text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Stock Lending) (Amendment No. 2) Regulations 1995 and shall come into force on 2nd January 1996.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Stock Lending) Regulations 1989 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2 (1) —
a
before the definition of “Board” there shall be inserted the following definitions —
“approved agent” means a person who, at the time when the arrangement mentioned in subsection (1) is made, is approved as an agent by the Board for the purposes of these Regulations;
“approved lender” means a person who, at the time when the arrangement mentioned in subsection (1) is made, is approved as a lender by the Board for the purposes of these Regulations;
“approved nominee” means a person who, at the time when the arrangement mentioned in subsection (1) is made, is approved as a nominee by the Board for the purposes of these Regulations;
“approved stock borrowing and lending intermediary” means a person who, at the time when the arrangement mentioned in subsection (1) is made —
is —
a member of the Stock Exchange, and
a stock borrowing and lending intermediary within the rules of the Stock Exchange acting in that capacity in connection with the arrangement; and
is approved as a stock borrowing and lending intermediary by the Board for the purposes of these Regulations;
;
b
after the definition of “Board of directors” there shall be inserted the following definition —
“first borrower” in relation to a chain of arrangements means the person referred to as A in the principal section;
;
c
for the definition of “gilt-edged securities” there shall be substituted the following definitions —
“gilt-edged securities” has the meaning given by section 51A (7) of the Taxes Act 1988 ;
“last lender” in relation to a chain of arrangements means the lender at the end of a chain of arrangements that commences with the arrangement between the persons referred to as A and B in the principal section;
;
d
in the definition of “section 271 (9)” for the words “Taxation of Chargeable Gains Act 1992” there shall be substituted the words “ 1992 Act ”;
e
after the definition of “the Taxes Act 1988” there shall be inserted the following definition —
“the 1992 Act” means the Taxation of Chargeable Gains Act 1992 ;
.
4
After regulation 3A there shall be inserted the following regulations —
Arrangement for transfer of gilt-edged securities
3B
Where the person referred to as A in the principal section —
a
enters into an arrangement mentioned in subsection (1) under which the securities to be transferred are gilt-edged securities, but
b
did not enter into the arrangement for the purpose of enabling him to fulfil a contract under which he was required to sell securities,
the principal section shall not be prevented from applying by virtue of subsection (2B) of that section on the grounds that A did not enter into the arrangement for the purpose specified in paragraph (b) above.
Replacement loans
3C
1
Where the person referred to as A in the principal section —
a
enters into an arrangement mentioned in subsection (1) wholly or partly for the purpose of enabling securities of the same kind as those transferred under a previous stock lending arrangement to which the principal section applies to be returned, and
b
the arrangement falls with paragraph (2) below,
the principal section shall not be prevented from applying by virtue of subsection (2B) of that section on the grounds that A did not enter into the arrangement for the purpose, or wholly for the purpose, of enabling him to fulfil a contract under which he was required to sell securities.
2
An arrangement falls within this paragraph if —
a
the securities to be transferred under the arrangement are of the same kind as the securities transferred under the previous arrangement, and
b
where the arrangement was not entered into wholly for the purpose mentioned in paragraph (1) (a) above, the sole other purpose was to enable A to fulfil a contract under which he was required to sell securities.
.
5
In regulation 4 —
a
in paragraph (1), sub-paragraph (a) and the word “or” immediately following it shall be omitted;
b
in paragraph (2), after the words “subsection (2A)” there shall be inserted the words “, other than an arrangement for the transfer of gilt-edged securities,”.
6
Regulation 5 shall be omitted.
7
In regulation 6 —
a
in paragraph (1) for sub-paragraphs (a) and (b) there shall be substituted —
a
that, subject to sub-paragraph (2) below, the person referred to as A in the principal section is an approved borrower or is both an approved borrower and an approved stock borrowing and lending intermediary;
b
that the person referred to as B in the principal section —
i
is an approved stock borrowing and lending intermediary, or
ii
where A is both an approved borrower and an approved stock borrowing and lending intermediary, is an approved lender, and any person acting for B in connection with the arrangement as an agent or nominee is an approved agent or, as the case may be, an approved nominee;
;
b
in paragraph (3) for sub-paragraph (a) there shall be substituted —
a
that B is an approved stock borrowing and lending intermediary, and accordingly the case is not one to which paragraph (1) (b) (ii) above applies;
;
c
in paragraph (4) the definitions of “approved agent” and “approved nominee” , and the definitions of “approved lender” and “approved moneybroker”, shall be omitted.
8
In regulation 6A —
a
in paragraph (1) for sub-paragraphs (a) and (b) there shall be substituted —
a
the person referred to as A in the principal section is an approved borrower, or is both an approved borrower and an approved stock borrowing and lending intermediary;
b
the person referred to as B in the principal section —
i
is an approved stock borrowing and lending intermediary, or
ii
where A is both an approved borrower and an approved stock borrowing and lending intermediary, is an approved lender, and any person acting for B in connection with the arrangement as an agent or nominee is an approved agent or, as the case may be, an approved nominee;
;
b
in paragraph (2) for sub-paragraph (a) there shall be substituted —
a
that B is an approved stock borrowing and lending intermediary, and accordingly the case is not one to which paragraph (1) (b) (ii) above applies;
.
9
In regulation 6B the definitions of “approved agent” and “approved nominee” , and the definitions of “approved lender” and “approved moneybroker”, shall be omitted.
10
In regulation 7 (3) —
a
the definitions of “approved agent” and “approved nominee” , and the definition of “approved lender” shall be omitted;
b
for the definition of “approved intermediary” there shall be substituted —
“approved intermediary” means a person, who at the time when the arrangement is made, is approved as an intermediary by the Board for the purposes of this regulation;
.
11
In regulation 8 —
a
in paragraph (1) (d) for the word “initial” in both places where it occurs there shall be substituted the word “last”;
b
in paragraph (2) —
i
for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
“approved borrower” and “approved intermediary” have the same meanings as in regulation 7;
;
ii
sub-paragraph (b) shall be omitted.
12
After regulation 8 there shall be added the following regulation —
Redemption of securities
9
1
The cases specified for the purposes of subsection (4B) of the principal section, in relation to which the principal section shall have effect as mentioned in that subsection, are cases where a person (“the borrower”) enters into an arrangement under which —
a
another person (“the lender”) is to transfer securities to the borrower or his nominee;
b
the arrangement is to terminate on redemption of the securities; and
c
on redemption of the securities the borrower is to pay to the lender an amount equivalent to the proceeds of redemption.
2
Subsection (3) shall not apply to a payment referred to in paragraph (1) (c) above unless the conditions specified in paragraph (4) below are fulfilled.
3
Section 271 (9) shall not apply to any disposal and acquisition made in pursuance of an arrangement mentioned in paragraph (1) above unless the conditions specified in paragraph (4) below are fulfilled.
4
The conditions specified are that —
a
the arrangement is part of a chain of arrangements;
b
the lender is not the last lender in the chain; and
c
The borrower is not the first borrower in the chain.
5
Where any of the conditions specified in paragraph (4) above are not fulfilled, the operation of the 1992 Act in relation to disposals and acquisitions made pursuant to the arrangement shall be modified in accordance with paragraph (6), (7) or (8) below (as the case may be).
6
Where the arrangement is not part of a chain of arrangements —
a
the lender shall be regarded as having disposed of the securities transferred by him to the borrower pursuant to the arrangement —
i
on the occasion of the redemption of the securities and not at the time of that transfer, and
ii
for an amount equivalent to the proceeds of redemption;
b
the borrower shall be regarded as having acquired the securities transferred to him by the lender pursuant to the arrangement on the occasion and for the amount specified in sub-paragraph (a) above.
7
Where the lender is the last lender in the chain, he shall be regarded as having disposed of the securities transferred by him to the borrower on the occasion and for the amount specified in paragraph (6) (a) above.
8
Where the borrower is the first borrower in the chain, he shall be regarded as having acquired the securities transferred to him by the lender pursuant to the arrangement on the occasion and for the amount specified in paragraph (6) (a) above.
.
Derek Conway
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
6th December 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Worcester Royal Infirmary National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 6th October 1995.
2
In this Order —
“the Authority” means the North Worcestershire Health Authority;
“the Trust” means the Worcester Royal Infirmary National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 2nd February 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th October 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
4th September 1995


