an elector’s official poll card or in the directions for the guidance of voters, as the case may be, to which the aforementioned provisions relate.
Blatch
Minister of State
Home Office
20th March 1995


text:
Citation and commencement
1
This Order may be cited as the National Health Service (District Health Authorities) Order 1995 and shall come into force on 1st April 1995.
Abolition of Authorities
2
The District Health Authorities specified in Schedule 1 to this Order are hereby abolished.
Establishment and names of new Authorities
3
For each of the districts determined by the National Health Service (Determination of Districts) Order 1995 and specified in column (1) of Schedule 2 to this Order there is established a District Health Authority which shall be known by the name specified in column (2) of that Schedule in relation to that district.
Amendment of the National Health Service (District Health Authorities) Order 1990
4
In consequence of articles 2 and 3 of this Order the National Health Service (District Authorities) Order 1990 shall be amended by —
a
the omission from Part 5 of Schedule 1 of the entries in columns (1) and (2) relating to Chichester District, East Surrey District, Mid Downs District, Mid Surrey District, North West Surrey District, South West Surrey District and Worthing District, and the insertion, immediately after the entries in that Part relating to —
i
Croydon District, of the following entries in columns (1) and (2) respectively: —
Eastern Surrey Eastern Surrey Health Authority
,
ii
South East London District, of the following entries in columns (1) and (2) respectively: —
Western Surrey Western Surrey Health Authority
,
iii
West Kent District, of the following entries in columns (1) and (2) respectively: —
West Sussex West Sussex Health Authority
;
b
the omission from Part 8 of Schedule 1 of the entries in columns (1) and (2) relating to Chester District and to South and East Cheshire District and the insertion, immediately after the entries relating to Sefton District, of the following entries in columns (1) and (2) respectively: —
South Cheshire South Cheshire Health Authority
.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
6th March 1995


text:
Citation and commencement
1
This Order may be cited as the Teddington Memorial Hospital National Health Service Trust (Establishment) Amendment Order 1995 and shall come into force on 28th January 1995.
Amendment of NHS Trust Establishment Order
2
In the Teddington Memorial National Health Service Trust (Establishment) Order 1993 —
a
in Article 4 (directors of the trust) for “3 non–executive” there shall be substituted “4 non–executive” and for “3 executive” there shall be substituted “4 executive”
b
in Article 7(2) (assistance by health authorities before operational date) for the words “between the establishment date and” there shall be substituted the word “before”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
18th January 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottingham City Hospital National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 14th March 1995.
2
In this Order —
“the Authority” means the Nottingham Health Authority;
“the Trust” means the Nottingham City 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 25th November 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 14th March 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
14th February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Kidderminster Health Care National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 20th November 1995.
2
In this Order —
“the Authority” means the North Worcestershire Health Authority;
“the Trust” means the Kidderminster Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 27th July 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 20th November 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
19th October 1995


text:
Citation and commencement
1
This Order may be cited as the Aberystwyth Harbour Revision Order 1995 and shall come into force on 19th December 1995.
Amendment of the Aberystwyth Harbour Act 1987
2
For subsections (4) and (5) of section 5 (Power to construct works) of the Aberystwyth Harbour Act 1987 there shall be substituted the following subsections:
4
The Council may, in relation to the works, form and lay out a means of access at the point marked “A” on the deposited plan for purposes of the construction of the works and thereafter for the general purposes of the harbour undertaking.
5
The Council shall not commence the construction of any part of the works other than the means of access at the point marked “A” on the deposited plan until that means of access has been completed to the reasonable satisfaction of the Secretary of State.
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State,
Welsh Office
18th December 1995


