text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Weald of Kent Community National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Weald of Kent Community National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Weald of Kent Community National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Sevenoaks Hospital, Hospital Road, Sevenoaks, Kent TN13 3PG and associated hospitals;
b
to manage community health services provided from Michel Tetley Hall, Sandhurst Road, Tunbridge Wells, Kent TN2 3JP and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Tunbridge Wells Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Tunbridge Wells Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Tunbridge Wells Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
28th January 1994


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Local Government Superannuation (Investments) Regulations 1994 and shall come into force on 17th August 1994.
Use and investment of superannuation fund’s moneys
2
Regulation P3 of the Local Government Superannuation Regulations 1986 shall be amended —
a
by adding at the end of paragraph (2) the words
and
e
entering as a limited partner into a partnership.
;
b
by adding at the end of paragraph (4) the words
or
g
contribute to a partnership so as to cause the total value of contributions by the authority to that partnership to exceed 2% of the value at the time of all investments of fund moneys, or so as to cause the total value of all contributions by the authority to such partnerships to exceed 5% of the value at the time of all investments of fund moneys.
; and
c
in paragraph (10) —
i
by inserting after the definition of “investment manager” the following definition —
“limited partner” means a person who is not liable for the debts or obligations of a partnership beyond the amount contributed at the time of entering into that partnership;
; and
ii
by inserting after the definition of “listed securities” the following definition —
“partnership” means a partnership whose purpose is to invest in shares in or securities of companies which at the date of purchase by the partnership are normally not quoted on a recognised stock exchange (within the meaning of section 841(1) of the Income and Corporation Taxes Act 1988 ).
.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
19th July 1994


text:
1
This Order may be cited as the Broadcasting (Unlicensed Television Services) Exemption Order 1994 and shall come into force on 5th January 1995.
2
Section 13(1) of the Broadcasting Act 1990 (prohibition on providing television services without a licence) shall not apply to the news and information service provided by BBC World Service Television Limited (or any other company controlled by the British Broadcasting Corporation within the meaning of Part I of Schedule 2 to the Broadcasting Act 1990) together with European Channel Broadcasting Limited and the entertainment service provided by the latter known, at the date of the making of this Order, as “BBC World” and “BBC Prime” respectively.
Stephen Dorrell
Secretary of State for National Heritage
7th December 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 4) Regulations 1994 and shall come into force on 30th September 1994.
2
In these Regulations “Schedule 1” means Schedule 1 to the Social Security (Contributions) Regulations 1979 (containing the provisions of the Income Tax (Employments) Regulations 1973 as they apply to earnings-related contributions and Class 1A contributions under the Social Security Act 1975).
Amendment of Regulation 3 of Schedule 1
2
In Regulation 3 of Schedule 1 (intermediate employers) —
a
in paragraph (1) for the words “works under the general control and management of a person” there shall be substituted the words “works for a person”;
b
after paragraph (2) there shall be inserted the following paragraphs —
2A
Paragraphs (1) and (2) of this Regulation apply only in the circumstances that a direction has been given by the Commissioners of Inland Revenue under section 203E of the Income and Corporation Taxes Act 1988 ( PAYE : mobile UK workforce) .
2B
In paragraphs (1) and (2) of this Regulation —
a
“the principal employer” means the person specified as the relevant person in the direction referred to in paragraph (2A) of this Regulation, and
b
“the immediate employer” means the person specified as the contractor in that direction.
.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
1st September 1994
The Commissioners of Inland Revenue hereby concur.
S. C. T. Matheson
G. H. Bush
Two of the Commissioners of Inland Revenue
5th September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottingham Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 5th October 1994.
2
In this Order —
“the Authority” means the Nottingham Health Authority;
“the Trust” means the Nottingham 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 18th March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 5th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
7th September 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (South Wessex Downs) Designation (Amendment) Order 1994 and shall come into force on 30th April1994.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (South Wessex Downs) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Definitions
4
In article 2 of the principal Order —
1
before the definition of “agreement” there shall be inserted the following definition:
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
;
2
after the definition of “agreement” there shall be inserted the following definition:
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 3 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
after the definition of “permanent grassland” there shall be inserted the following definition:
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
.
Requirements to be included in an agreement
5
After article 4 of the principal Order there shall be inserted the following article:
4A
An agreement may include the requirements as to public access specified in Schedule 1A to this Order.
.
Rates of payment under agreement
6
1
hAfter paragraph (1)
of article 6 of the principal Order there shall be inserted the following paragraph:
1A
Where an agreement includes the requirements as to public access specified in Schedule 1A the Minister shall make payments at a rate of £170 per annum for each hectare of access route.
.
2
For paragraph (3)
of article 6 of the principal Order there shall be substituted the following paragraph:
3
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the aggregate of the operations included in the plan at a rate not exceeding 75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3,000 for each such plan.
.
Schedules
7
1
After Schedule 1 to the principal Order there shall be inserted the provisions of the Schedule to this Order.
2
After paragraph 6 of Schedule 3 to the principal Order there shall be inserted the following paragraph:
7
The provision and restoration of gates, stiles and footbridges where an agreementincludes the requirements of Schedule 1A as to public access.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th March 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
We consent,
Irvine Patnick
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1994


text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas (Amendment) (No. 2) Regulations 1994 and shall come into force on 8th December 1994.
Amendment of the Dairy Produce Quotas Regulations 1994
2
The Dairy Produce Quotas Regulations 1994 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 13 (transfer of quota without transfer of land), in paragraph (2)(c)(i), after the words “the provisions of this regulation” there shall be inserted the words “(other than by a transfer in respect of which, pursuant to paragraph (7), he has been released from the undertaking referred to in subparagraph (d)(i))”.
4
In regulation 15 (temporary transfer of quota) —
a
at the beginning of paragraph (3) there shall be inserted the words “Subject to paragraph 3A,”; and
b
after paragraph (3) there shall be inserted the following paragraph: “(3A) In the quota year commencing on 1st April 1994, the notice described in paragraph (3) shall be submitted to the Intervention Board no later than 31st December 1994.”.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
14th November 1994
Hector Monro
Parliamentary Under–Secretary of State, Scottish Office
15th November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Downs Health National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 8th February 1994.
2
In this Order —
“the Authority” means the East Sussex Health Authority;
“the Trust” means the South Downs Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 24th June 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th February 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
11th January 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dudley Priority Health National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act( );
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Dudley Priority Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Dudley Priority Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Department of Psychiatry, Russells Hall Hospital, Busheyfields Road, Russells Hall, Dudley DY1 2LZ and associated hospitals;
b
to manage community health services provided from Ridge Hill, Brierley Hill Road, Stourbridge, West Midlands DY8 5ST and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
Dudley Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Dudley Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Dudley Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
28th January 1994


text:
Citation and commencement
1
This Order may be cited as the Newcastle Mental Health National Health Service Trust Dissolution Order 1994 and shall come into force on 1st April 1994.
Dissolution of NHS trust
2
The Newcastle Mental Health National Health Service Trust established by the Newcastle Mental Health National Health Service Trust (Establishment) Order 1990 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st March 1994


text:
1
This Order may be cited as the Finance Act 1994 (Appointed Day) Order 1994.
2
The day appointed as the day on which sections 59 and 60 of the Finance Act 1994 come into force is 1st October 1994.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
LONDON,
SE1 9PJ
6th July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Robert Jones and Agnes Hunt Orthopaedic and District Hospital National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 6th October 1994.
2
In this Order —
“the Authority” means the Shropshire Health Authority;
“the Trust” means the Robert Jones and Agnes Hunt Orthopaedic and District Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 22nd April 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
8th September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Middlesex Hospital National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 21st March 1994.