text:
Commencement and citations
1
This Order may be cited as the A41 Trunk Road (Westminster) Red Route (Bus Lane) Experimental Traffic Order 1995 and shall come into force on 18th December 1995.
Interpretation
2
In this Order —
a
a reference to an article followed by a number is a reference to the article of this order so numbered;
b
cause includes permit;
c
“carriageway” has the same meaning as in section 329 (1) of the Highways Act 1980 ; and
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meaning 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.
Bus Lane Controls
3
1
Except as provided in paragraph (2) of this article or in article 4, and subject to the provisions of article 4, no person shall cause any vehicle to enter or proceed in any bus lane specified in the schedule to this Order at any time.
2
The controls specified in paragraph (1) of this article do not apply in respect of:-
a
a bus;
b
a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 ; or
c
a pedal cycle.
3
In this article —
a
“bus” means: —
before 1st January 1997:
a public service vehicle used for the provision of a local service or a scheduled express service,
a school bus, and
a works bus;
after 31st December 1996:
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
a local bus not so constructed or adapted; and
a vehicle which is constructed or adapted for the carriage of disabled persons and their companions, and which is being used to provide a service for the carriage of such persons, and displays so as to be conspicuous from outside the vehicle a disc in a form approved by or with the authority of the Traffic Director for London and containing the words DIAL-A-RIDE;
b
“bus lane” means an area of the carriageway of a road marked with the traffic signs shown in diagrams 1048 and 1049 in schedule 6 to the Traffic Signs Regulations and General Directions 1994 and
c
“local bus”, “local service”, “pedal cycle”, “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 .
Exemptions
4
The controls specified in article 3(1) do not apply to: —
a
a vehicle being used for ambulance, fire brigade or police purposes;
b
a vehicle being used in the service of a local authority for the purpose of collecting refuse from premises adjacent to a bus lane;
c
a disabled person’s vehicle displaying in the relevant position a disabled person’s badge for the purpose of allowing a disabled person to board or alight from the vehicle at or near to the entrance of Chiltern Court;
d
a vehicle being used in connection with the removal of any obstructions to traffic;
e
a vehicle entering a bus lane to get or give help in consequence of an accident or an emergency or otherwise taking action for public safety;
f
a vehicle entering a bus lane so as to avoid an accident;
g
a vehicle entering a bus lane to get or give help in consequence of an accident or an emergency or otherwise taking action for public safety;
h
a vehicle which bears the Royal Mail livery for so long as may be required for the purpose of collection or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters;
i
a vehicle entering and forthwith leaving a bus lane in order to gain access to or egress from any road adjacent to that bus lane or any vehicular accessway to premises adjacent to the bus lane or crossing over the footway adjacent to the bus lane; or
j
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interest of the expeditious, convenient and safe movement of traffic, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
1st December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Railtrack (Swinedyke Level Crossing) Order 1995 and shall come into force on 27th December 1995.
2
In this Order —
“the Company” means Railtrack PLC ;
“the level crossing” means Swinedyke level crossing (Ordnance Survey reference point SK 8974:9574) in the parish of Northorpe, district of West Lindsey, Lincolnshire, whereby Southorpe Lane connecting the former Moat Houses to the B1205 Blyton to Waddingham road is crossed by the railway between Gainsborough Central and Kirton Lindsey stations;
“the relevant day” means the day this Order comes into force; and
“the specified enactments” means the Highway (Railway Crossings) Act 1839 , section 9 of the Railway Regulation Act 1842 , section 47 of the Railways Clauses Consolidation Act 1845 , section 68 of the Manchester, Sheffield and Lincolnshire Railway Act 1849 , and any other provision to the same or similar effect incorporated with, or contained in, any enactment or instrument having effect by virtue of an enactment.
Reduction in status of Swinedyke level crossing
2
1
All rights of way over the level crossing, other than a right for all persons to use that crossing on foot, are hereby extinguished, and the Company shall provide and maintain pedestrian gates on both sides of the railway at that crossing.
2
The specified enactments shall cease to apply to the level crossing.
3
a
The level crossing (including its gates, other than any gates provided under paragraph (1) above) shall be deemed to be works provided by the Company on the relevant day under section 68 of the Railways Clauses Consolidation Act 1845 for the accommodation of the owners and occupiers of land adjoining the railway and to the intent that as from the relevant day section 75 of that Act (which makes it an offence to omit to shut and fasten a gate or lower a lifting barrier across an accommodation crossing) shall apply to the level crossing.
b
For the purposes of this paragraph, the owners and occupiers referred to in sub-paragraph (a) above shall be deemed to include the owners and occupiers of any land the use of which would be interrupted if the level crossing were closed on the relevant day.
4
If any part of Southorpe Lane lying south of the level crossing at any time ceases, in consequence of this article, to be a road over which the public has a right of way for all traffic, the owners and occupiers of the land abutting on such part shall have such rights of passage over it as shall be necessary to enable them to pass and repass to and from that land from and to the level crossing as if there had been no such cessation.
5
Nothing in this Order shall affect the application to the level crossing of the British Railways Board (Manchester, Sheffield and Lincolnshire Railway) (Swinedyke ( No. 58) Level Crossing) Order 1966 made under section 66 of the British Transport Commission Act 1957 , or the power of the Secretary of State to amend or revoke that Order under section 66(7) of that Act.
Signed by authority of the Secretary of State for Transport
R. A. Allan
An Under Secretary,
Department of Transport
6th December 1995