text:
1
This Order may be cited as the A1 Trunk Road (Islington) Red Route Traffic Order 1993 Variation Order 1995, and shall come into force on 15th May 1995.
2
The A1 Trunk Road (Islington) Red Route Traffic Order 1993 is varied as provided by the following provisions of this Order.
3
In Schedule 2, delete paragraph 3.
4
In Schedule 2, for paragraph 6 substitute —
6
From a point 2 metres south-east of the party wall of Nos 516 and 518 Holloway Road south-eastward for a distance of 28 metres.
5
In Schedule 2, after paragraph 6, insert the following paragraph —
6A
From a point 22 metres south-east of the south-eastern kerbline of Hercules Street south-eastward for a distance of 18 metres.
6
In Schedule 2, delete paragraph 7.
7
In Schedule 2, after paragraph 7, insert the following paragraphs —
7A
Between a point 10 metres south-east of a point opposite the south-eastern kerbline of Windsor Road and a point 2 metres south-east of the south-eastern boundary wall of No. 6 Gaumont Parade, Holloway Road.
7B
Between a point level with the common boundary of Nos 381 and 383 Holloway Road and a point level with the common boundary of Nos 377 and 379 Holloway Road.
7C
Between a point 2 metres north-west of the common boundary of Nos 363 and 365 Holloway Road and a point 1 metre south-east of the common boundary of Nos 357 and 359 Holloway Road.
8
In Schedule 3, for paragraph 3 substitute —
3
From a point 4 metres south-east of the south-eastern kerbline of Hercules Street south-eastward for a distance of 18 metres.
9
In Schedule 3, delete paragraph 4.
10
In Schedule 3, for paragraph 5 substitute —
5
From a point 2.6 metres south-east of the party wall of Nos 450 and 452 Holloway Road south-eastwards for a distance of 28.6 metres.
11
In Schedule 3, after paragraph 6, insert the following paragraphs —
South-West Side
6A
Between a point 2 metres south-east of the south-eastern boundary wall of No 6 Gaumont Parade, Holloway Road and a point level with the north-western boundary wall of No 4 Gaumont Parade, Holloway Road.
6B
Between a point 2 metres south-east of the common boundary of Nos 375 and 377 Holloway Road and a point 2 metres north-west of the common boundary of Nos 363 and 365 Holloway Road.
12
In Schedule 3, after paragraph 32, insert the following paragraph —
32A
From a point 4 metres south-east of the south-eastern kerbline of Bowmans Place south-eastward for a distance of 23 metres.
13
In Schedule 3, delete paragraph 42.
14
In Schedule 4, for paragraphs 40, 41 and 42 substitute —
40
Between a point level with the north-western boundary wall of No 4 Gaumont Parade, Holloway Road and a point 20 metres north-west of the party wall of Nos 409a and 411 Holloway Road.
41
Between a point 5 metres south-east of the party wall of Nos 409a and 411 Holloway Road and a point level with the north-western kerbline of the north-western access road fronting No 383 Holloway Road.
42
Between a point 1 metre south-east of the common boundary of Nos 357 and 359 Holloway Road and a point 184 metres south-east of the southern kerbline of Camden Road.
15
In Schedule 4, delete paragraphs 43 and 44.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
1st May 1995


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1995 and shall come into force on 1st July 1995.
Amendment of the Road Vehicles (Registration and Licensing) Regulations 1971
2
The Road Vehicles (Registration and Licensing) Regulations 1971 shall have effect with the amendments specified in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
7th June 1995


text:
Title and commencement
1
This Order may be cited as the Perthshire Tourist Board Scheme Order 1995 and shall come into force on 31st August 1995.
Interpretation
2
In this Order —
“ the scheme ” means the Perthshire Tourist Board Scheme 1995;
“ the Board ” means the Perthshire Tourist Board;
“existing Board” means any area tourist organisation which is to be wound up and dissolved in accordance with paragraph 11(2) of the scheme; and
“local government area” shall be construed in accordance with section 1(2) of the Local Government etc. (Scotland) Act 1994.
The Scheme
3
1
Subject to paragraph (2), the scheme set out in the Schedule to this Order shall have effect, as from 1st April 1996, for the establishment of the Board for the local government area of Perthshire and Kinross.
2
The scheme shall have effect from the date of coming into force of this Order in relation to —
a
the constitution of the Board;
b
the carrying out by the Board of any functions necessary to bring the scheme into operation on 1st April 1996; and
c
the winding up of an existing Board.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
12th July 1995


text:
1
This Order may be cited as the Judicial Pensions and Retirement Act 1993 (Commencement) Order 1995.
2
The Judicial Pensions and Retirement Act 1993 shall come into force on 31st March 1995.
Mackay of Clashfern, C.
Dated 6th March 1995
Ian Lang
One of Her Majesty’s Principle Secretaries of State
Dated 7th March 1995


text:
Commencement and citation
1
This Order may be cited as the A13 Trunk Road (Havering) Red Route (Clearway) Traffic Order 1995, and shall come into force on 2nd October 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, The London Borough of Havering (Waiting and Loading Restriction) Order 1978 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in The London Borough of Havering (Waiting and Loading Restriction) Order 1978 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
22nd September 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bristol Development Corporation (Planning Functions) Order 1995 and shall come into force on 18th December 1995.
2
In this Order —
“the 1990 Act ” means the Town and Country Planning Act 1990;
“the authority” means the authority which, but for the Bristol Development Corporation (Planning Functions) Order 1989 , would be the local planning authority, within the meaning of section 336(1) of the 1990 Act;
“the development area” means the area designated as an urban development area by the Bristol Development Corporation (Area and Constitution) Order 1988 ; and
“the development corporation” means the Bristol Development Corporation.
Revocation of the planning functions and special development orders
2
The Bristol Development Corporation (Planning Functions) Order 1989 and the Town and Country Planning (Bristol Urban Development Area) Special Development Order 1989 are hereby revoked.
Transitional provisions in connection with planning functions
3
Anything which before the date of the coming into force of this Order was in the process of being done by, to or in relation to the development corporation in connection with any of the functions transferred to it under article 3 of the Bristol Development Corporation (Planning Functions) Order 1989 (planning functions of the development corporation) may be continued after that date by, to or in relation to the authority.
Liability for compensation in connection with planning functions; section 106 planning obligations
4
1
Where a right to compensation arises under section 107, 108, 115, 186, 203 or 204 of the 1990 Act or section 28 or 29 of the Planning (Listed Buildings and Conservation Areas) Act 1990 in consequence of action taken in relation to land within the development area by the development corporation, the Secretary of State shall be liable for any compensation which is payable.
2
Where the Secretary of State makes an order or serves a notice, as the case may be, under section 100, 104, 185 or 202 of, or paragraph 11 of Schedule 9 to, the 1990 Act in respect of a matter arising before the date of the coming into force of this Order, which relates to land within the development area, the Secretary of State shall be liable to pay any compensation arising from the order or notice.
3
A planning obligation entered into by agreement or otherwise under section 106 of the 1990 Act before the date of the coming into force of this Order which identifies the development corporation as the local planning authority by whom the obligation is enforceable shall after that date be enforceable by the authority.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
1995