2
In this Order —
“the Authority” means the Kensington Chelsea and Westminster Health Authority;
“the Trust” means the Central Middlesex Hospital National Health Service Trust;
“the trust property” means the items specified in two schedules of trust property prepared by and agreed upon by the Authority and the Trust on 17th January 1994, which schedules have been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 21st March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st February 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Shropshire Hills) Designation Order 1994 and shall come into force on 6th April 1994.
Interpretation
2
1
In this Order —
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements of Schedule 5 as to public access;
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 6 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
“extensive permanent grassland” means permanent grassland which is receiving no or only minimal inputs of fertiliser or pesticides, including enclosed areas of rough grazing;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species;
“grazing unit” means an area of land on which stock management can be controlled by existing boundaries or by shepherding;
“heather” means common heather (Calluna vulgaris) and includes common heather growing in association with other ericaceous dwarf shrub species;
“heather moorland” means moorland comprised in a grazing unit where the area of heather is greater than 5 hectares or represents more than 25 per cent of the area of the unit;
“livestock unit” means —
1 bovine animal more than two years old;
1.66 bovine animals from six months old to two years old inclusive;
6.66 sheep; or
1 horse more than six months old;
“managed woodland” means an area of at least one hectare of woodland for which, within two years of the start of the agreement, the farmer or the woodland owner obtains pproval for a grant in connection with the management of the land for forestry purposes under section 1 of the Forestry Act 1979 ;
“meadowland” means land used for the production of hay or silage;
“moorland” means land covered by semi-natural upland vegetation and which is generally unenclosed except along ownership boundaries;
“permanent grassland” means grassland which has not been ploughed or reseeded for at least ten years, including meadowland;
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
“wetland” means land which is subject to regular flooding or which is waterlogged for the greater part of the year;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive areas
3
There is hereby designated as an environmentally sensitive area the area of land in the Shropshire Hills in the County of Shropshire which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of the Shropshire Hills environmentally sensitive area” dated 3rd March1994, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR.
Requirements included in an agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
5
An agreement may also include the requirements as to public access specified in Schedule 2 to this Order.
Breach of requirements
6
An agreement shall include provisions that —
a
in the event of a breach by the farmer of the requirements referred to in article 4 which are included in the agreement,the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
7
1
The Minister shall make payments under an agreement for land to which the agreement relates at the following rates —
a
£12 per annum for each hectare of land other than permanent grassland, extensive permanent grassland, moorland or woodland;
b
£30 per annum for each hectare of permanent grassland;
c
£40 per annum for each hectare of extensive permanent grassland;
d
£75 per annum for each hectare of moorland,
unless a higher rate is applicable in accordance with paragraph (3) below.
2
Where an agreement includes the requirements as to public access specified in Schedule 2 the Minister shall make payments at the rate of £170 per annum for each hectare of access route.
3
Where an agreement includes the additional provisions specified in Schedule 3 in relation to any moorland, the Minister shall make payments at the rate of £95 per annum for each hectare of that land.
4
Where an agreement includes the additional provisions specified in Schedule 4 in relation to any managed woodland, the Minister shall make payments at a rate of 25 per annum for each hectare of that managed woodland.
5
Where an agreement includes the additional provisions specified in Schedule 5, the Minister shall make payments at the rate per annum of £4 for each metre of stockproof or non-stockproof hedges per hectare, subject to a maximum of 2 metres of hedge per hectare per annum, and a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1 (less any moorland) which contains or is enclosed or partially enclosed by such hedges.
6
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the aggregate of the operations included in the plan at a rate not exceeding £100 per annum for each hectare of land to which the agreement relates, subject to a maximum of £4,000 for each such plan.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd March 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
We consent,
Timothy Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the the Education (Grant-maintained Special Schools) (Amendment) Regulations 1994 and shall come into force on 1st June 1994.
2
Any reference in these Regulations to the principal Regulations is a reference to the the Education (Grant-maintained Special Schools) Regulations 1994 .
Amendment of the principal Regulations
2
In regulation 2 of the principal Regulations (interpretation and general modification) —
a
in paragraph (1), the definition of “relevant particulars” shall be omitted; and
b
after paragraph (2) there shall be inserted —
3
Any reference, whether express or implied, in any enactment applied by these Regulations to another enactment so applied shall have effect as if it were a reference to the enactment as so applied.
.
3
In regulation 6 of the principal Regulations (approval, modification and implementation of proposals and incorporation of governing body) —
a
in paragraph (1), for “34” there shall be substituted “34(2) and (3)”; and
b
after paragraph (4) there shall be inserted —
5
Where the governing body of a grant-maintained special school are incorporated in accordance with section 186(3) of the 1993 Act, they shall be so incorporated under the name given in the proposals for the school to become a grant-maintained special school in pursuance of paragraph 4(1)(g) of Schedule 3 to the 1993 Act (as applied by regulation 5 above).
.
4
After regulation 8 of the principal Regulations (expenses in connection with proposals to become a grant-maintained special school) there shall be inserted —
Interpretation of provisions of Chapter II of Part II of the 1993 Act as applied by these Regulations
8A
1
Subject to the modifications set out in the following provisions of this regulation, section 37(2) to (5) of the 1993 Act shall apply in relation to proposals for a maintained special school to become a grant-maintained special school under these Regulations, and to the school to which those proposals relate, as they apply in relation to proposals for acquisition of grant-maintained status under Chapter II of Part II of the 1993 Act and to any school to which such proposals relate.
2
In section 37(4) —
a
in paragraph (b) —
i
after “teacher” there shall be inserted “or”, and
ii
“foundation or sponsor” shall be omitted; and
b
in paragraph (d), “foundation or sponsor” and the words following “that paragraph” shall be omitted.
.
5
In regulation 11(1) of the principal Regulations (“pending” procedure for becoming a grant-maintained special school), for the words “a grant-maintained special school as they apply in relation to other schools” there shall be substituted —
a maintained special school in relation to which the procedure for such a school to become a grant-maintained special school has been initiated and not terminated as they apply in relation to other schools in relation to which the procedure for acquisition of grant-maintained status is pending.
.
6
In regulation 13(2) of the principal Regulations (information to be given in notice of proposls for the establishment of new grant-maintained special schools), the words “for a primary school” and “and for a secondary school five” shall be omitted.
7
In Part 5 of the principal Regulations (government, conduct etc. of grant-maintained special schools), before regulation 16 there shall be inserted —
Initial governors for maintained special schools becoming grant-maintained special schools
15A
Paragraphs 1(1) and (2), 2 to 6 and 7(1) of Schedule 7 to the 1993 Act, and section 59 of that Act to the extent that it gives effect to those provisions, shall apply in relation to maintained special schools becoming grant-maintained special schools, subject to the following modifications —
a
in paragraph 1(1) of Schedule 7 —
i
for “This Schedule applies” there shall be substituted “Paragraphs 1(2), 2 to 6 and 7(1) of this Schedule apply”, and
ii
for “grant-maintained school” there shall be substituted “grant-maintained special school”;
b
in paragraph 1(2) of that Schedule, for “Part II of this Schedule applies” there shall be substituted “Paragaphs 5, 6 and 7(1) of this Schedule apply”;
c
in paragraph 5 of that Schedule —
i
at the beginning of sub-paragraph (2) there shall be inserted “Subject to sub-paragraph (4) below;”
ii
at the beginning of sub-paragraph (3) there shall be inserted “Subject to sub-paragraph (4) below”; and
iii
after sub-paragraph (3) there shall be inserted —
4
In the case of a school established in a hospital, if it is not reasonably practicable to appoint under section 71, or to appoint or nominate under section 74, of this Act a person who is a registered parent of a registered pupil at the school, then the person appointed or nominated must be a parent of one or more children of compulsory school age.