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


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Direct Service Organisations) (Competition) (Amendment) Regulations 1995 and shall come into force on 14th June 1995.
Amendment of 1993 Regulations
2
The Local Government (Direct Service Organisations) (Competition) Regulations 1993 are amended as provided as follows.
Interpretation
3
In regulation 1(2) —
a
for the definition of “allowable cost” there is substituted —
`allowable cost' means an amount (being an amount which a local authority decide to take into account in deciding who should undertake or carry out work) which is described as an allowable cost in regulation 9 or 10;
b
in the definition of “local authority”, the words “local authority or” are inserted before the words “development body”;
c
after the definition of “the present value of savings” there is inserted —
`the 1981 Regulations' means the Transfer of Undertakings (Protection of Employment) Regulations 1981 ;;
d
in the definition of “the 1979 Regulations”, for the words “the Local Government (Compensation for Redundancy and Premature Retirement) (Scotland) Amendment Regulations 1984” there are substituted the words “the Local Government (Compensation for Redundancy and Premature Retirement) (Scotland) Regulations 1984”; and
e
for the definition of “prospective cost” there is substituted —
`prospective cost' means an amount (being an amount which a local authority decide to take into account in the evaluation of tenders) which is described as a prospective cost in regulations 12 to 14A.
Periods for response to notice, etc.
4
1
In regulation 2(1), for the words “nor Council Directive 92/50/ EEC ” there shall be substituted “nor the Public Services Contracts Regulations 1993 ”.
2
In regulation 2(3) for the words from the beginning to “for the work” there is substituted “The invitation to tender referred to in section 7(4) of the 1988 Act”.
Period elapsing before commencement of work
5
In regulation 3, for the words “In a case where” there is substituted “In a case falling within a defined activity mentioned in paragraphs (a) to (i) of section 2(2) of the 1988 Act, where”.
Preparation of bids
6
1
In regulation 4(3)(a) there are added —
a
after the words “by any individual apart from”, the words “an elected member or”;
b
at the end of paragraph (iii), the words “(other than advice within the description of work for which tenders are to be invited)”; and
c
at the end, the following —
iv
in the case of a police authority, or, in Scotland (subject to paragraph (4) below), a police authority within the meaning of section 50(b) of the Police (Scotland) Act 1967 , any officer having the rank or status of assistant chief constable or (as the case may be) assistant commissioner, or any rank or status senior to that rank..
2
After regulation 4(3) there is added —
4
In the application of paragraph (3)(a) above to a joint police board exercising the functions conferred under the Police (Scotland) Act 1967 on police authorities in terms of that Act, for paragraph (3)(a)(i) (ii) and (iii) there is substituted —
i
any persons who are employed by the joint police board to provide legal, financial or other professional advice in relation to the business of that joint police board;
ii
any constable having the rank of chief constable or assistant chief constable;.
Evaluation of bids and tenders
7
1
In regulation 5 —
a
there is substituted for paragraph (b) —
b
announcing who is to undertake or carry out the work later than the applicable limit
; and
b
there is added at the end —
2
In this regulation “the applicable limit” means, in relation to the defined activity falling within section 2(2)(h) (housing management) of the 1988 Act , 120 days after the expiry of the period within which contractors are allowed to respond to the invitation to tender for the work; and, in relation to any other defined activity, 90 days after the expiry of that period..
2
In regulation 6 the words “of providing” are substituted for the words “or providing”.
Redundancy costs
8
1
In regulation 12(2) there is added at the end —
“relevant compensation” means —
a
compensation pursuant to the 1982 Regulations, the 1979 Regulations or the Local Government (Compensation for Redundancy) Regulations 1994 or the Local Government (Compensation for Redundancy) (Scotland) Regulations 1994 ; and
b
compensation under section 31 of the London County Council (General Powers) Act 1921 .
2
In regulation 12(3) there is substituted for sub-paragraph (b) —
b
provided that the local authority is a qualifying local authority, an amount equal to the value of —
L + ( 15 × A )
where —
L is the relevant compensation which would be payable to the eligible staff, during the year immediately following the date on which they cease to be employed by the local authority, by way of a lump sum, and
A is the relevant compensation which would be so payable to those staff by way of an annual sum..
Prospective costs
9
1
After regulation 14 there is added —
Indemnities
14A
1
For the purposes of this regulation “relevant staff” means the persons who would be dismissed as redundant if the local authority accepted one of the contractors' tenders for the work.
2
In a case where this regulation applies, any reasonable amount required from a local authority by a contractor by way of an indemnity against any costs which may be incurred by him by reason of the application of the 1981 Regulations to the contracts of employment of relevant staff shall be a prospective cost.
3
This regulation applies where any evaluation made for the purpose of deciding who should undertake or carry out the work takes place on the basis that the 1981 Regulations will not apply to such contracts.
2
In regulation 5(a)(i) there is added, after the words “prospective cost”, the words “(other than an amount which is a prospective cost by reason of regulation 14A)”.
Calculation of the present value of savings
10
In paragraph 3(4) of the Schedule the words “Table 2 of” are omitted.
Signed by authority of the Secretary of State for the Environment
Robert Jones
Parliamentary Under Secretary of State,
Department of the Environment
15th May 1995
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
16th May 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
18th May 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Kent Community Healthcare National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 10th August 1995.
2
In this Order —
“the Authority” means the East Kent Health Authority;
“the Trust” means the South Kent Community Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 13th March 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 10th August 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
11th July 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Subsidy) Amendment Regulations 1995 and shall come into force on 20th April 1995.
2
In these Regulations —
“the Subsidy Regulations ” means the Housing Benefit and Council Tax Benefit (Subsidy) Regulations 1994 .
Amendment of regulation 1(2) of the Subsidy Regulations
2
In regulation 1(2) of the Subsidy Regulations there shall be inserted, after the definition of “Subsidy Order”, —
“the Subsidy Order 1995” means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1995 ;
.
Amendment of the Schedule to the Subsidy Regulations
3
1
The Schedule to the Subsidy Regulations (prescribed particulars relating to claims for housing benefit and council tax benefit subsidy for the relevant year) shall be amended in accordance with the following provisions of this regulation.
2
Paragraph 7 shall be omitted.
3
For paragraph 13 there shall be substituted —
13
1
The total rent allowance expenditure in the relevant year, which is attributable to each of the following categories —
a
weekly eligible rents which do not exceed any determination made under the Orders to which paragraph 12 above refers;
b
the difference between the property-specific rent for the accommodation and the size-related rent in cases where a rent officer has determined that accommodation is unreasonably large but has not determined a high rent under paragraph 2A (high rent determinations) of Schedule 1 to those Orders and is paid for a period of up to 13 calendar weeks;
c
that part of the weekly eligible rents which exceeded the relevant rent, in respect of a case to which paragraph 5 of Schedule 6 to the Subsidy Order 1995 (no restriction on unreasonable rents or on rent increases) applies other than expenditure to which sub-paragraph (b) of this paragraph refers;
d
any expenditure to which paragraph 6 of Schedule 6 to the Subsidy Order 1995 (deductions in respect of allowances) applies;
e
the eligible rents in respect of deregulated housing association tenancies not referred to a rent officer;
f
cases subject to referral to a rent officer for a determination, but where no such referral was made.
2
In this paragraph “property-specific rent”, “size-related rent” and “relevant rent” have the meanings assigned to them by paragraph 10 of Schedule 6 to the Subsidy Order 1995..
4
In paragraph 16 for “regulation 60 of the 1992 Regulations” there shall be substituted the phrase “regulation 51(5), 54(4) or regulation 60 of the 1992 Regulations ”.
5
For paragraph 20 there shall be substituted —
20
1
In respect of dwellings of an authority in Scotland or the Development Board for Rural Wales, the average rent payable in respect of Category 1 dwellings and Category 2 dwellings respectively on the specified date and the final date.
2
In this paragraph “Category 1 dwellings”, “Category 2 dwellings”, “specified date” and “final date” have the meanings assigned to them by article 6(7) of the Subsidy Order 1995.
.
6
For paragraph 21 there shall be substituted —
21
1
The total amount obtained in the relevant year of each of the following categories —
a
housing benefit savings;
b
council tax benefit savings;
c
housing benefit related savings;
d
council tax benefit related savings.
2
In this paragraph “council tax benefit savings”, “council tax benefit related savings”, “housing benefit savings”, and “housing benefit related savings” have the meanings assigned to them by paragraph 1(2) of Schedule 8 to the Subsidy Order 1995.
.
Savings and transitional
4
The Subsidy Regulations, as previously in force, shall continue to apply to any claims for subsidy, particulars to be supplied therewith and conditions and questions relating to payment of subsidy under the Act for any relevant year before 1st April 1994, as if these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
James Arbuthnot
Parliamentary Under-Secretary of State,
Department of Social Security
24th March 1995


text:
Title, commencement and interpretation
1
1
This Scheme may be cited as the Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1995 and shall come into force on 24th March 1995.
2
In this Scheme “ the Act ” means the Plant Varieties and Seeds Act 1964 (including that Act as extended to Northern Ireland and as extended to the Isle of Man).
Revocations
2
The Plant Breeders' Rights (Miscellaneous Ornamental Plants) Scheme 1990 , the Plant Breeders' Rights (Miscellaneous Ornamental Plants) (Variation) Scheme 1990 , the Plant Breeders' Rights (Miscellaneous Ornamental Plants) (Variation) Scheme 1992 and the Plant Breeders' Rights (Miscellaneous Ornamental Plants) (Variation) Scheme 1993 are hereby revoked.
Plant varieties for which plant breeders' rights may be granted
3
There are prescribed for the purposes of the grant of plant breeders' rights all plant varieties which conform with the characteristics of cultivated plant varieties of any of the genera or species specified in column 1 of the Schedule to this Scheme or of any cultivated varieties which are the product of hybridization between members of any of those genera or species.
Period for which rights are exercisable
4
The period for which plant breeders' rights shall be exercisable in respect of any of the plant varieties referred to in paragraph 3 of this Scheme shall be 20 years.
Classes of plant varieties for the purposes of section 5(7) of the Act
5
In relation to any of the plant varieties referred to in paragraph 3 of this Scheme, the class of plant varieties prescribed for the purposes of section 5(7) of the Act (which enables classes of plant varieties to be prescribed in connection with the use of names likely to deceive or cause confusion) consists of all plant varieties of the genera or species specified in column 2 of the said Schedule opposite the genus or species to which that plant variety belongs.
Period prescribed for the purposes of section 7(2) of the Act
6
In relation to any of the plant varieties referred to in paragraph 3 of this Scheme the period prescribed for the purposes of section 7(2) of the Act (which enables a provision to be made whereby a compulsory licence granted by the Controller as respects a plant variety of a species or group specified in a Scheme shall not have effect for a prescribed period after the grant of rights in that plant variety) shall be 3 years.
Additional rights
7
Plant breeders' rights exercisable in respect of any of the plant varieties of the genus or species Kalanchoe Adans. shall include the exclusive right to produce or propagate and to authorise others to produce or propagate that plant variety for the purpose of selling cut blooms of that variety.
Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
13th February 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
14th February 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
14th February 1995
Denton of Wakefield
Parliamentary Under Secretary of State, Northern Ireland Office
28th February 1995
Michael Howard
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
14th February 1995