text:
Citation and commencement
1
This Order may be cited as the Financial Services Act 1986 (Investment Services) Extension of Scope of Act) Order 1995 and shall come into force on 1st January 1996.
Interpretation
2
— In this Order —
“ the Act ” means the Financial Services Act 1986;
“core investment service” means a service listed in Section A of the Annex to the Investment Services Directive, the text of which is set out in Part I of Schedule 1 to this Order together with the text of Section B of that Annex which is relevant to the interpretation of Section A;
“investment firm” has the meaning given in paragraph (2) below;
“the Investment Services Directive” means the Council Directive on investment services in the securities field ( No. 93/22/ EEC ) ; and
“listed service” means a service listed in Section A or C of the Annex to the Investment Services Directive.
2
In this Order references to an investment firm are references to any person, other than one within paragraph (3) below, whose regular occupation or business is the provision of any one or more core investment services to third parties on a professional basis.
3
The persons within this paragraph are persons to whom the Investment Services Directive does not apply by virtue of the provisions of Article 2(2) of that Directive, the text of which is set out in Schedule 2 to this Order.
Shares in industrial and provident societies
3
Paragraph 1 of Schedule 1 to the Act shall have effect as if transferable shares in a body incorporated under the law of, or of any part of, the United Kingdom relating to industrial and provident societies fell within that paragraph.
Bills of exchange
4
Paragraph 2 of Schedule 1 to the Act shall have effect as if bills of exchange accepted by a banker fell within that paragraph.
Amendment of Part II of Schedule 1 to the Act for certain purposes
5
For the purposes of the provisions of sections 47A and 48 of the Act, Part II of Schedule 1 to the Act shall have effect as if amongst the activities falling within that Part of that Schedule were those listed services falling within Section C of the Annex to the Investment Services Directive; and for these purposes none of the exclusions in Part III of that Schedule shall have effect.
Amendment of Part III of Schedule 1 to the Act
6
1
Nothing in paragraphs 17 to 19 and 21 of Schedule 1 to the Act shall have the effect that the provision of any core investment service to third parties on a professional basis is excluded from the activities which fall within the paragraphs in Part II of Schedule 1 to the Act.
2
Paragraph 23 of Schedule 1 to the Act shall have effect as if it precluded a permission being granted to any person who is an investment firm.
Transitional provisions
7
The prohibitions in section 3 of the Act shall not, until 1st January 1997, extend to any person who is, by virtue only of any provision of this Order, carrying on, or purporting to carry on, investment business in the United Kingdom.
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
18th December 1995


text:
1
This Order may be cited as the Finance Act 1995, section 82, (Appointed Day) Order 1995.
2
The day appointed for the purposes of section 82 of the Finance Act 1995 is 2nd January 1996.
Simon Burns
David Willetts
Two of the Lord Commissioners of Her Majesty’s Treasury
15th November 1995