; and
d
in paragraphs 5(1), 6(1) and 7(1) of that Schedule, for “Chapter II” there shall be substituted “section 186(3)”.
.
8
In regulation 18(1) of the principal Regulations (determination and replacement of initial governors) —
a
the word “and” at the end of paragraph (b) shall be omitted; and
b
after paragraph (c) there shall be inserted —
and
d
in subsection (4), the words “or, as the case may be, foundation governor” shall be omitted.
.
9
1
At the end of regulation 19 of the principal Regulations (saving for defects and interpretation of sections 68 to 79 of the 1993 Act) there shall be inserted “and by paragraph (2) below”.
2
Regulation 19 of the principal Regulations shall become paragraph (1) of that regulation and there shall be inserted after that paragraph —
2
In section 80(4), for “section 56 of” there shall be substituted “paragraph 2 of Schedule 11 to”.
.
10
After regulation 22 of the principal Regulations (content of articles of government) there shall be inserted —
Duty to advertise for lay members for appeal committees
22A
Section 267 of the 1993 Act shall apply to the governing body of a grant-maintained special school as it applies to the governing body of a grant-maintained school.
.
11
For regulation 23 of the principal Regulations (funding) there shall be substituted —
23
Sections 81 to 95 of the 1993 Act shall apply to grant-maintained special schools and their governing bodies as they apply to grant-maintained schools and their governing bodies subject to the following modifications —
1
in section 83(5), paragraphs (a) and (b) and in paragraph (c) the words “in any other case” shall be omitted; and
2
section 93(1) shall have effect with the substitution, for the words after “the determination is made;” of the following words —
and the determination may apply this section in respect of —
a
all grant-maintained special schools in the area of the authority; or
b
such grant-maintained special schools in that area as may be ascertained by or in accordance with the determination; and
c
any grant-maintained special school outside the area of the authority which was maintained by the authority immediately before it became such a school.
.
12
In Part II of the Schedule to the principal Regulations (enactments applying to grant-maintained special schools: subordinate legislation), in section B —
a
in the entry in the left-hand column relating to the “Education (National Curriculum) (Attainment Targets and Programmes of Study in History) (Wales) Regulations 1991”, for “Regulations” there shall be substituted “Order”;
b
the entry relating to the Education (School Performance Information) (Wales) Order 1992 shall be omitted;
c
after the entry relating to the Education (National Curriculum) (Assessment Arrangements for English, Welsh, Mathematics and Science) (Key Stage 3)(Wales) Order 1993 there shall be inserted —
The Education (School Performance Information) (Wales) Regulations 1993 In regulation 10 for the reference to section 58(5)(j) of the Education Reform Act 1988 there shall be substituted a reference to the school’s articles of government
d
after the penultimate entry in the left-hand column there shall be inserted —
The Education (Grant-maintained Schools (Loans) Regulstions 1993 Regulation 2 shall not apply and for regulation 3(5) there shall be substituted “(5) In this regulation “the incorporation date” has the meaning assigned to it by section 183(8) or 186(3) of the Act, as the case may require.”
John Patten
Secretary of State for Education
2nd May 1994
John Redwood
Secretary of State for Wales
3rd May 1994


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1989 (Commencement No. 5) Order 1994.
2
In this Order references to “the Act” are references to the Social Security Act 1989.
Appointed day
2
The day appointed for the coming into force of —
a
the provisions of the Act specified in Part I of the Schedule to this Order, for the purposes only of giving effect to the provisions of the Act specified in Part II of that Schedule;
b
the provisions of the Act specified in Part II of the Schedule to this Order; and
c
section 23 of the Act in so far as it relates to the provisions specified in the Schedule to this Order,
is 23rd June 1994.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,
Department of Social Security
22nd June 1994


text:
Citation and commencement
1
These Regulations may be cited as the Housing Renovation etc. Grants (Prescribed Forms and Particulars) Regulations 1994 and shall come into force on 4th April 1994.
Interpretation
2
1
In these Regulations “ the Act ” means the Local Government and Housing Act 1989.
2
Any reference in these Regulations to a numbered form is a reference to the form bearing that number in Schedule 1 to these Regulations, or to a form substantially to the same effect.
Forms of Application for Grant
3
The forms of application for a grant prescribed under section 102(4) of the Act shall be as follows —
1
the form of application for a renovation grant shall be Form 1;
2
the form of application for a disabled facilities grant shall be Form 2;
3
the form of application for a common parts grant shall be Form 3;
4
the form of application for an HMO grant shall be Form 4.
Particulars for Application for Grant
4
The prescribed particulars to be contained in any application for a grant the form of which is prescribed by regulation 3 above are the particulars required by that form (other than those required by section 102(2) of the Act).
Revocation
5
The Regulations listed in Schedule 2 to these Regulations are hereby revoked.
Application of Regulations
6
These Regulations shall not have effect in relation to applications for a grant made before 4th April 1994.
Signed by authority of the Secretary of State
G.S.K. Young
Minister of State,
Department of the Environment
4th March 1994
John Redwood
Secretary of State for Wales
5th March 1994


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Council Tax (Transitional Reduction Scheme) (England) Regulations 1994 and shall come into force on 17th February 1994.
2
These Regulations shall apply in relation to billing authorities in England only.
Interpretation
2
1
In these Regulations, except insofar as the context otherwise requires —
“ the Act ” means the Local Government Finance Act 1992;
“the 1993 Regulations ” means the Council Tax (Transitional Reduction Scheme) (England) Regulations 1993 ;
“the Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disabilities Regulations ” means the Council Tax (Reductions for Disabilities) Regulations 1992 ;
“alternative valuation band”, in relation to a person who is an eligible person for the purposes of the Disabilities Regulations, means the alternative valuation band applicable in his case for the purposes of regulation 4 of those Regulations;
“discounted chargeable amount”, in relation to a person, a dwelling and a day, means the amount estimated by the relevant billing authority as that which the person would be liable to pay in respect of council tax as regards the dwelling and the day if his liability fell to be calculated solely by reference to section 10 of the Act or, as his circumstances require, that section read with section 11 of the Act: but in the application of this definition to a person who is an eligible person for the purposes of the Disabilities Regulations, the estimate shall be made as if in the definition of “A” in section 10 of the Act there were substituted for the reference to the valuation band listed for the dwelling a reference to the alternative valuation band;
“qualifying dwelling” means a dwelling which at the end of 31st March 1993 was the sole or main residence of any individual;
“relevant valuation band”, in relation to a dwelling, means the valuation band shown as applicable to the dwelling in the billing authority’s valuation list.
2
Any reference in these Regulations to a liable person is a reference to a person who is liable (whether his liability is sole or joint and several) to pay to a billing authority, in respect of a particular dwelling, an amount in respect of council tax, and includes, unless the context otherwise requires, a reference to a person who in the opinion of the authority will be so liable; and references to the amount which a person is liable to pay shall be construed accordingly.
Prescribed year
3
The financial year beginning on 1st April 1994 is prescribed as the year for which these Regulations apply.
Persons to whom these Regulations apply
4
A person is an eligible person for the purposes of these Regulations on a particular day if, as regards that day —
a
he is a liable person in respect of a qualifying dwelling; and
b
the dwelling is the sole or main residence of any individual.