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Breckland) Designation (Amendment) Order 1995 and shall come into force on 28th February 1995.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Breckland) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In article 2, paragraph 1 of the principal Order, in the definition of “conservation plan”, for the words “Schedule 6A”, there shall be substituted the words “Schedule 7”.
Rates of payment under agreement
5
In article 6 of the principal Order —
1
in paragraph (1), in the table, in the right hand column, for the figure “100”, there shall be substituted the figure “110”;
2
for paragraph (2), there shall be substituted the following paragraph:
2
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the operations included in the plan, subject to a maximum of £15,000 for each agreement.
.
Saving
6
Article 5(1) of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1995.
Howe
Parliamentary Secretary,
Ministry of Agriculture,
Fisheries and Food
26th January 1995
We consent
Timothy Kirkhope
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd January 1995


text:
Citation, commencement and interpretation
1
This Order may be cited as the East Midlands Enterprise Zones (North East Derbyshire) (Designation) Order 1995 and shall come into force on 3rd November 1995.
2
In this Order:
“the Council” means the North East Derbyshire District Council;
“the map” means the map prepared in duplicate, marked “Map referred to in the East Midlands Enterprise Zones (North East Derbyshire) (Designation) Order 1995”, and signed by an Under Secretary in the Department of the Environment, one duplicate of which has been deposited and is available for inspection at the principal offices of the Council and the other at the offices of the Secretary of State for the Environment; and
“the Zone areas” means the three areas —
the boundaries of which are represented by the outside edge of a black line edged internally with a stippled band on the map; and
to which the East Midlands Enterprise Zone No. 1 (Holmewood) Scheme and the East Midlands Enterprise Zone No. 2 (Holmewood) Scheme and the East Midlands Enterprise Zone No. 3 (Holmewood) Scheme respectively relate.
Enterprise zones in North East Derbyshire
3
The Zone areas are hereby designated as enterprise zones, and the Council is hereby designated as the enterprise zone authority for those zones.
Period of designation
4
Designation under this Order shall take effect on 3rd November 1995, and the designated areas shall remain enterprise zones for a period of 10 years from that date.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
2nd October 1995
We consent,
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
4th October 1995


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Sutton) (Amendment) Order 1995 and shall come into force on 31st March 1995.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
“the excluded areas” means the areas in the London borough of Sutton referred to in the Schedule to this Order; and
“the principal order ” means the Road Traffic (Special Parking Area) (London Borough of Sutton) Order 1994 .
Exclusions from special parking area
3
1
The excluded areas shall cease to form part of the special parking area designated by article 3(1) of the principal order.
2
The modifications of the 1984 and 1991 Acts contained in articles 4 and 5 of the principal order shall cease to have effect in relation to the excluded areas.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
8th March 1995


text:
1
1
This Order may be cited as the A5 Trunk Road (Junction 18 (M1) to A5/A5 Link Road Junction) Order 1995 and shall come into force on 14th April 1995.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/EM 109, marked “The A5 Trunk Road (Junction 18 (M1) to A5/A5 Link Road Junction) Order 1995”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
K. I. McKenzie Director
East Midlands Highways Agency
3rd April 1995


text:
1
This Order may be cited as the Retirement Benefits Schemes (Indexation of Earnings Cap) Order 1995.
2
The figure specified in this Order, which is the figure found for the year of assessment 1996 – 97, for the purposes of section 590C of the Income and Corporation Taxes Act 1988, by virtue of subsections (4) and (5) of that section, is £82,200.
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 1995


text:
Citation, commencement and extent
1
1
This Order may be cited as the Local Government Finance (Miscellaneous Provisions) (England) Order 1995 and shall come into force on 15th February 1995.
2
This Order extends only to England.
Interpretation
2
In this Order —
“ the Act ” means the Local Government Finance Act 1992;
“new parish council” means a parish council created by a section 9 order;
“parish” means the parish for which the new parish council is created;
“prospective billing authority” means the billing authority within whose area the parish will be situated, and “billing authority” has the same meaning as in Part I of the Act;
“relevant year” means the financial year in which the new parish council is created; and
“section 9 order” means an order made under section 9 of the Local Government Act 1972 .
New parishes
3
1
Section 41 of the Act (issue of precepts by local precepting authorities) shall have effect —
a
in relation to a new parish council, the prospective billing authority and the relevant year; and
b
as respects the period beginning on the day after that on which the section 9 order is made and ending immediately before the day on which there is issued by the new parish council, or chairman of the parish meeting of the parish, a precept for the relevant year,
with the substitution for subsection (3) of the following subsection —
3
In making calculations in accordance with section 32 above (originally or by way of substitute) the billing authority shall take into account for the purposes of its estimate under section 32(2) (a) above an amount equal to that specified, in relation to a new parish council for the purposes of the Local Government Finance (Miscellaneous Provisions) (England) Order 1995, in an order made under section 9 of the Local Government Act 1972 which creates that parish council.
;
2
In relation to the new parish council, the prospective billing authority and the relevant year, —
a
section 32 of the Act (calculation of budget requirement by billing authorities) shall have effect with the omission of subsection 6;
b
section 41(4) of the Act shall have effect with the substitution for the words “March in the financial year preceding that for which it is issued” the words “October in the financial year for which it is issued”; and
c
the reference in section 54(4) of the Act (power to designate authorities) to a precept anticipated by a billing authority in pursuance of regulations under section 41 of the Act shall be construed as a reference to the amount specified in relation to the new parish council in question in the relevant section 9 order.
3
In relation to an amount taken into account for the purposes of section 32(2)(a) of the Act by virtue of paragraph (2) above, Chapter III of Part I of the Act shall have effect as if —
a
the amount were an item mentioned in section 35(1) of that Act which related to the area of the relevant parish; and
b
the area of the prospective billing authority included the area of the relevant parish.
4
The new parish council, or chairman of the parish meeting of the parish, shall make the calculations required by section 50 of the Act (calculation of budget requirement by local precepting authorities) for the relevant year so as to secure that the amount calculated as its budget requirement for that year does not exceed the amount specified in relation to the new parish council in the relevant section 9 order.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
25th January 1995


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Housing Benefit and Council Tax Benefit) Regulations 1995 and shall come into force on 1st April 1995.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Local Government Act 1992;
“the Administration Act ” means the Social Security Administration Act 1992 ;
“the 1987 Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the 1992 Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“abolished authority” means a principal council which is or is to be wound up and dissolved by a section 17 order;
“the reorganisation date”, in relation to an authority, means the date (being 1st April in any year) which is specified as such in a section 17 order;
“section 17 order” means an order under section 17 of the Act; and
“successor authority”, in relation to an abolished authority, means —
where a section 17 order gives effect to a structural change, an authority to which any functions of the abolished authority are or are to be transferred on the reorganisation date; and
where such an order gives effect to a boundary change, an authority whose area, on and after that date, includes, or is to include, an area which, before that date, is the whole or any part of the area of the abolished authority.
2
In these Regulations —
a
any reference to a transferred area is a reference to an area in relation to which, immediately before the reorganisation date, a principal council (other than an abolished authority) (“the relinquishing authority”) exercises functions which, by virtue of a structural or boundary change effected by a section 17 order, it ceases to exercise on that date; and
b
any reference to the acquiring authority in relation to such an area is a reference to the authority which, by virtue of such a change, exercises or is to exercise those functions in relation to the area on and after that date.
3
These Regulations are to be read, where appropriate, with the Local Government Changes for England Regulations 1994 .
Modification of the Administration Act
3
The Administration Act shall be modified so that any reference in sections 75, 76 , 127, 128 , 135 and 140 of that Act to “authority” or “authorities”, shall be taken, in the case of an abolished authority or, as the case may be, a relinquishing authority for a transferred area, to be a reference also to the successor or, as the case may be, acquiring authority.
Termination of benefit periods
4
1
Without prejudice to any right or power of an authority under the 1987 or 1992 Regulations, but subject to paragraphs (2) and (4) below, in any case where an abolished authority or, as the case may be, a relinquishing authority for a transferred area had made an award of benefit under either of those Regulations, the successor or, as the case may be, acquiring authority, may determine that the benefit period for any such award shall be brought to an end on such date as that authority may determine.
2
Any determination to end a benefit period under paragraph (1) above —
a
shall be made within the period of six months beginning with the reorganisation date for that authority;
b
shall be of no effect unless —
i
that determination has been notified to the claimant as though that determination were a determination made under the 1987 or 1992 Regulations, as the case may be; and
ii
the authority has invited the person whose benefit period has been brought to an end to make a claim for a further grant of housing benefit or council tax benefit, as the case may be.
3
Any claim received within 4 weeks of the end of the benefit period terminated under paragraph (1), following an invitation issued in accordance with (2)(b)(ii), shall have effect as if made on the date following the day on which the benefit period ended.
4
Notwithstanding the provisions of section 63(3) of the Administration Act, there shall be no review or further review under regulation 79 or 81 of the 1987 Regulations or regulation 69 or 70 of the 1992 Regulations (reviews and further reviews of determinations) of any determination made under this regulation.
5
Expressions used in this regulation shall have, unless the context otherwise requires, the same meaning as they have in the 1987, or as the case may be, 1992 Regulations.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
2nd March 1995