text:
Extent, citation and commencement
1
These Regulations, which extend to England and Wales and Scotland, may be cited as the Police (Retention and Disposal of Vehicles) Regulations 1995 and shall come into force on 10th April 1995.
Application and interpretation
2
1
These Regulations apply to vehicles which have been seized and removed by a constable under section 62(1) or 64(4) of the 1994 Act .
2
In these Regulations —
“the 1994 Act” means the Criminal Justice and Public Order Act 1994;
“the authority” means a police officer or other person authorised by the chief officer under regulation 3(1);
“G.B. registration mark” means a registration mark issued in relation to a vehicle under the Vehicle Excise and Registration Act 1994 ;
“local authority” means —
in relation to England —
a county council or, in a county where there is no county council, a district council;
a London borough council, or the Common Council of the City of London; or
the Council of the Isles of Scilly;
in relation to Scotland —
until 1st April 1996, a regional or islands or district council;
on or after that date, a council constituted under section 2 of the Local Government (Scotland) Act 1994 ;
in relation to Wales —
until 1st April 1996, a county council;
on or after that date, a county council or county borough council;
“owner” includes —
the person by whom, according to the records maintained by the Secretary of State for Transport in connection with any functions exercisable by him by virtue of the Vehicle Excise and Registration Act 1994, the vehicle is kept and used;
in relation to a vehicle which is the subject of a hiring agreement or a hire-purchase agreement, the person entitled to possession of the vehicle under the agreement;
“removal notice” means a notice complying with regulation 4;
“specified information”, in relation to a vehicle, means such of the following information as can be or could have been ascertained from an inspection of the vehicle, or has been ascertained from any other source, that is to say:
in the case of a vehicle which carries a G.B. registration mark, or a mark indicating registration in a place outside Great Britain, particulars of that mark; and
the make of the vehicle.
Retention and safe keeping of vehicles
3
1
After a vehicle has been seized and removed under section 62(1) or 64(4) of the 1994 Act, it shall be passed into and remain in the custody of a police officer or other person authorised under this regulation by the chief officer of the police force for the area in which the vehicle was seized (“the authority”) until —
a
the authority permit it to be removed from their custody by a person appearing to them to be the person from whom the vehicle was seized or the owner of the vehicle; or
b
it has been disposed of or destroyed under these Regulations.
2
While the vehicle is in the custody of the authority, they shall be under a duty to take such steps as are reasonably necessary for its safe keeping.
Service of removal notice
4
1
The authority shall, as soon as they are able after the vehicle has been taken into their custody, take such steps as are practicable to serve a removal notice on the person from whom the vehicle was seized, except where the vehicle has been removed from their custody under regulation 5 below.
2
A removal notice required to be served under this regulation or under regulation 6(3) below shall comply with, and shall be served in accordance with, the following provisions of this regulation.
3
The removal notice shall, in respect of the vehicle to which it relates, contain the specified information and shall state:
a
the place where the vehicle was seized;
b
the place where it is now being kept;
c
that the person to whom the notice is directed is required to claim the vehicle from the authority on or before the date specified in the notice, being a date not less than 21 days from the day when the notice is served on him;
d
that unless the vehicle is claimed on or before that date the authority intend to destroy or dispose of it;
e
that charges are payable under these Regulations by the person from whom the vehicle was seized in respect of the removal and retention of the vehicle, and that the vehicle may be retained until such charges are paid.
4
The removal notice shall be served —
a
by delivering it to the person to whom it is directed;
b
by leaving it at his usual or last known place of abode;
c
by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to him at his usual or last known place of abode; or
d
if the person is —
i
a body corporate, by delivering it to the secretary or clerk of the body at its registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the body at that office;
ii
a Scottish partnership, by delivering it to any member of, or manager employed by, the partnership at the usual place of business of the partnership, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to such a person at that place.
Removal of vehicles from custody
5
1
Subject to section 67(4) and (7) of the 1994 Act and the following provisions of these Regulations, if at any time a person satisfies the authority that he is the person from whom the vehicle was seized the authority shall permit him to remove the vehicle from their custody.
2
Paragraph (1) above does not —
a
impose a duty on the authority where they reasonably believe that the person referred to is not the owner of the vehicle or authorised by the owner to remove the vehicle; or
b
prevent the authority, in those circumstances, from returning the vehicle to its owner.
Disposal and destruction of vehicles
6
1
Where the authority have been unable to serve a removal notice on the person from whom the vehicle was seized or, following the service of a removal notice, the vehicle has not been removed from their custody under these Regulations, the authority may dispose of or destroy the vehicle in accordance with the following provisions of this regulation.
2
If the authority are satisfied that the person on whom they have served or attempted to serve a removal notice is the owner of the vehicle, they may dispose of or destroy the vehicle at any time, subject to paragraph (5) below.
3
Where the authority are not so satisfied, they may, after taking steps under paragraph (4) below to find a person who may be the owner of the vehicle and any other steps for that purpose which appear to them to be practicable, in such manner as they think fit dispose of or destroy the vehicle at any time, subject to paragraph (5) below, if —
a
they fail to find such a person, allowing a reasonable time for any person or body from whom they have requested information to respond to the request; or
b
they find such a person but he fails to comply with a removal notice served on him under this paragraph but complying with, and served in accordance with, regulation 4 above; or
c
they find such a person but he is a person on whom the authority have already served or attempted to serve a removal notice under regulation 4 above.
4
The steps to be taken under this paragraph to find a person who may be the owner of the vehicle shall be such of the following as are applicable to the vehicle —
a
if the vehicle carries a G.B. registration mark —
i
the authority shall ascertain from the records maintained by the Secretary of State for Transport in connection with any functions exercisable by him by virtue of the Vehicle Excise and Registration Act 1994 the name and address of the person by whom the vehicle is kept and used; and
ii
they shall give, where practicable, the specified information to a relevant agency and shall enquire of them whether they can make any enquiries to find the owner of the vehicle;
b
if the vehicle carries a mark indicating registration in Northern Ireland, the authority shall give the specified information and a description of the place where the vehicle was seized to the Secretary of State for Transport and, where practicable, the specified information to a relevant agency and shall enquire of them whether they can make any enquiries to find the owner of the vehicle;
c
if the vehicle carries a mark indicating registration in the Republic of Ireland, the authority shall give the specified information and a description of the place where the vehicle was seized to the Secretary of State for Transport, and shall enquire of him whether he can make any enquiries to find the owner of the vehicle;
d
if the vehicle carries a registration mark other than one mentioned in sub-paragraphs (a) to (c) above, the authority shall, where practicable, give the specified information to a relevant agency and shall enquire of them whether they can make any enquiries to find the owner of the vehicle.
5
The authority may not destroy or dispose of the vehicle under this regulation —
a
during the period of 3 months starting with the date on which the vehicle was seized;
b
if the period in sub-paragraph (a) above has expired, until after the date specified by virtue of regulation 4(3)(c) above; or
c
if not otherwise covered by sub-paragraph (a) or (b) above, during the period of 7 days starting with the date on which the vehicle is claimed under regulation 5 above.
6
In this regulation “relevant agency” means such agency maintaining records of hire purchase agreements about vehicles as the authority considers appropriate.
Information to be given relating to the disposal of a vehicle
7
1
Where the authority dispose of or destroy a vehicle pursuant to these Regulations they shall, where it is possible to do so, give information relating to the disposal or destruction of the vehicle to the person from whom the vehicle was seized, to any person who appears to the authority to have been the owner of the vehicle immediately before it was disposed of, and —
a
if the vehicle carried a G.B. registration mark, to the Secretary of State for Transport;
b
if the vehicle carried a mark indicating registration in Northern Ireland, to the Secretary of State for Transport and to the Secretary of State for Northern Ireland;
c
if the vehicle carried a mark indicating registration in the Republic of Ireland, to the Secretary of State for Transport and to the Commissioners of Customs and Excise;
d
if the vehicle carried a registration mark other than one mentioned in sub-paragraphs (a) to (c) above, to the Commissioners of Customs and Excise.
2
In this regulation “information relating to the disposal or destruction of a vehicle” means —
a
any information which is sufficient to relate the information now being given to any information previously given to the same person in respect of the removal, retention, disposal or destruction of the vehicle; and
b
such of the specified information as has not been previously given to the same person in respect of the removal, retention, disposal or destruction of the vehicle.
Payment of proceeds of sale to owner of vehicle
8
1
Where the authority dispose of a vehicle in pursuance of these Regulations by means of sale, they shall pay the net proceeds of sale to any person who, before the end of the period of one year beginning with the date on which the vehicle is sold, satisfies the authority that at the time of the sale he was the owner of the vehicle.
2
If it appears to the authority that more than one person is the owner of a particular vehicle, such one of them as the authority think fit shall be treated as its owner for the purposes of paragraph (1) above.
3
In this regulation, “the net proceeds of sale” means any sum by which the proceeds of sale exceed the aggregate of such sums as may be payable under these Regulations in respect of the removal and retention of the vehicle.
Charges for removal, retention and disposal of vehicles
9
1
The prescribed sums for the purpose of section 67(3) of the 1994 Act shall, for any vehicle, be —
a
in respect of removal, £105;
b
in respect of retention, £12 for each period of 24 hours or a part thereof during which the vehicle is in the custody of the authority.
2
For the purposes of paragraph (1)(b) above, each period of 24 hours shall be reckoned from noon on the first day after removal during which the place at which the vehicle is stored is open for the claiming of vehicles before noon.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
10th March 1995