Calculation of amount payable
5
1
Subject to paragraphs (2) and (3) below, the amount which an eligible person is liable to pay in respect of a qualifying dwelling and a day (unless the product of the formula described in sub-paragraph (b) is a negative amount) is an amount equal to the difference between —
a
the discounted chargeable amount; and
b
the amount found by applying the formula —
x - y z
where
x is the amount determined as mentioned in regulation 6(1)(b) of the 1993 Regulations as regards the dwelling for 1st April 1993;
y is the amount specified in column (2) of the following Table in relation to such valuation band shown in column (1) of that Table as for 1st April 1993 was —
i
in the case of a dwelling in respect of which, as regards 1st April 1993, a person was an eligible person both for the purposes of the 1993 Regulations and for the purposes of the Disabilities Regulations, the alternative valuation band;
ii
in the case of a dwelling in respect of which, as regards 1st April 1993, a person who was not an eligible person for the purposes of the Disabilities Regulations was an eligible person for the purposes of the 1993 Regulations, the relevant valuation band;
TABLE
(1) (2) Valuation band Amount £
A 67 B 77 C 87 D 97 E 107 F 117 G 127 H 137
and z is the number of days in the financial year.
2
Where the amount calculated as mentioned in paragraph (1)(b) above in respect of a day is greater than the discounted chargeable amount, the amount which an eligible person is liable to pay in respect of that day is nil.
3
Where a determination awarding council tax benefit under the Benefit Regulations is effective as regards a dwelling and a day in respect of which a person is an eligible person for the purposes of these Regulations, the amount which he is liable to pay in respect of that day shall be the amount ascertained in accordance with paragraph (1) above, less the amount of his council tax benefit for that day.
Supply of information by individuals
6
A billing authority may, for the purpose of considering whether these Regulations apply to any person, by written notice request that person to furnish to the authority within such period as it may reasonably specify, not beingless than 21 days, such information specified in the notice as it may reasonably request of that person to assist it in considering that question.
Appeals
7
1
Where a billing authority makes a decision relating to the application or operation of these Regulations in relation to an individual, the authority shall, if requested in writing by the person so affected, provide him with a written statement of its decision and the reasons for it; and any such statement shall be dated and shall be sent within 14 days from the date on which it is requested or as soon as is reasonably practicable thereafter.
2
No appeal may be made to a valuation tribunal in respect of any decision of a billing authority relating solely to the application or operation of these Regulations: but a person aggrieved by such a decision may appeal to a review board appointed by the billing authority and constituted as mentioned in regulation 70(3) of the Benefit Regulations.
Notice of Appeal
8
An appellant shall give notice of appeal in writing to the billing authority.
Procedure for appeals
9
1
Regulations 71(2) to (9) and 72(4) and (5) of the Benefit Regulations shall apply with the necessary modifications for the purposes of an appeal under these Regulations as they apply for the purposes of a further review.
2
A billing authority shall comply with any decision of its review board.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
26th January 1994


text:
THE SOLICITORS (DISCIPLINARY PROCEEDINGS) RULES 1994
1
A
These Rules may be cited as the Solicitors (Disciplinary Proceedings) Rules 1994 and shall come into force on the 1st day of March 1994 whereupon the Solicitors (Disciplinary Proceedings) Rules 1985 shall cease to have effect.
B
In these Rules the following words have the following meanings:
i
“solicitor’s clerk” a person who is or was employed or remunerated by a solicitor or by a firm of solicitors as a clerk and is or was not himself a solicitor at the relevant time.
ii
“the Clerk” the Clerk to the Tribunal or any deputy or person appointed by the Tribunal (whether temporarily or otherwise) to perform the duties of that office.
iii
“an Application” an originating written requirement (in one of the forms set out in the First Schedule hereto and where requisite supported by a statement) that proceedings be commenced before the Tribunal.In these Rules an “Application” covers also a “complaint” to which reference is made in the Act.
iv
“the applicant” the person or body making the Application.
v
“the respondent” any party to the Application who is not the Applicant.
vi
“the Society” the Law Society.
vi
“the Act” The Solicitors Act 1974 (as amended by the Administration of Justice Act 1985 and the Courts and Legal Services Act 1990 ).
viii
“a division of the Tribunal” three members of the Tribunal sitting to hear and determine an application.
C
Other expressions in these Rules have the meanings assigned to them in the Act and the Regulations made thereunder.
D
The Interpretation Act 1978 applies to these Rules in the same manner as it applies to an Act of ParliaMent.
E
The Clerk shall be a Solicitor of the Supreme Court of Judicature.
F
The forms referred to in these Rules by number are set out in the First Schedule hereto.
G
A summary of time limits prescribed by these Rules is set out in the Second Schedule hereto.
PART I
Constitution of the Tribunal
2
The Tribunal shall elect a solicitor member of the Tribunal to be its President.To be eligible for election a solicitor member shall be proposed by a member and seconded by two other members and shall be elected if he obtains a simple majority of the votes cast.
3
For the hearing and determination by a division of the Tribunal of any Application in accordance with the provisions of these Rules, a solicitor member of the Tribunal (so appointed by the President) shall act as its Chairman, provided that, in the absence of such appointment, a solicitor member shall act as Chairman.
PART II
Applications.
4
Applications and Forms
1
a
An Application to the Tribunal:
i
To strike the name of a solicitor off the Roll of Solicitors, or
ii
To strike the name of a registered foreign lawyer off the Register of Foreign Lawyers maintained by the Society, or
iii
Making allegations against a solicitor, a former solicitor, or a registered foreign lawyer, or
iv
Making an allegation against a Recognised Body shall be in Form 1.
b
An Application to the Tribunal to make an order under Section 43(2) of the Act with respect to a solicitor’s clerk shall be in Form 2.
c
An Application to the Tribunal seeking restoration to the Roll or for the revocation of an order made pursuant to Section 43(2) of the Act or by a former registered foreign lawyer seeking to be restored to the Register of Foreign Lawyers shall be by affidavit in Form 3.
d
An Application to the Tribunal by a solicitor who has been suspended from practice or a registered foreign lawyer suspended from the Register of Foreign Lawyers to have that period of suspension terminated shall be by affidavit in Form 4.
e
An Application that a direction be made by the Tribunal that a direction made by the Society in respect of a solicitor in respect of inadequate professional services be treated for the purposes of enforcement as if it were contained in an order of the High Court shall be in Form 1.
Statements
2
Applications made under this Rule shall be supported by a written statement setting but the allegations in Applications made under Paragraph (1)(a)(i)(ii)(iii)(iv), (b) or (e) and setting out a summary of the facts in support of all Applications.
Copies
3
The applicant shall supply five copies of the originating Application and statement to the Clerk with an additional copy for any second or further respondent.
Preliminary Consideration of Application
4
i
An Application under Rule 4(1)(a)(i)(ii)(iii)(iv) and (b) shall be considered by a solicitor member of the Tribunal who shall certify whether a prima facie case is established in which event the procedure set out in Part III shall apply.
ii
Where in the opinion of the solicitor member no prima facie case is established the Application shall be considered by another solicitor member and a lay member of the Tribunal and where in their opinion no prima facie case is established, the Tribunal may dismiss the Application without requiring the respondent to answer the allegations and without hearing the applicant.If required so to do by either party, the Tribunal shall make a formal order dismissing the Application.
iii
If in the opinion of the solicitor member of the Tribunal the respondent should be given the opportunity of making representations as to whether or not a prima facie case is established, then the Clerk will serve a copy of the Application upon the respondent inviting him to make such representation in writing within l4 days and the solicitor member will after considering the same certify that a prima facie case is or is not established, or require oral representations to be made by the parties to him sitting in private before so certifying.