text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the East Sussex (Boroughs of Brighton and Hove) (Structural Change) Order 1995 and shall come into force for the purposes of articles 3, 6, 8(1), (3) and (4), and 11 to 19 on the day after the day on which it is made, and for all other purposes on 1st April 1997.
Interpretation
2
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“ Brighton ” means the borough of Brighton and “the Brighton Council” means the council of that borough;
“East Sussex” means the non-metropolitan county of East Sussex and “the County Council” means the council of that county;
“ East Sussex district ” means a district in East Sussex;
“Hove” means the borough of Hove and “the Hove Council” means the council of that borough;
“the preliminary period” means the period beginning with the relevant date and ending immediately before the reorganisation date;
“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; and
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 .
PART II
LOCAL GOVERNMENT REORGANISATION IN BRIGHTON AND HOVE
Constitution of new district of Brighton and Hove
3
1
A new district of Brighton and Hove (“the Brighton and Hove district”) shall be constituted and shall comprise the areas of the East Sussex districts of Brighton and Hove.
2
Subject to article 16, there shall be a new non-metropolitan district council for that district (“the Brighton and Hove Council”).
Structural change
4
The functions of the County Council in relation to Brighton and Hove shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the Brighton and Hove Council.
Constitution of new county of Brighton and Hove
5
1
Brighton and Hove shall cease to form part of East Sussex.
2
A new county shall be constituted comprising the area of Brighton and Hove and shall be named the county of Brighton and Hove.
3
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the county of Brighton and Hove.
Sussex Police Authority
6
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 articles 5 and 10 were in force on that date; and
b
accordingly, the appointments which are required to be made to the Sussex 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 Councils of West Sussex and East Sussex and the Brighton and Hove Council (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 Brighton or Hove ; 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 purpose 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
7
Schedule 1A to the Police Act 1964 shall be amended by inserting after the words“The counties of East Sussex and West Sussex” in the right-hand column opposite the name of the Sussex police area the words “and the non-metropolitan district of Brighton and Hove”.
Fire services
8
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947 ; and
“the relevant area” means the area comprising East Sussex (as constituted on and after the reorganisation date), Brighton and Hove.
2
The area of the Brighton and Hove district 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 East Sussex”; 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 East Sussex”.
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
9
1
The structure plan applying immediately before the reorganisation date to East Sussex 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 Brighton and Hove Council; and section 50 of the Town and Country Planning Act 1990 (“the 1990 Act ”) shall apply accordingly.
2
In relation to the Brighton and Hove Council —
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.
.
Existing local government areas
10
1
The existing East Sussex districts of Brighton and Hove shall be abolished.
2
Brighton Council and Hove Council shall be wound up and dissolved.
PART III
ELECTORAL ARRANGEMENTS
Electoral areas in Brighton and Hove
11
1
The district of Brighton and Hove shall be divided into 26 wards and each ward shall be represented by 3 councillors.
2
Those wards shall comprise the areas and bear the names of the wards described in the Borough of Brighton (Electoral Arrangements) Order 1980 and the Borough of Hove (Electoral Arrangements) Order 1978 .
Elections of councillors to the Brighton and Hove Council
12
1
Elections of all councillors of the Brighton and Hove Council shall be held simultaneously on the ordinary day of election of councillors in 1996, 1999 and every fourth year after 1999 ; and the term of office of any councillor so elected shall be, in the case of a councillor elected in 1996, three years and, in any other case, four years.
2
On the fourth day after such an election held after 1996 —
a
the persons who were councillors immediately before the election shall retire; and
b
the newly elected councillors shall come into office.
First elections
13
1
At the ordinary election in 1996 of councillors of the Brighton and Hove Council, the returning officer shall be the returning officer appointed under section 35 of the Representation of the People Act 1983 by Brighton Council.
2
All expenditure properly incurred by the returning officer in relation to the holding of this election shall be paid by the councils of Brighton and Hove in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State, and paragraph 2(2) of the Schedule to the Local Government Changes for England Regulations 1994 shall not apply in relation to this election.
Suspension of elections and retirement of councillors
14
1
The ordinary election of councillors in 1996 for any ward in Brighton shall not take place; and any councillor for such a ward holding office immediately before the relevant date who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.
2
The electoral divisions of East Sussex comprised in Brighton and Hove 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 .
3
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 Brighton Council or Hove Council after 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 reorganisation date; and
b
in the case of a casual vacancy occurring in the office of councillor for any electoral division referred to in paragraph (2) above, as if that reference in that subsection were a reference to the reorganisation date.
PART IV
TRANSITIONAL PROVISION
Interpretation of Part
15
In this Part —
“transferor authority” means the County Council, the Brighton Council or the Hove Council; and
“transferee authority” means the Brighton and Hove Council.
Shadow authorities
16
During the preliminary period —
a
the transferee authority shall not be a local authority for the purposes of the 1972 Act and, in relation to that council, section 2(2) of that Act shall have effect as if the words from “and the council” to the end of that subsection were omitted; and
b
the transferee authority shall be a shadow authority for the purposes of the Local Government Changes for England Regulations 1994 .
Co-operation
17
The transferor authorities and their officers and, during the preliminary period, those authorities and officers and the transferee authority and its officers, shall co-operate with each other, and generally exercise their functions, so as to facilitate the implementation of this Order and any other relevant provision.
Preparations for transfer of functions
18
1
The transferor authorities and, during the preliminary period, the transferee authority, may take such steps as appear to them to be necessary for the purpose of preparing for the transfer and exercise of functions which will, on and after the reorganisation date, be exercisable by the transferee authority by virtue or in consequence of this Order or any other relevant provision.
2
During the preliminary period —
a
the transferor authorities shall furnish the transferee authority with all such information relating to the transferor authorities or their functions as the transferee authority may reasonably request for the purpose of implementing this Order or any other relevant provision; and
b
the transferee authority shall —
i
in relation to the functions mentioned in paragraph (1) above, make such arrangements for organisation and management and such appointments of officers as are necessary to secure the proper performance of those functions on and after the reorganisation date;
ii
at a meeting of the authority, consider a report by the head of its paid service as to whether any such functions could with advantage be discharged in pursuance of arrangements made under section 101 of the 1972 Act (arrangements for discharge of functions) or under any other enactment; and
iii
if of that opinion, shall promote the making of such arrangements.
3
In paragraph (2) above, the reference to the head of a council’s paid service is a reference to the officer designated as such under section 4(1) of the Local Government and Housing Act 1989 ; and nothing in section 101 of the 1972 Act shall apply to the duty imposed by virtue of sub-paragraph (b) of that paragraph.
Activities preliminary to the exercise of functions
19
Where, during the preliminary period, a transferor authority is required by virtue of any enactment to prepare any budgets or plans, or to consult any person, for purposes connected with the exercise, on and after the reorganisation date, of any functions in relation to any part of the area of the transferee authority, which, on and after that date, are exercisable by the transferee authority, the requirement in question shall, subject to any other relevant provision, cease to have effect during that period in relation to that authority; and any such requirement shall instead have effect, during that period and for those purposes, in relation to the transferee authority.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
11th July 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Kent Healthcare National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 9th January 1996.
2
In this Order —
“the Authority” means the West Kent Health Authority;
“the Trust” means the Mid Kent Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 10th October 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th January 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State
Department of Health
14th December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Salisbury Health Care National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 8th June 1995.
2
In this Order —
“the Authority” means the Wiltshire and Bath Health Authority;
“the Trust” means the Salisbury 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 20th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th June 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
10th May 1995