text:
1
These Regulations may be cited as the Public Service Vehicles (Operators' Licences) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.
2
For regulation 5 of the Public Service Vehicles (Operators' Licences) Regulations 1986 there shall be substituted the following regulation —
5
1
The prescribed time within which an objection under section 14A must be made is the period of 21 days beginning with the day after the date when the notice of the application is published in Notices and Proceedings.
2
The prescribed manner for making an objection for the purposes of section 14A is by serving on the traffic commissioner a document —
a
setting out the objection, and
b
signed by or on behalf of the person making the objection.
3
Service of a document on the traffic commissioner shall, for the purposes of this regulation, be effected by —
a
delivering it to him,
b
sending it to him by post, or
c
by transmitting it to him by FAX ,
at the Traffic Area Office.
4
A copy of every objection shall be sent by the objector to the applicant on the day or the next working day after it is made.
5
In this regulation —
“FAX” means the making of a facsimile copy of a document by the transmission of electronic signals; and
“Traffic Area Office” means the office for the time being appointed by the traffic commissioner as the Traffic Area Office for the purposes of these Regulations.
.
3
Regulation 2 of these Regulations shall not apply in relation to an application made before the 1st April 1995 for the grant of a PSV operator’s licence under the Public Passenger Vehicles Act 1981.
Signed by authority of the Secretary of State.
Steven Norris
Parliamentary Under Secretary of State
Department of Transport
9th March 1995