The Parties
5
i
In the case of an Application of the nature specified in Rule 4(1)(a)(i)(ii)(iii)(iv) and (e) the parties to the Application shall be the applicant and the respondent.
ii
In the case of an Application of the nature specified in Rule 4(1)(b) the parties shall be the Society (or its representative), who shall be the applicant in every such case, the respondent and, if the Tribunal so direct, any solicitor by whom the solicitor’s clerk was employed either at the time of the commission of any offence mentioned in Section 43(1) of the Act of which it is alleged the solicitor’s clerk has been convicted, or at the time of any such act or default as is mentioned in Section 43(1)(b) of the Act to which it is alleged that the solicitor’s clerk has been a party.
iii
In the case of an Application of the nature specified in Rule 4(1)(c) and (d) the parties shall be the applicant and the Society (in these cases the Society shall be the respondent to the Application).
Notice
6
In the case of an Application of the nature specified in Rule 4(1)(c) and (d), the Tribunal may if it thinks fit require the applicant or the respondent to give notice of the Application and of the day fixed for the hearing by advertisement or otherwise as it may direct.
Third Party Objectors
7
If any person desires to object to an Application made pursuant to Rule 4(1)(c) or (d) he shall give notice in writing to the applicant, the Society and the Clerk at least 10 days before the date fixed for the hearing specifying the grounds of his objection.The Tribunal may allow such objector to appear at the hearing and call evidence or make representations (or both) and require him to be cross examined thereon.
Foreign Lawyers Assisting the Tribunal
8
The Tribunal may (either upon granting an application by either party or of its own motion) be assisted in connection with any Application made under Rule 4(1)(a)(ii)(iii), (c) or (d), relating to a registered foreign lawyer or a former registered foreign lawyer, by a member of the legal profession in the jurisdiction by reference to which the foreign lawyer is or was qualified in such manner as the Tribunal shall think fit.Such application by either party to be made not later than 21 days before the date of the hearing. The Tribunal’s decision in that regard (whether following an application or made of its own motion) to be notified to the parties not later than 14 days before the hearing.
PART III
General
5
Before fixing a day for any hearing the Tribunal may require the applicant to supply such further information and documents and copies thereof relating to the Application as it thinks fit.
6
Upon the receipt of an Application and after the finding by the Tribunal of a prima facie case where these Rules require the Tribunal shall fix a day for the hearing and the Clerk shall serve notice thereof on the parties at least 42 days before the date of the hearing.The Clerk shall give notice to the respondent in Form 5 and a copy shall be sent to the applicant.
7
1
Service of an Application and statement or affidavit pursuant to the provisions of Rules 4 and 6 shall be:
i
personally, or
ii
by first class post with Recorded Delivery and Advice of Delivery, in the case of a solicitor, to his last known place of business appearing in the Register (commonly known as the Practising Roll kept by the Society) or to his last known place of abode and in every other case to the last known place of business or abode of the person to be served and such service shall be deemed to have been effected on the second business day after the letter was despatched, or
iii
in such other manner as the Tribunal may direct.
2
Any notice or document other than an Application and statement or affidavit in support may as well as being served under the provisions of part (1) of this Rule also be served
i
by leaving the document at an address prescribed in part
1
of this Rule
ii
where a solicitor either agrees to accept service through a document exchange or advertises a document exchange number on his letter heading, by leaving the document at that document exchange or at a document exchange that transmits documents every business day to that document exchange.In this Rule “Document Exchange” means any document exchange for the time being approved by the Lord Chancellor for the purposes of Order 65, Rule 7, of the Rules of the Supreme Court.Any document so left shall be deemed to have been served on the second business day following the day on which it is left.
8
The Tribunal may in its discretion require the parties to attend before it or at its offices before the Clerk for a pre-hearing review to facilitate the listing of the hearing of any Application.
9
The Tribunal may of its own motion or upon the application of any party adjourn or postpone the hearing upon such terms as the Tribunal may think fit.
10
The Tribunal may give directions to the parties.Set out in the Second Schedule to these Rules is a summary of time limits contained in the Rules which shall apply to all Applications unless in a particular Application the Tribunal at the request of any party or of its own motion amends or adds to them.
11
Each party shall furnish to the Clerk and to every other party at least 21 days before the day fixed for the hearing, unless the Tribunal direct otherwise, a paginated bundle of copies of all documents on which he intends to rely unless the documents intended to be relied upon have been exhibited to the statement in support of the application or to any affidavit filed with the Tribunal.
12
Prior to the hearing any party may inspect the documents included in a bundle furnished by any other party three days after notifying that other party of that requirement.
13
a
Subject to paragraphs (b) (c) of this Rule the Tribunal shall hear all Applications in public.
b
Any party applying that a hearing shall be in private shall notify the Clerk and the other party to the proceedings at least 21 days before the date fixed for the hearing and unless at least 10 days before that date any other party to the proceedings objects thereto the Tribunal may consent to hear the Application in private.In the event of an objection the Tribunal shall at the hearing determine in private whether the hearing is to be in public or in private.
c
Notwithstanding paragraphs (a) (b) of this Rule if it appears to the Tribunal that any person would suffer undue prejudice from a public hearing or that for any other reason the circumstances and nature of the case make a public hearing undesirable the Tribunal may direct that the public shall be excluded either from the whole or any part of the hearing.
14
a
An applicant may file a supplementary statement containing further allegations and/or a summary of the facts in support of the application at any time after the service of the original Application but not later than 30 days before the date fixed for the hearing when the procedure set out in Rule 4(3)(4)(7) and
8
shall be followed.The Tribunal shall notify the applicant that a prima facie case has been established thereby and the applicant shall serve the same upon the respondent.
b
If upon the hearing it shall appear to the Tribunal that the written allegations or statement require to be amended or added to, the Tribunal may permit such amendment or addition and may note any correction of the subject matter of any affidavit.If in the opinion of the Tribunal such amendment, addition or correction shall be such as to take any party by surprise so as to prejudice the conduct of his case the Tribunal shall grant an adjournment of the hearing upon such terms as to costs or otherwise as the Tribunal shall think fit.
15
In the discretion of the Tribunal:
a
a tape recording of the proceedings may be made on behalf of the Tribunal and a copy of such recording will be made available to any party to the proceedings who requests one within three months of the hearing day and reimburses the Tribunal with the cost of supplying the same.
b
the Tribunal may order that a shorthand or stenographic note of the proceedings be taken and the shorthand writer shall if required supply to any party to the proceedings a copy of the transcript of such notes on payment of his charges.
c
if no tape-recorded, shorthand or stenographic note be taken of the proceedings the Chairman of the Tribunal shall take a note of the proceedings and a copy of such note will be made available to any party to the proceedings who requests one within three months of the hearing day and reimburses the Tribunal with the cost of supplying the same.
16
The Civil Evidence Acts 1968 and 1972 shall apply in relation to proceedings before the Tribunal in the same manner as they apply in relation to civil proceedings:
a
Any notice given pursuant to the provisions of the Civil Evidence Acts shall be given not less than 21 days before the date fixed for the hearing of an Application.
b
Any Counter-notice shall be given not less than 10 days before the date fixed for the hearing.