text:
1
This Order may be cited as the Criminal Justice and Public Order Act 1994 (Commencement No. 4) Order 1995.
2
Section 53 of the Criminal Justice and Public Order Act 1994 (Expenses in criminal appeals in Northern Ireland Court of Appeal) shall come into force on 2 February 1995.
Mackay of Clashfern, C.
Dated 9th January 1995


text:
Citation and commencement
1
This Order may be cited as the Sex Discrimination (Designated Educational Establishments) (Revocation) Order 1995 and shall come into force on 1st September 1995.
Revocation
2
The Sex Discrimination (Designated Educational Establishments) Order 1975 , the Sex Discrimination (Designated Educational Establishments) (Amendment) Order 1980 and the Further and Higher Education Act 1992 (Consequential Amendments) Order 1993 are hereby revoked.
Eric Forth
Minister of State,
Department for Education and Employment
31st July 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gofal Cymuned Clwydian Community Care National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 1st April 1995.
2
In this Order:
“the Authority” means Clwyd Health Authority;
“the Trust” means Gofal Cymuned Clwydian Community 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 4th August 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 1st April 1995 the trust property shall be transferred from the Authority to the Trust.
John Redwood
Secretary of State for Wales
22nd February 1995


text:
Citation, commencement and interpretation
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Cleaning of Police Buildings) (Exemption) (England and Wales) Order 1995 and shall come into force on 1st October 1996.
Exemption of building cleaning
2
1
The activity falling within section 2(2)(b) of the Local Government Act 1988 shall not be treated as a defined activity so long as —
a
it is carried out by a police authority, and
b
the amount estimated by the police authority as the gross cost of carrying out the activity through their direct labour organisation or a similar organisation in the immediately preceding financial year does not exceed £125,000.
2
For the purposes of this article, the cost of carrying out this activity shall be estimated as regards England in accordance with article 3(3) of the Local Government Act 1988 (Defined Activities) (Exemptions) (England) Order 1988 , and as regards Wales in accordance with article 3(3) of the Local Government Act 1988 (Defined Activities) (Exemptions) Wales Order 1988 .
3
In this article “police authority” means —
a
a police authority constituted under section 3 of the Police Act 1964 , and
b
the Common Council of the City of London in its capacity as a police authority.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
11th September 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State,
Welsh Office
13th September 1995


text:
1
This Order may be cited as the Motor Cycle Noise Act 1987 (Commencement) Order 1995.
2
The Motor Cycle Noise Act 1987 shall come into force on 1st August 1996.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
30th August 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment (No. 2) Regulations 1995 and shall come into force on 20th October 1995.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 1989 .
Amendment of the principal Regulations
2
For sub-paragraph (c) of regulation 6(1) of the principal Regulations (exemptions), there shall be substituted —
c
a person who has attained the age of 60 years;
.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
19th October 1995


text:
1
The County Council of Clwyd (River Dee Estuary Bridge) (Variation) Scheme 1995 is hereby confirmed without modification.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the Welsh Office Repository, Curran Embankment, Cardiff and at the offices of Clwyd County Council, Shire Hall, Mold, Clwyd.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as The County Council of Clwyd (River Dee Estuary Bridge) (Variation) Scheme 1995 Confirmation Instrument 1995.
Signed by authority of the Secretary of State
P R Marsden
A Grade 6 Officer in the Welsh Office
4th December 1995


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Direct Labour Organisations) (Competition) (Amendment) (Crown Courts) Regulations 1995 and shall come into force on 26th June 1995.
Functional work: Crown Court premises
2
In the Local Government (Direct Labour Organisations) (Competition) Regulations 1989 there is added at the end of paragraph (1) of regulation 9 —
d
work undertaken for the purposes of a Crown Court.
.
Authorised by the Secretary of State to sign in that behalf
Robert Jones
Parliamentary Under Secretary of State
Department of the Environment
24th May 1995


text:
Citation and commencement
1
This Order may be cited as the Medicines (Exemption from Licences) (Clinical Trials) Order 1995 and shall come into force on 8th December 1995.
Interpretation
2
1
In this Order —
a
“ the Act ” means the Medicines Act 1968;
“approved name” in relation to a constituent is either the name of the substance or article which appears in the current edition of the list prepared in accordance with section 100 of the Act (lists of names) and published by the Ministers or the international non-proprietary name recommended by the World Health Organisation;
“medicinal product” includes any substance or article for human use specified in an order made under section 104 or 105(1)(b) of the Act (application of Act to certain articles and substances and to certain other substances which are not medicinal products) which is for the time being in force and which directs that sections 31 and 35(8) and (9) of the Act shall have effect in relation to that substance or article ;
“monograph” means a monograph in the current edition of the European Pharmacopoeia, of any compendium published by the Health Ministers or the Agriculture Ministers under section 99 of the Act (new editions of British Pharmacopoeia and other compendia), of the British Pharmacopoeia or of the British Pharmaceutical Codex;
“monograph name” means, in relation to a constituent, the name which appears at the head of the relevant monograph;
“notice” means notice in writing;
“supplier” means a person selling or supplying, or procuring the sale, supply, manufacture or assembly of, a medicinal product for the purposes of a clinical trial;
“usage guideline” means the notice referred to in article 4(1)(a)(iii) of this Order;
b
a reference to a numbered article is to the article of this Order bearing that number and a reference in an article to a numbered paragraph is to the paragraph of that article bearing that number.
2
Section 127 of the Act (service of documents) applies to notices required or authorised to be given or sent by any provision of this Order as it applies to notices required or authorised to be given or sent by any provision of the Act.
3
For the purposes of calculating any period of days referred to in this Order no account shall be taken of Christmas Day, Good Friday or a bank holiday in England under the Banking and Financial Dealings Act 1971 .
Exemption from licences in respect of clinical trials
3
Subject to the conditions specified in article 4 and to the limitations specified in article 5, the restrictions imposed by section 7 of the Act (which restricts dealings with medicinal products) shall not apply to anything done which consists of selling or supplying, or procuring the sale, supply, manufacture or assembly of, a medicinal product for the purposes of a clinical trial.
Conditions
4
1
The exemption conferred by article 3 is subject to the conditions that:
a
the supplier has given or sent to the licensing authority a notice which states his intention to sell or supply, or procure the sale, supply, manufacture or assembly of, medicinal products of the description in question for the purposes of a clinical trial and which is accompanied by —
i
the particulars and the summaries specified in Schedule 1 to this Order,
ii
a certificate signed by a doctor which lists his medical and scientific qualifications and which states that he is a medical adviser in the employment of, or a consultant to, the supplier; that he has satisfied himself as to the accuracy of the summaries specified at paragraph 14 of Schedule 1 to this Order; and that, having regard to the contents of those summaries, he is of the opinion that it is reasonable for the proposed clinical trial to be undertaken, and
iii
a notice containing the information specified in Schedule 2 to this Order;
b
the licensing authority have not, before the end of the specified period, given or sent to the supplier a notice stating that the provisions of this Order shall not apply to the activities proposed to be carried out by him in relation to the medicinal product; and
c
the supplier has given an undertaking to the licensing authority that he will inform them forthwith of —
i
any adverse reactions associated with the administration of the medicinal product that are both serious and unexpected,
ii
any other matter coming to his attention which might reasonably cause the licensing authority to think that the medicinal product could no longer be regarded as a product which could safely be administered for the purposes of the clinical trial or as a product which was of satisfactory quality for those purposes,
iii
any change in respect of any matter specified in Schedule 3 to this Order, and
iv
any refusal to approve the clinical trial by a committee established or recognised by a health authority constituted under the National Health Service Act 1977 or, as the case may be, by a Health Board or a Special Health Board constituted under the National Health Service (Scotland) Act 1978 or by a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972 , to advise on the ethics of research investigations on human beings.
2
In paragraph (1)(b) and article 5(1), “the specified period” means the period of thirty-five days from the date on which the licensing authority gives or sends the supplier notice that they have received the notice referred to in paragraph (1)(a), or such period extended by the licensing authority by not more than twenty-eight days; and if they so extend such period such licensing authority shall give or send to the supplier, within such period of thirty-five days, a notice stating the duration of the extension.
Coming into effect, duration and termination of exemption
5
1
The exemption conferred by article 3 shall take effect on the expiry of the specified period and shall continue, if the conditions specified in article 4 are fulfilled, for a period of three years unless it is terminated in accordance with paragraphs (2) and (3).
2
The licensing authority may, by notice given or sent to the supplier, terminate the exemption conferred by article 3 in relation to any description of medicinal product if it appears to them that —
a
medicinal products of that description can no longer be regarded as products which can safely be administered for the purposes of the clinical trial in question; or
b
the specification or standards to which medicinal products of that description are manufactured can no longer be regarded as satisfactory; or
c
any changes which have been notified in respect of matters specified in Schedule 3 to this Order may adversely affect the safety of a patient taking part in the clinical trial; or
d
the notice referred to in article 4(1)(a) or any document which accompanied it was false or incomplete in a material particular; or
e
the supplier is in breach of any part of the undertaking referred to in article 4(1)(c).
3
The date on which the termination referred to in paragraph (2) takes effect shall be such date as may be specified by the licensing authority in the notice referred to in that paragraph.
Amendment of Order
6
In article 3 (exemption from licences and certificates in respect of clinical trials) of the Medicines (Exemption from Licences) (Clinical Trials) Order 1981 the words “section 7 and” are omitted.
Tom Sackville
Secretary of State for Health
24th October 1995
William Hague
Secretary of State for Wales
27th October 1995
James Douglas-Hamilton
Minister of State, The Scottish Office
25th October 1995
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
F. A. Elliott
Permanent Secretary
25th October 1995.