text:
Citation and commencement
1
This Order may be cited as the Local Government Reorganisation (Capital Money) (Greater London) (Amendment) Order 1995, and shall come into force on 23rd August 1995.
Distribution of capital money
2
The Local Government Reorganisation (Capital Money) (Greater London) Order 1991 shall be amended —
a
in article 4, by the substitution of the following for paragraphs (2), (2A) and (3) —
2
During the financial year beginning on 1 April 1995, the Residuary Body shall pay to each billing authority the appropriate proportion of —
a
so much of any capital money of the description specified in article 3(1)(b) above as was received by the Residuary Body between 30th November 1993 and 1st May 1995; and
b
such capital money of the description specified in article 3(1)(c) as is held by the Residuary Body on the day the payments are made.
3
In this article “the appropriate proportion” means —
a
for the purposes of paragraphs (1) and (2)(a) above, the percentage specified in column (2) of the Schedule to this Order opposite the authority specified in column (1);
b
for the purposes of paragraph (2)(b) above, the proportion which would apply to the billing authority in question if the payments made by virtue of that sub-paragraph were a distribution by the Residuary Body under section 77(4) of the 1985 Act.;
b
by the substitution for the Schedule of the following Schedule —
SCHEDULE
(1) (2) Billing authority (London borough council unless otherwise stated) %
Barking 2.099 Barnet 4.394 Bexley 3.171 Brent 3.572 Bromley 4.210 Camden 2.617 Croydon 4.663 Ealing 4.119 Enfield 3.776 Greenwich 3.099 Hackney 2.753 Hammersmith and Fulham 2.243 Haringey 3.056 Harrow 2.980 Havering 3.349 Hillingdon 3.456 Hounslow 2.979 Islington 2.531 Kensington and Chelsea 2.147 Kingston-upon-Thames 1.991 Lambeth 3.738 Lewisham 3.467 Merton 2.526 Newham 3.264 Redbridge 3.357 Richmond-upon-Thames 2.403 Southwark 3.309 Sutton 2.500 The Common Council of the City of London 0.057 Tower Hamlets 2.446 Waltham Forest 3.170 Wandsworth 3.832 Westminster City Council 2.726.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
25th July 1995


text:
Title, commencement and interpretation
1
These Regulations may be cited as the Fruit Juices and Fruit Nectars (England, Wales and Scotland) (Amendment) Regulations 1995 and shall come into force on 1st March 1995.
2
In these Regulations “the principal Regulations ” means the Fruit Juices and Fruit Nectars Regulations 1977 and the Fruit Juices and Fruit Nectars (Scotland) Regulations 1977 .
Amendment
3
In the definition of “fruit nectar” in regulation 2(1) of the principal Regulations there shall be inserted after sub-paragraph (d), the following sub-paragraph —
e
where the naturally high sugar content of apricots, any fruit specified at item 2 or 3 of column 1 of Schedule 1 or any admixture thereof so warrants, they may be used to manufacture the product without the addition of sugar or honey;
.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
25th January 1995
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under-Secretary of State,
Department of Health
26th January 1995
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under-Secretary of State, Welsh Office
30th January 1995
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
26th January 1995


text:
1
1
These Regulations may be cited as the Landlord and Tenant (Covenants) Act 1995 (Notices) Regulations 1995 and shall come into force on 1st January 1996.
2
In these Regulations, “ the Act ” means the Landlord and Tenant (Covenants) Act 1995, and a form referred to by number means the form so numbered in the Schedule to these Regulations.
2
The forms prescribed for the purposes of the Act shall be as follows, or in each case a form substantially to the like effect:
PURPOSE OF NOTICE FORM TO BE USED
a
i
Landlord informing a former tenant or guarantor of such a tenant of an amount payable in respect of a fixed charge under a covenant of the tenancy which the landlord intends to recover from that person under section 17 of the Act
Form 1
ii
Landlord informing a former tenant or guarantor of such a tenant of a revised, greater amount payable in respect of a fixed charge under a covenant of the tenancy which the landlord intends to recover from that person under section 17 of the Act
Form 2
b
i
Landlord applying to be released from all the landlord covenants of the tenancy on assignment of his entire interest under sections 6 and 8 of the Act
Whole of Form 3 (landlord to complete Part I only)
ii
Tenant objecting to the landlord’s release under section 8 of the Act
Part II of Form 3
iii
Tenant consenting to the landlord’s release and withdrawing a notice objecting to such release under section 8 of the Act
Notice in writing stating that tenant is now consenting and that the notice of objection is withdrawn
c
i
Landlord applying to be released from the landlord covenants of the tenancy to the appropriate extent on assignment of part only of his interest under sections 6 and 8 of the Act
Whole of Form 4 (landlord to complete Part I only)
ii
Tenant objecting to the landlord’s release under section 8 of the Act
Part II of Form 4
iii
Tenant consenting to the landlord’s release and withdrawing a notice objecting to such release under section 8 of the Act
Notice in writing stating that tenant is now consenting and that the notice of objection is withdrawn
d
i
Former landlord applying to be released from all the landlord covenants of the tenancy on a subsequent assignment of the landlord’s interest under sections 7 and 8 of the Act
Whole of Form 5 (landlord to complete Part I only)
ii
Tenant objecting to the former landlord’s release under section 8 of the act
Part II of Form 5
iii
Tenant consenting to the former landlord’s release and withdrawing a notice objecting to such release under section 8 of the Act
Notice in writing stating that tenant is now consenting and that the notice of objection is withdrawn
e
i
Former landlord who assigned part only of his interest applying to be released from the landlord covenants of the tenancy to the appropriate extent on a subsequent assignment of the landlord’s interest under sections 7 and 8 of the Act
Whole of Form 6 (landlord to complete Part I only)
ii
Tenant objecting to the former landlord’s release under section 8 of the Act
Part II of Form 6
iii
Tenant consenting to the former landlord’s release and withdrawing a notice objecting to such release under section 8 of the Act
Notice in writing stating that tenant is now consenting and that the notice of objection is withdrawn
f
i
Tenant and tenant’s assignee jointly applying for an apportionment of liability under the covenants of the tenancy to become binding on the appropriate person under sections 9 and 10 of the Act
Whole of Form 7 (tenant and assignee to complete Part I only)
ii
Appropriate person objecting to the apportionment becoming binding on that person under section 10 of the Act
Part II of Form 7
iii
Appropriate person consenting to the apportionment becoming binding on that person and withdrawing a notice objecting to the apportionment becoming so binding under section 10 of the Act
Notice in writing stating that appropriate person is now consenting and that the notice of objection is withdrawn
g
i
Landlord and landlord’s assignee jointly applying for an apportionment of liability under the covenants of the tenancy to become binding on the appropriate person under sections 9 and 10 of the Act
Whole of Form 8 (landlord and assignee to complete Part I only)
ii
Appropriate person objecting to the apportionment becoming binding on that person under section 10 of the Act
Part II of Form 8
iii
Appropriate person consenting to the apportionment becoming binding on that person and withdrawing a notice objecting to the apportionment becoming so binding under section 10 of the Act
Notice in writing stating that appropriate person is now consenting and that the notice of objection is withdrawn
Mackay of Clashfern, C.
Dated 9th November 1995