17
a
Not less than 28 days before the date fixed for the hearing of an Application the applicant may (in writing) require the other party to indicate to the applicant within 14 days of the receipt of such requirement which of any facts set out in the statement or affidavit submitted in support of the Application are in dispute.Failure to reply to such a notice shall be material only in relation to the question of costs.
b
Any party may by notice in writing at any time not later than nine days before the day fixed for the hearing call upon any other to admit any document and if such other party desires to challenge the authenticity of the document he shall within six days after service of such notice give notice that he does not admit the document and requires it to be proved at the hearing.
c
If such other party refuses or neglects to give notice of non-admission within the time prescribed in the last preceding paragraph he shall be deemed to have admitted the document unless otherwise ordered by the Tribunal.
d
Where a party gives notice of non-admission within the time prescribed by paragraph (b) of this Rule and the document is proved at the hearing, the costs of proving the document shall be paid by the party who has challenged the document whatever the Order of the Tribunal may be unless in their Findings the Tribunal shall find that there were reasonable grounds for not admitting the authenticity of the document.
e
Where a party proves a document without having given notice to admit under paragraph (b) of this Rule no costs of proving the document shall be allowed on taxation unless otherwise directed by the Tribunal except where the omission to give notice to admit was in the opinion of the Taxing Master a saving expense.
18
a
The Tribunal may in its discretion either as to the whole case or as to any particular fact or facts proceed and act upon evidence given by affidavit.
b
Every affidavit upon which any party proposes to rely shall be filed with the Clerk and served upon the opposing party not less than 21 days before the date fixed for the hearing of the Application together with a notice in Form 9 in the Schedule hereto.
c
Any party on whom such a notice has been served who requires the attendance at the hearing of a deponent to any affidavit shall not less than lO days before such date require in writing the other party to produce the deponent at the hearing.
d
In the event of any party not requiring the attendance of a deponent in accordance with the provisions of this Rule the Tribunal may accept such affidavit in evidence.
e
If a deponent who has been required to attend in accordance with the provisions of these Rules does not attend the hearing the onus shall be on the party seeking to rely on the affidavit evidence of that witness to show why the affidavit should be accepted in evidence.
f
If any party should wish to call as a witness any person who has not deposed to an affidavit to give evidence he must within 10 days of the date fixed for the hearing notify the Clerk and the other party or parties and provide a written proof of evidence to the other party and four copies to the Clerk.
19
A subpoena issued in the High Court of Justice under section 46(11) of the Act shall be in one of either Forms 7 or 8 as shall be appropriate.
20
If any party fails to attend in person or be represented at the hearing the Tribunal may, upon proof of service upon such party of the notice of hearing, proceed to hear and determine the application in his absence.
21
If at the conclusion of the hearing of an Application the Tribunal find any of the allegations made against the respondent to have been substantiated they shall so inform him.The Clerk shall then refer the Tribunal to any previous disciplinary proceedings in which any allegation has been substantiated against him so that the respondent may then have the opportunity to speak in mitigation, and where appropriate, in respect of costs.
22
Upon the hearing or determination of any Application the Tribunal may in the case of an application against a solicitor, former solicitor, or registered foreign lawyer without finding any allegation of unbefitting conduct proved against the respondent or in the case of an application in respect of a solicitor’s clerk, without making any Order under section 43(2) of the Act nevertheless order any party to pay the costs if having regard to his conduct or to all the circumstances, or both, the Tribunal shall think fit.
23
Upon the conclusion of the hearing or determination of any Application the Tribunal may announce its Order while still sitting in which case the Order may be filed immediately with the Society, and the Findings shall be filed later as if judgment had been reserved, or it may reserve judgment in which case it shall announce its Findings and Order in public at a later date notice whereof shall be given to the parties by the Clerk.The Clerk shall on the day of pronouncement file the Order, or the Findings, or both, with the Society.The Clerk shall supply a copy of the Findings and Order to each party to the proceedings and to any other person present at the pronouncement who requests one.
24
a
The Tribunal shall have power upon the application of a party against or with respect to whom it has made an Order to suspend the filing thereof with the Society.
b
Where the filing of an Order is suspended under this Rule the Order shall not take effect until it is filed with the Society and if the Order is an Order that a solicitor be suspended from practice the period of suspension shall be deemed to commence on the date of the filing of the Order with the Society or on such later date (if any) specified in the Order.
25
At any time before the filing of the Tribunal’s Findings and Order with the Society, or within one calendar month of such filing, if he has neither attended in person nor been represented at the hearing and the Tribunal has determined the Application in his absence, the respondent may apply to the Tribunal for a re-hearing in Form 6 in the First Schedule hereto supported by an affidavit setting out the facts upon which he wishes to rely.If satisfied that it is just so to do, the Tribunal may grant the application upon such terms as it thinks fit.The re-hearing shall be before a division of the Tribunal different from that which heard the original Application.
26
All statements and affidavits shall be filed and kept by the Clerk. The Tribunal may order that any books, papers or exhibits produced or used at a hearing shall be retained by the Clerk until the time within which an appeal may be entered has expired, and, if notice of appeal is given, until the appeal is heard or otherwise disposed of.
27
In the case of an Application in respect of a solicitor’s clerk the Tribunal may on the application of any party or on their own motion order that any such Application shall be heard before, together with, or after the hearing of an Application to require a solicitor by whom the clerk is or was employed to answer allegations.
28
a
The Tribunal may at any stage of the proceedings against a Solicitor, Former Solicitor or Registered Foreign Lawyer in which the application is not made on behalf of the Society refer the case to the Society for consideration by the Adjudication and Appeals Committee of the Solicitors Complaints Bureau (or such other appropriate body or committee as the Society might decide) and may adjourn the application pending the consideration thereof by that Committee in case it should see fit to lodge a further application against the respondent or to undertake on behalf of the original application the prosecution of his application.
b
The Tribunal shall inform the Society, or the Solicitors Complaints Bureau, or both, (or such other appropriate body or committee as the Society might decide) at any stage of the proceedings relating to a solicitor, whether or not its decision has been pronounced, if it is of the opinion that the Society should consider whether to take any of the steps set out in the Courts & Legal Services Act 1990 (Schedule 15) relating to inadequate professional services.
29
No Application shall be withdrawn without the consent of the Tribunal.
30
i
In proceedings before the Tribunal which involve the decision of another court or tribunal, the following rules of evidence shall apply provided that it is proved in each case that the decision relates to the relevant party to the Application.
a
conviction of a criminal offence may be proved by producing a certified copy of the certificate of conviction relating to the offence; proof of a conviction shall constitute prima facie evidence that the relevant party to the Application was guilty of the offence the subject thereof.
b
the finding and sentence of any tribunal in or outside England and Wales exercising a professional disciplinary jurisdiction may be proved by producing a certified copy of the finding and sentence.
c
the judgment of any civil court may be proved by producing a certified copy of the judgment.
ii
In any case set out in paragraph (i) of this Rule, the findings of fact by the court or tribunal upon which the conviction, finding, sentence or judgment is based shall be admissible as prima facie proof of those facts.
iii
At the discretion of the Tribunal the strict rules of evidence shall not apply at any hearing before the Tribunal.
31
a
Subject to the provisions of these Rules the Tribunal may regulate its own procedure.
b
The Tribunal may dispense with any requirements of these Rules in respect of notices, affidavits, witnesses, service or time in any case where it appears to the Tribunal to be just so to do.
Dated this 21st day of January 1994
G. B. Marsh
D. Leverton
R. P. L. McMurtrie
Approved: T. H. Bingham
Thomas Bingham M.R.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Amendment Order 1994 and shall come into force for the purposes of this article, and articles 4 and 5(3) on 28th March 1994 and for all other purposes on 11th April 1994.
2
In this Order, “the principal Order ” means the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983.
Amendment of article 18 of the principal Order
2
In article 18 of the principal Order (unemployability allowances) in paragraph (2) for the amount “£2,184” there shall be substituted the amount “£2,236”.