text:
Citation and commencement
1
These Regulations may be cited as the Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 1995 and shall come into force on 6th April 1995.
Amendment of Regulations
2
In regulation 3 of the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994 (determination of the amount of additional payment to which a small employer shall be entitled) —
a
after the words “In respect of any payment of statutory maternity pay”, there shall be inserted the words “made in the tax year commencing 6th April 1995, or in any subsequent tax year,”;
b
for the figure “4 per cent.” there shall be substituted the figure “5 per cent.”.
Signed by authority of the Secretary of State for Social Security.
James Arbuthnot
Parliamentary Under–Secretary of State,
Department of Social Security
7th March 1995


text:
1
These Regulations may be cited as the Companies Act 1985 (Audit Exemption) (Amendment) Regulations 1995 and shall come into force on 30th March 1995.
2
1
Section 249D of the Companies Act 1985 (the reporting accountant) shall be amended as follows.
2
For subsection (1) there shall be substituted the following subsections —
1
The reporting accountant shall be either —
a
any member of a body listed in subsection (3) who, under the rules of the body —
i
is entitled to engage in public practice, and
ii
is not ineligible for appointment as a reporting accountant, or
b
any person (whether or not a member of any such body) who —
i
is subject to the rules of any such body in seeking appointment or acting as auditor under Chapter V of Part XI, and
ii
under those rules, is eligible for appointment as auditor under that Chapter.
1A
In subsection (1), references to the rules of a body listed in subsection (3) are to the rules (whether or not laid down by the body itself) which the body has power to enforce and which are relevant for the purposes of Part II of the Companies Act 1989 or this section.
This includes rules relating to the admission and expulsion of members of the body, so far as relevant for the purposes of that Part or this section.
3
In subsection (3), for the words “subsection (1)” there shall be substituted the words “subsections (1) and (1A)”.
3
1
This Regulation applies to any report made for the purposes of section 249A(2) of the Companies Act 1985 (“the 1985 Act ”) before the commencement of these Regulations.
2
Any report to which this Regulation applies which was prepared by a person who was not eligible under section 249D of the 1985 Act to prepare it, but who would have been so eligible if the amendments made by regulation 2 of these Regulations had been in force when the report was prepared, shall be taken for the purposes of the 1985 Act to have been prepared by a person who was eligible under that section.
Jonathan Evans
Parliamentary Under-Secretary of State for Corporate Affairs,
Department of Trade and Industry
6th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Glan Hafren National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 31st May 1995.
2
In this Order:
“the Authority” means the Gwent Health Authority;
“the Trust” means the Glan Hafren 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 13th March 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 31st May 1995 the trust property shall be transferred from the Authority to the Trust.
John Redwood
Secretary of State for Wales
4th May 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Children (Secure Accommodation) Amendment Regulations 1995 and shall come into force on 23rd June 1995.
2
In these Regulations “the principal Regulations ” means the Children (Secure Accommodation) Regulations 1991 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation) there shall be inserted after the definition of “the Act” the following definition —
“children’s home” means a registered children’s home, a community home or a voluntary home;
.
Amendment of regulations 3, 4, 9, 14, 15, 16 and 17 of the principal Regulations
3
In regulations 3, 4, 9, 14, 15, 16(1)(b) and 17 of the principal Regulations for the words “community home” on each occasion they appear there shall be substituted the words “children’s home”.
Amendment of regulation 9 of the principal Regulations
4
In regulation 9 of the principal Regulations (duty to give information of placement in children’s homes) for the words “in a community home which is managed by an authority other than that which are looking after him the local authority which manage” there shall be substituted the words “in a children’s home which is managed by a person, organization or authority other than the local authority which is looking after him, the person who, or the organization or the authority which manages”.
Amendment of regulation 16 of the principal Regulations
5
In regulation 16(2) of the principal Regulations (review of placement in secure accommodation in a children’s home) for sub-paragraph (f) there shall be substituted the following sub-paragraph —
f
the person, organization or local authority managing the secure accommodation in which the child is placed if that accommodation is not managed by the authority which is looking after that child.
.
Revocation
6
Regulation 18 of the principal Regulations (prohibition on provision of secure accommodation by voluntary homes and registered children’s homes) is revoked.
Signed by authority of the Secretary of State for Health.
John Bowis
Parliamentary Under-Secretary of State
Department of Health
1st June 1995


text:
1
These Regulations may be cited as the Police (Discipline) (Amendment) Regulations 1995 and shall come into force on 10th July 1995.
2
For regulation 16(2)(b) of the Police (Discipline) Regulations 1985 there shall be substituted —
b
in any other police force, to the Assistant Chief Constable designated under section 6(4) of the Police Act 1964 , and such officer may hear the charges regardless of whether the circumstances set out in paragraph (a) or (b) of section 6(4) apply.
.
David Maclean
Minister of State
Home Office
7th June 1995


text:
Title, extent and commencement
1
This Order may be cited as the Potatoes Originating in the Netherlands Order 1995, shall apply to Great Britain and shall come into force on 23rd November 1995.
Interpretation
2
In this Order —
“inspector” means any person authorised to be an inspector for the purposes of the Plant Health (Great Britain) Order 1993 ;
“originating in the Netherlands” means grown and harvested in 1995 in the Netherlands;
“potato” means any tuber or true seed or any other plant of Solanum tuberosum L. or other tuber-forming species or hybrid of the genus Solanum L..
Notification of imports of potatoes originating in the Netherlands
3
1
No person shall import into Great Britain any potatoes which he knows or has reasonable cause to suspect to have originated in the Netherlands unless he has given written notification to an inspector, at least two days prior to the intended date of introduction into Great Britain of the potatoes, of his intention to import the potatoes and of —
a
the proposed means of introduction;
b
the proposed point of entry;
c
the intended use of the potatoes;
d
in the case of potatoes intended for planting or processing, the proposed destination of the potatoes;
e
the variety of the potatoes; and
f
the quantity of potatoes.
2
Any notification given by a person under paragraph (1) above in respect of any potatoes shall be deemed to satisfy the requirements placed on that person by the Seed Potatoes originating in the Netherlands (Notification) (Scotland) Order 1995 in respect of those potatoes.
3
In this article, “processing” means any industrial treatment including washing but excluding packing for retail sale.
Powers of an inspector
4
1
Without prejudice to the circumstances in which an inspector may be virtue of the Plant Health (Great Britain) Order 1993 exercise the powers conferred by articles 22 and 23 of that Order, an inspector who has reasonable grounds for suspecting that any person has or will have in his possession potatoes originating in the Netherlands may exercise any of those powers in respect of such potatoes.
2
Any power exercised by virtue of paragraph (1) above shall be treated for the purposes of the Plant Health (Great Britain) Order 1993 as a power exercised under that Order.
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
22nd November 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
22nd November 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
22nd November 1995