text:
1
This Order may be cited as the A43 Trunk Road (Whitfield Turn to Brackley Hatch Dualling) (Detrunking) Order 1995 and shall come into force on 24th August 1995.
2
In this Order —
i
“classified road” as a classification for a highway,, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the new trunk roads” means the new highways which the Secretary of State proposes to construct referred to in article 2 of the A43 Trunk Road (Whitfield Turn to Brackley Hatch Dualling and Slip Roads) Order 1995; and
iii
“the trunk road” means the A43 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies the Northamptonshire County Council that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
K. I. McKenzie
Director, Highways Agency, East Midlands
1st August 1995


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Third Country Fishing (Enforcement) (Amendment) Order 1995 and shall come into force on 6th October 1995.
2
In this Order “the principal Order”means the Third Country Fishing (Enforcement) Order 1995.
Amendment of the principal Order
2
The principal Order shall be amended in accordance with articles 3 to 5 of this Order and any reference in those provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified of the principal Order.
3
In article 1(2) the words “as read with any qualifying words relating to that provision in that column”shall be omitted.
4
In article 6 —
a
before “Any British sea-fishery officer”there shall be inserted “ — (1)”;
b
for the words “provision, being article 2(1) or (2), or 3(1), or (4) of a Council Regulation referred to in column 1 of the Schedule hereto”there shall be substituted the words “provision to which paragraph (2) below applies”;
c
at the end of the article there shall be inserted the following paragraph —
2
This paragraph applies to articles 2(1) and (2), 3(1) and 4 of the Council Regulation referred to in paragraph 1 of the Schedule to this Order and articles 2(1) and (2) and 3(1) of the first Council Regulation referred to in paragraph 2 of the Schedule to this Order.
.
5
In the Schedule —
a
in paragraph 1, for the words “Council Regulation ( EEC ) No. 3376/94 laying down for the period until 31st March 1995 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway” there shall be substituted the words “Council Regulation ( EC ) No. 747/95 laying down for 1995 certain measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway”;
b
in paragraph 2, after the words “the Faroe Islands”there shall be inserted the words “as amended by Council Regulation (EC) No. 750/95 ”.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
19th July 1995
Raymond Robertson
Parliamentary Under Secretary of State, Scottish Office
20th July 1995
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
31st July 1995
Patrick Mayhew
Secretary of State for Northern Ireland
11th September 1995