Amendment of article 67 of the principal Order
3
In article 67 of the principal Order (review of decisions, assessments and awards) —
a
in paragraphs (1) and (2) for the reference to paragraph “(7)” there shall be substituted the reference “(6A)”;
b
after paragraph (6) there shall be inserted the following paragraph —
6A
Subject to the provision in paragraph (7), nothing in this article shallbe taken to authorise the review of any assessment or decision made, given, or upheld by the Pensions Appeal Tribunal under section 8 of the War Pensions (Administrative Provisions) Act 1919 or the Pensions Appeal Tribunals Acts 1943 and 1949 .
; and
c
for paragraph (7) there shall be substituted the following paragraph —
7
Any assessment made, given or upheld by the Pensions Appeal Tribunal under the Pensions Appeal Tribunals Acts 1943 and 1949 may be reviewed and revised by the Secretary of State where he is satisfied by fresh medical evidence of a deterioration in the disablement in respect of which the assessment was made.
.
Insertion of articles 67A, 67B and 67C into the principal Order
4
After article 67 of the principal Order (review of decisions, assessments and awards) there shall be inserted the following articles —
Suspension in individual cases Pensions Appeal Tribunal
67A
1
Where it appears to the Secretary of State that a question arises whetheran appeal ought to be brought against the decision of a Pensions Appeal Tribunal, he may, subject to paragraph (2), direct that payment of a pension or gratuity in accordance with that decision be suspended, in whole or in part, pending the determination of that question on appeal.
2
Where it appears to the Secretary of State that a question arises under paragraph (1), he may only give directions that payment of the pension or gratuity in accordance with that decision be suspended within the relevant period.
3
A suspension under paragraph (1) shall cease unless, within the relevant period, the person awarded the pension or gratuity by virtue of the decision (“the pensioner”) is given notice in writing that an application for leave to appeal has been made against that decision.
4
Subject to paragraph (5), where the pensioner has been given notice within the relevant period that an application for leave to appeal against a decision of a Pensions Appeal Tribunal has been made, the suspension may continue until that application for leave to appeal and, where leave has been granted, any subsequent appeal is determined.
5
Where an application for leave to appeal against a decision of a Pensions Appeal Tribunal is made to a Pensions Appeal Tribunal and that application is refused, the suspension shall cease unless the Secretary of State, within a period of 28 days beginning with the date on which notice in writing of the decision of the Pensions Appeal Tribunal refusing leave to appeal is received by him, makes a further application for leave to appeal, and, if he has so applied, the suspension may continue until that application for leave to appeal and any subsequent appeal is determined.
6
Where, on an appeal against a decision of a Pensions Appeal Tribunal, the court remits the matter for rehearing and determination by a Pensions Appeal Tribunal, the appeal is not determined for the purposes of paragraphs (4) and (5) until the matter remitted for rehearing has been determined.
7
A pensioner is to be treated as having been given the notice required by paragraph (3) on the date that it is posted to him at his last known address.
8
In this article —
a
“appeal” means an appeal under section 6(2) of the Pensions Appeal Tribunals Act 1943 ;
b
“application for leave to appeal” means an application for leave to appeal in the proceedings referred to in sub-paragraph (a) above, and, in England and Wales, an application for leave to appeal under Order 101, rule 3 of the Rules of the Supreme Court 1965 , in Scotland under rule 285 of the Act of Sederunt (Rules of Court, consolidation and amendment) 1965 or, in Northern Ireland, under Order 101, rule 2 of the Rules of the Supreme Court (Northern Ireland) 1980 ;
c
“relevant period” means the period of one month beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State.
Suspension in individual cases courts
67B
1
Where it appears to the Secretary of State that a question arises whether an appeal ought to be brought against the decision of a court, he may, subject to paragraph (2), direct that payment of the pension or gratuity in accordance with that decision be suspended, in whole or in part, pending the determination of that question on appeal.
2
Where it appears to the Secretary of State that a question arises under paragraph(1), he may only give directions that payment of the pension or gratuity in accordance with that decision besuspended within the relevant period.
3
A suspension under paragraph (1) shall cease unless, within the relevant period, the person awarded the pension or gratuity by virtue of the decision (“the pensioner”) is given notice in writing that an application for leave to appeal has been made against that decision.
4
Where the pensioner has been given notice within the relevant period that an application for leave to appeal has been made, the suspension may continue until that application for leave to appeal and any subsequent appeal is determined.
5
A pensioner is to be treated as having been given the notice required by paragraph (3) on the date that it is posted to him at his last known address.
6
In this article —
a
“appeal” means —
i
in England, Wales and Northern Ireland an appeal to the Court of Appeal or, in Scotland, a reclaiming motion to the Inner House of the Court of Session, against the determination of an application for judicial review;
ii
in England, Wales and Northern Ireland an appeal to the House of Lords against a decision of the Court of Appeal in an application referred to in head (i) above, or in Scotland, an appeal to the House of Lords against a decision of the Inner House of the Court of Session in a reclaiming motion in an application referred to in head (i) above;
b
“application for leave to appeal” means an application or petition for leave to appeal as the case may be in the proceedings referred to in heads (i) and (ii) of sub-paragraph (a) above;
c
“relevant period” means the period of three months beginning with the date on which notice in writing of the decision in question and of the reasons for it is received by the Secretary of State.
Suspension in other cases
67C
1
Where it appears to the Secretary of State that —
a
an appeal has been brought or a question arises whether an appeal ought to be brought against a decision of a court in relation to a case (“the primary case”); and
b
if such an appeal were to be allowed a question would arise in relation to another case (“the secondary case”) whether the award of pension or gratuity in that case ought to be reviewed,
he may direct that payment of the pension or gratuity under the award in the secondary case be suspended, in whole or in part —
i
until the time limit for making an application for leave to appeal in the primary case has expired; or
ii
if such an application is made, until such time as that application and any subsequent appeal has been determined, whichever is the later.
2
In this article the expressions “appeal” and “application for leave to appeal” have the same meanings as they have in article 67B.
.
Amendment of Schedules to the principal Order
5
1
In Schedule 1 to the principal Order (rates of retired pay, pensions, gratuities and allowances) —
a
for the Table in Part II there shall be substituted the Table set out in Schedule 1 to this Order;
b
for Tables 1 and 2 of Part III there shall respectively be substituted the Tables set out in Schedules 2 and 3 to this Order; and
c
for Part IV there shall be substituted the Part set out in Schedule 4 to this Order.
2
In Schedule 2 to the principal Order (rates of pensions and allowances in respect of death) —
a
for Tables 1, 2, 3, 4 and 5 of Part II there shall be substituted the Tables set out in Schedule 5 to this Order;
b
for Part III there shall be substituted the Part set out in Schedule 6 to this Order.
3
In Schedule 4 to the principal Order for item 27 of Part II of Schedule 4 there shall be substituted the following item —
27
“injury” includes wound or disease but excludes any injury due to —
a
the use or effects of tobacco; or
b
the consumption of alcohol;
except that paragraph (a), in so far as it relates to the use of tobacco, and paragraph (b) above shall not apply where the person suffers from a mental condition which is attributable to service if —
i
the degree of disablement in respect of that condition has been assessed at 50% or more; and
ii
he started or continued to use tobacco or to consume or continue to consume alcohol due to that condition:
.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Reservoirs (Panels of Civil Engineers) (Application Fees) (Amendment) Regulations 1994, and shall come into force on 1st July 1994.
Application fees
2
Regulation 2(2) of the Reservoirs (Panels of Civil Engineers) (Applications and Fees) Regulations 1992 shall be amended as follows —
a
in paragraph (a), for “£200” substitute “£230”;
b
in paragraph (b), for “£160” substitute “£185”;
John Selwyn Gummer
Secretary of State for the Environment
17th May 1994
John Redwood
Secretary of State for Wales
25th May 1994
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
8th June 1994


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


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Simplified Planning Zones) (Amendment) Regulations 1994 and shall come into force on 8th March 1994.