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Amendment) Regulations 1995 and shall come into force on 2nd October 1995.
2
These Regulations apply in relation to appeals under section 174 (appeal against enforcement notice) of the Town and Country Planning Act 1990 in respect of which notice of appeal is given on or after the coming into force of these Regulations.
Amendment of Regulations
2
Regulation 4 of the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1981 is amended —
a
by the omission, at the end of paragraph (e), of the word “and”; and
b
by the insertion, after paragraph (f), of the following —
g
appeals under section 174 of the Act relating to development in respect of which an environmental statement is required for the purposes of the Town and Country Planning (Environmental Assessment and Unauthorised Development) Regulations 1995.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
28th August 1995


text:
1
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) Order 1995, and shall come into force on 1st March 1995.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) ( No. 5) Order 1994 is revoked.
2
For Schedule 2 to the Child Abduction and Custody (Parties to Conventions) Order 1986 there shall be substituted the following —
SCHEDULE 2
EUROPEAN CONVENTION ON RECOGNITION AND ENFORCEMENT OF DECISIONS CONCERNING CUSTODY OF CHILDREN AND ON THE RESTORATION OF CUSTODY OF CHILDREN, LUXEMBOURG, 20TH MAY 1980
Article 3
Contracting States to the Convention Territories specified in Declarations under Article 24 or 25 of the Convention Date of Coming into Force of Convention as between the United Kingdom and the State or Territory
Austria — 1st August 1986 Belgium — 1st August 1986 Cyprus — 1st October 1986 Denmark — 1st August 1991 Finland — 1st August 1994 France — 1st August 1986 Germany — 1st February 1991 Greece — 1st July 1993 The Republic of Ireland — 1st October 1991 Luxembourg — 1st August 1986 Malta — 1st March 1995 Netherlands — 1st September 1990 Norway — 1st May 1989 Portugal — 1st August 1986 Spain — 1st August 1986 Sweden — 1st July 1989 Switzerland — 1st August 1986
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Judicial Pensions (Preservation of Benefits) Order 1995 and shall come into force on 31st March 1995.
Interpretation
2
1
In this Order —
“the 1993 Act ” means the Judicial Pensions and Retirement Act 1993;
“full rate” means the rate at which a pension might have been paid to an office-holder if his service had continued until normal pension age, but calculated by reference to —
the pensionable pay (as defined by section 3(3)(a) of the 1993 Act), or
in respect of a pension payable under section 19 of the 1993 Act, the pensionable pay if the pension-capped salary had fallen to be determined under section 3(3)(b) of the 1993 Act without the limit imposed by reference to the permitted maximum there mentioned,
attaching to the office of the office-holder at the date he ceased (within the meaning of article 4 below) to hold office;
“normal pension age” means the earliest age at which an office-holder would have been able to retire with a pension immediately payable under section 2(1) of the 1993 Act;
“office-holder” means a person who holds, or has held, qualifying judicial office;
“qualifying judicial office” has the meaning given to it in section 1(6) of the 1993 Act;
“relevant service” means service in qualifying judicial office.
Application
3
This order shall apply to an office-holder with a pension payable under the scheme constituted by Part I of the 1993 Act and to an office-holder with a pension payable under section 19 of that Act.
Ceasing to hold office
4
An office-holder shall be treated as not ceasing to hold office for the purpose of this Order where —
a
he moves from one qualifying judicial office to another; or
b
at the time that he ceases to hold qualifying judicial office he is entitled to a pension under section 2(2), 2(3), or 24) of the 1993 Act; or
c
he holds qualifying judicial office on the last day of service but has made no election under section 1(2) of the 1993 Act for Part I of the 1993 Act to apply to him.
Preserved pension
5
1
An office holder who has completed two years of relevant service, but who ceases to hold qualifying judicial office before normal pension age, shall be eligible for a pension when he reaches normal pension age.
2
The annual rate at which that pension shall be paid shall be calculated in accordance with the formula
( A / B ) × C
where —
a
A is the number of years and days of completed relevant service (expressed in years and fractions of years as appropriate) of the office-holder;
b
B is the number of years and days of completed relevant service (expressed in years and fractions of years as appropriate) which the office-holder would have served if that service had continued until normal pension age; and
c
C is the full rate.
3
Where the office-holder has entered into one or more contracts to purchase added years under the Judicial Added Years Scheme constituted under Part IV of the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 , then for the purposes of the calculation in paragraph (2), the number of years included in A in paragraph (2)(a) shall be increased by the result of the calculation of the formula
( D / E ) × F
applied to each contract entered into where —
a
D is the number of years and days (expressed in years and fractions of years as appropriate) during which added years were purchased by the office-holder;
b
E is the number of years and days (expressed in years and fractions of years as appropriate) during which added years would have been purchased if the office-holder had continued in service until normal pension age; and
c
F is the number of added years that the office-holder contracted to purchase.
Preserved lump sum and derivative benefits
6
1
Sections 4(1), 5(1) to (4) and sections 6 to 9 (except section 8(4)) of the 1993 Act shall apply in relation to an office-holder whose pension has been preserved by virtue of this Order, including, where appropriate, any officer who dies before payment of the preserved pension, as they apply in relation to an office-holder who becomes entitled to a pension on retirement at normal pension age or who dies in service.
2
For the purposes of sections 5 and 8 of the 1993 Act, “the annual rate of the deceased’s judicial pension” shall mean the annual rate of the reduced judicial pension as set out in article 5(2).
Inalienability
7
Any assignment (or, in Scotland, assignation) of, or charge on, or any agreement to assign or charge, any pension or lump sum which may be granted by virtue of this Order shall (unless made by an office-holder in favour of his surviving spouse or eligible children as defined by section 6 of the 1993 Act) be void.
Mackay of Clashfern, C.
Dated 6th March 1995
Ian Lang
One of Her Majesty’s Principle Secretaries of State
Dated 7th March 1995


text:
Citation and commencement
1
These Regulations may be cited as the Vocational Training (Public Financial Assistance and Disentitlement to Tax Relief) (Amendment) Regulations 1995 and shall come into force on 8th January 1996.
Interpretation
2
In these Regulations “the principal Regulations ” means the Vocational Training (Public Financial Assistance and Disentitlement to Tax Relief) Regulations 1992 , and “regulation 3” means regulation 3 of the principal Regulations.
Amendments to the principal Regulations
3
In paragraph (2)(a)(i) of regulation 3 —
a
in sub-paragraph (aa), there shall be added at the end the words “or any local name or description of Youth Training,”;
b
in sub-paragraph (bb), there shall be added at the end the words “or any local name or description of Training for Work,”;
c
for sub-paragraph (dd) and the word “or” immediately following it there shall be substituted —
dd
Modern Apprenticeships or Accelerated Modern Apprenticeships,
;
d
after sub-paragraph (ee) there shall be added
or
ff
Jobmatch,
.
4
In paragraph (2)(b)(ii) of regulation 3 —
a
in sub-paragraph (aa), there shall be added at the end the words “or any local name or description of Youth Training,”;
b
for sub-paragraph (bb) and the word “or” immediately following it there shall be substituted —
bb
Training for Work, or any local name or description of Training for Work, or
;
c
for sub-paragraph (cc) there shall be substituted —
cc
Modern Apprenticeships or Accelerated Modern Apprenticeships,
.
5
In paragraph (2)(c) of regulation 3, after paragraph (v) and the word “and” immediately following it there shall be added —
vi
under the Enterprise Ulster Scheme; and
.
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
18th December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dewsbury Health Care National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on6th June 1995.
2
In this Order —
“the Authority” means the West Yorkshire Health Authority;
“the Trust” means the Dewsbury 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 24th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th June 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
9th May 1995


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Partnership and Co-operation Agreement between the European Communities and their Member States, and Ukraine) Order 1995. It shall come into operation in respect of the treaty specified in the Schedule to this Order on the date on which the Agreement enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N.H. Nicholls
Clerk of the Privy Council