text:
1
This Order shall come into force on 1st December 1995 and may be cited as the Reciprocal Enforcement of Foreign Judgment (Canada) (Amendment) Order 1995.
2
The text of the Convention as set out in the Schedule to the Reciprocal Enforcement of Foreign Judgments (Canada) Order 1987 shall be amended as follows:
a
after Article I(i) there shall be added the following “(j) “the 1988 Convention” means the Convention of 16th September 1988 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, signed at Lugano.”;
b
in Article II , paragraph 1, after the words “1968 Convention” there shall be added the words “or to the 1988 Convention.”;
c
the following shall be substituted for paragraph 1 of Article IX :
1
The United Kingdom undertakes, in the circumstances permitted by Article 59 of the 1968 Convention and by Article 59 of the 1988 Convention, not to recognise or enforce under either of those Conventions any judgment given in a third state against a person domiciled or habitually resident in Canada.
.
3
It is hereby declared that Article IX of the Convention set out in the Schedule to the 1987 Order, the text of which is amended by Article 2 of this Order, is a provision of a convention whereby the United Kingdom assumed an obligation of the kind provided for in Article 59 of the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters, opened for signature at Lugano on 16th September 1988.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Camden and Islington Community Health Services National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 17th May 1995.
2
In this Order —
“the Authority” means the Camden and Islington Health Authority;
“the Trust” means the Camden and Islington Community Health Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust pro-perty prepared by and agreed upon by the Authority and the Trust on2nd September 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 17th May 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
19th April 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the War Pensions Committees (Amendment) Regulations 1995 and shall come into force on 1st January 1996.
2
In these Regulations “the Principal Regulations ” means the War Pensions Committees Regulations 1990 .
Amendment of regulation 1 of the Principal Regulations
2
In paragraph (2) of regulation 1 of the Principal Regulations (citation, commencement and interpretation) —
a
for the definition of “area” there shall be substituted the following definition —
“area” in relation to each Committee means the places specified in column 2 of Schedule 1 opposite the name of the Committee;
;
b
after the definition of “Committee” there shall be inserted the following definition —
“local authority” means, in relation to a War Pensions Committee —
in England, the council of a county, district or London borough, the Council of the Isles of Scilly, the Common Council of the City of London, or a shadow authority, within the meaning of the Local Government Changes for England Regulations 1994 but excludes a council listed in Schedule 1A (excepted authorities);
in Scotland —
in the period prior to 1st April 1996, a council in respect of which an ordinary election of councillors took place on 6th April 1995 or an islands council;
in any period from and including 1st April 1996 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
in Wales, a new principal council within the meaning of section 21 of the Local Government Act 1972 as substituted by section 2 of the Local Government (Wales) Act 1994 ;
.
Substitution of regulation 2 of the Principal Regulations
3
For regulation 2 of the Principal Regulations (establishment of War Pensions Committees) there shall be substituted the following regulation —
Establishment of War Pensions Committees
2
1
Each of the areas specified in column 2 of Schedule 1 to these Regulations shall have a War Pensions Committee named in accordance with the corresponding entry in column 1 of that Schedule.
2
In the case of each of the War Pensions Committees established for North and West Wales and for South Wales there appears below its name in English in column 1 of Schedule 1 its name in Welsh and either its Welsh or English name may be used for any purpose.
.
Amendment of regulation 3 of the Principal Regulations
4
For sub-paragraph (d) of paragraph (3) of regulation 3 of the Principal Regulations (membership of Committee (except Northern Ireland War Pensions Committee)) there shall be substituted —
d
four members each of whom has been nominated by a local authority exercising functions in any part of the area for which the Committee is appointed.
.
Substitution of new Schedule 1 and insertion of Schedule 1A in the Principal Regulations
5
1
For Schedule 1 to the Principal Regulations there shall be substituted the Schedule set out at Schedule 1 to these Regulations.
2
After Schedule 1 to the Principal Regulations (as substituted by paragraph (1) of this regulation) there shall be inserted as Schedule 1A the Schedule set out at Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Social Security.
MacKay of Ardbrecknish
Minister of State,
Department of Social Security
4th December 1995


text:
1
This Order may be cited as the Passenger Transport Executives (Capital Finance) (Amendment) Order 1995 and shall come into force on 30th June 1995.
2
The Passenger Transport Executives (Capital Finance) Order 1990 shall be amended as follows —
a
In paragraph (2) of article 1 —
i
after the definition of “current assets”, there shall be inserted the following —
“Deed of Assumption” means a deed made by way of deed poll pursuant to which the maker of the deed undertakes certain payment obligations in relation to capital grant provided by an Executive;
, and
ii
after the definition of “relevant date”, there shall be inserted the following —
“relevant sum” means a sum paid by Railtrack plc to an Executive in pursuance of a Deed of Assumption made by the British Railways Board on 30th March 1994 the liabilities under which were transferred to Railtrack plc by scheme made by the Board on 30th March 1994 pursuant to section 85(1) of the Railways Act 1993 ;
“special sum” means a sum paid by the British Railways Board to an Executive in pursuance of a Deed of Assumption made by the Board on or before 31st May 1995 or a sum paid by Railtrack plc to an Executive in pursuance of any Deed of Assumption made by Railtrack plc on or before 31st July 1995;
;
b
In paragraph (1)(a) of article 2, after the word “sum” there shall be inserted the words “, other than a special sum,”;
c
In paragraph (2)(b) of article 5, after the words “Executive except” there shall be inserted the words “a relevant sum, a special sum and”.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
6th June 1995


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall become an unclassi fi ed road as from the date this Order comes into force.
2
In this Order: —
All measurements of distance are measured along the route of the relevant highway:
i
“the deposited plan” means the plan numbered HA10/2 WO112 marked |doquote The Chester ndash Bangor Trunk Road (A55) (Aber Improvement) Detrunking Order 1995|dcquote| signed by authority of the Secretary of State for Wales and deposited at the Welsh Of fi ce Repository, Curran Embankment, Cardiff.
ii
“the trunk road” means the Chester ndash Bangor Trunk Road (A55).
3
This Order shall come into force on 23rd February 1995 and may be cited as The Chester ndash Bangor Trunk Road (A55) (Aber Improvement) Detrunking Order 1995.
Signed by authority of the Secretary of State for Wales.
P. R. Marsden
A Grade 6 Officer in the Welsh Office
Dated the 24th January 1995