Interpretation
2
In these Regulations, “the principal Regulations ” means the Town and Country Planning (Simplified Planning Zones) Regulations 1992 .
Amendment of interpretation regulation
3
In regulation 2 of the principal Regulations —
a
before the definition of “by advertisement” insert —
“the 1990 Act ” means the Town and Country Planning Act 1990;
;
b
after the definition of “by local advertisement” inser —
“designated area” has the meaning given by section 170(2) of the Leasehold Reform, Housing and Urban Development Act 1993 ;
;
c
after the definition of “scheme” delete “and” and insert —
“Urban Regeneration Agency” means the Urban Regeneration Agency established by section 158(1) of the Leasehold Reform, Housing and Urban Development Act 1993; and
.
Consultation and notification before depositing proposals
4
In regulation 3(1) of the principal Regulations —
a
in paragraph (c), at the end, delete “and”;
b
in paragraph (d), for “scheme” substitute “scheme; and”; and
c
after paragraph (d), insert —
e
the Urban Regeneration Agency in respect of any designated area which is likely to be affected by the scheme.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
4th February 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
4th February 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Home Energy Efficiency Grants (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
2
In these Regulations, “the principal Regulations ” means the Home Energy Efficiency Grants Regulations 1992 .
Amendment of the principal Regulations
2
1
The principal Regulations are amended in accordance with the following paragraphs.
2
For sub-paragraph (b) of regulation 3(1) substitute —
b
who at the time of making the application has, or lives with a spouse who has, attained the age of 60 or is, or lives with a spouse who is, in receipt of disability living allowance (as provided for in Part III of the 1992 Act) or council tax benefit, disability working allowance, family credit, housing benefit or income support (each as provided for in Part VII of the 1992 Act).
.
3
At the end of paragraph (2) of regulation 3 insert —
and
d
references to the 1992 Act are references to the Social Security Contributions and Benefits Act 1992 .
.
4
In sub-paragraph (d) of regulation 4(3) for the words “or section 15 of the Act” insert —
and
e
state that no payment in respect of the works which are the subject of the application is being applied for or has been made under section 15 of the Act, except where —
i
the works which were the subject of an application (in this regulation referred to as “the original application”) have not been carried out to comply with the standards referred to in regulation 5(2),
ii
the applicant did not in the original application state that he would himself carry out the works, and
iii
the applicant has taken all reasonable steps (which he shall specify) to secure the carrying out of the works in accordance with those standards by the person who was specified in the original application as the person who was to carry out the works.
.
5
After regulation 10 insert —
Condition subject to which grant is made
10A
Grant shall be paid subject to the condition that the grant is to be repaid on demand to the administering agency by the person to whom it was paid where —
a
the work was not carried out, or
b
the work carried out did not comply with the standards referred to in regulation 5(2).
.
6
In paragraph (3) of regulation 15 after the word “be” insert “suspended or” and omit the words “with the approval of the Secretary of State”.
Signed by authority of the Secretary of State.
Robert Atkins
Minister of State,
Department of the Environment
8th March 1994
We consent,
T F J Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit (Supply of Information) and Council Tax Benefit (General) Amendment Regulations 1994 and shall come into force on 1st September 1994.
Amendment of the Housing Benefit (Supply of Information) Regulations 1988
2
1
The Housing Benefit (Supply of Information) Regulations 1988 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (interpretation)–
a
for the definition of “claimant” there shall be substituted the following definition–
“claimant” means a person by whom or in respect of whom a claim for housing benefit has been made;
;
b
after the definition of “claimant” there shall be inserted the following definition–
“family” has the meaning assigned to it in section 137(1) of the Social Security Contributions and Benefits Act 1992 ;
.
3
In regulation 2(1)(k) (information to be supplied by the Secretary of State to an authority)–
a
in head (i) for the words “calculation and recovery” there shall be substituted the words “detection, investigation, calculation, recovery and prevention”;
b
in head (ii) for the words “the investigation” there shall be substituted the words “the detection, investigation”.
4
a
Regulation 3 (information to be supplied by an authority to the Secretary of State) shall be renumbered paragraph (1) of regulation 3.
b
In sub–paragraph (c) of paragraph (1) of regulation 3–
i
in head (i) for the words “calculation and recovery” there shall be substituted the words “detection, investigation, calculation, recovery and prevention”;
ii
in head (ii) for the words “the investigation” there shall be substituted the words “the detection, investigation”;
iii
in head (iii) the full stop shall be replaced by a comma;
iv
after head (iii) there shall be added the words–
including, in so far as it is required by the Secretary of State for any such purpose, any of the information specified in paragraph (2) (“the specified information”).
.
c
After paragraph (1) of regulation 3 there shall be added the following paragraph–
2
The specified information referred to in paragraph (1) is–
a
the name, date of birth, national insurance number and sex of any claimant and of any member of the claimant’s family;
b
the address of any claimant and any previous address of his during the 3 years preceding the date on which such information is supplied;
c
whether the claim of any claimant has been determined and, if so, whether housing benefit has been awarded;
d
where the claimant is entitled to housing benefit, the manner in which it is paid to him;
e
where a claimant has a bank account or building society account, particulars of that account;
f
the name and address of any employer of a claimant;
g
particulars of the income and capital of any claimant and of any member of the claimant’s family;
h
the name and address of the landlord of any claimant and of any agent acting on behalf of the landlord in respect of the management of the dwelling which the claimant occupies as his home.
.
Amendment of the Council Tax Benefit Regulations
3
1
The Council Tax Benefit (General) Regulations 1992 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 92 (information to be supplied by the Secretary of State to an appropriate authority)–
a
in sub–paragraph (k) of paragraph (1)–
i
in head (i) for the words “calculation and recovery” there shall be substituted the words “detection, investigation, calculation, recovery and prevention”;
ii
in head (ii) for the words “the investigation” there shall be substituted the words “the detection, investigation”;
b
in paragraph (2) after the words “in this regulation” there shall be added the words “and in regulation 93”.
3
a
Regulation 93 (information to be supplied by an appropriate authority to the Secretary of State) shall be renumbered paragraph (1) of regulation 93.
b
In sub–paragraph (c) of paragraph (1) of regulation 93–
i
in head (i) for the words “calculation and recovery” there shall be substituted the words “detection, investigation, calculation, recovery and prevention”;
ii
in head (ii) for the words “the investigation” there shall be substituted the words “the detection, investigation”;
iii
in head (iii) the full stop shall be replaced by a comma;
iv
after head (iii) there shall be added the words–
including, in so far as it is required by the Secretary of State for any such purpose, any of the information specified in paragraph (2) (“the specified information”).
.
c
After paragraph (1) of regulation 93 there shall be added the following paragraph–
2
The specified information referred to in paragraph (1) is–
a
the name, date of birth, national insurance number and sex of any person and of any member of his family;
b
the address of any person and any previous address of his during the 3 years preceding the date on which such information is supplied;
c
whether the claim of any person has been determined and, if so, whether council tax benefit has been awarded;
d
where council tax benefit is paid to a person entitled to that benefit, the manner in which it is paid to him;
e
where a person has a bank account or building society account, particulars of that account;
f
the name and address of any employer of any person;
g
particulars of the income and capital of any person and of any member of his family.
.
Signed by authority of the Secretary of State for Social Security.
Astor
Parliamentary Under–Secretary of State,
Department of Social Security
18th July 1994