text:
Citation and interpretation
1
1
This Order may be cited as the Environmental Protection Act 1990 (Commencement No. 15) Order 1994.
2
In this Order —
“appropriate date”, in relation to an appeal, means the date on which —
the period for appealing expires without an appeal being made; or
Bany appeal is withdrawn or finally determined;
“authorisation” has the meaning given in section 1(9) of the Environmental Protection Act 1990;
“existing process” and “prescribed date” have the same meaning as in Schedule 3 to the Environmental Protection (Prescribed Processes and Substances) Regulations 1991 ;
“relevant date”, in relation to an application for a licence, means the date on which the licence applied for is grantedor, if the application is (or is deemed to be) rejected, the date on which
the period for appealing expires without an appeal being made; or
any appeal is withdrawn or finally determined;
and
“scrap metal” has the same meaning as in the Scrap Metal Dealers Act 1964 .
Provisions coming into force on 1st May 1994
2
1
The following provisions of the Environmental Protection Act 1990 shall come into force on 1st May 1994
section 54 (insofar as not already in force);
sections 58 and 59;
section 60 (insofar as not already in force);
sections 64 to 67 (insofar as not already in force);
sections 73 and 74 (insofar as not already in force);
section 162(1) insofar as it relates to paragraph 27 of Schedule 15;
section 162(2) insofar as it relates to the following repeals in Part II of Schedule 16 —
the repeal of section 1 of the Control of Pollution Act 1974 ;
in relation to Scotland only, the repeal of section 11 of the Control of Pollution Act 1974.
2
The provisions of the Environmental Protection Act 1990 set out in paragraph (3) below shall come into force on 1st May 1994, save for the purposes of their application to the following activities —
a
an activity which on that date is the subject of a pending application for a disposal licence under Part I of the Controlof Pollution Act 1974;
b
an activity in respect of which on that date an appeal in pursuance of section 10(1)(d) of the Control of Pollution Act 1974 (appeals to Secretary of State where a disposal licence is revoked) is pending or where the period for making such an appealhas not expired;
c
an activity which involves treating, keeping or disposing of scrap metal or motor vehicles which are to bedismantled;
d
an activity —
i
which on that date is the subject of a disposal licence under Part I of the Control of Pollution Act 1974;
ii
which is or forms part of an existing process for which no authorisation has been granted; and
iii
to which, if an authorisation were granted, section 33(1)(a) and (b) of the Environmental Protection Act 1990 would not apply by virtue of the Waste Management Licensing Regulations 1994 .
3
The provisions referred to in paragraph (2) are —
section 33 (insofar as not already in force);
sections 35 to 40 (insofar as not already in force);
sections 42 and 43 (insofar as not already in force);
section 44;
section 57;
section 162(1) insofar as it relates to paragraph 26 of Schedule 15;
section 162(2) insofar as it relates to the following repeals in Part II of Schedule 16 —
the repeal of sections 3 to 10, 18 and 27 of the Control of Pollution Act 1974.
Provisions coming into force after 1st May 1994
3
1
Subject to paragraphs (2) and (3) below, the provisions of the Environmental Protection Act 1990 set outin article 2(3) (“the relevant provisions”) shall come into force —
a
for the purposes of their application to an activity falling within article 2(2)(a), on the day immediately following therelevant date in relation to the application in question;
b
for the purposes of their application to an activity falling within article 2(2)(b), on the day immediately followingthe appropriate date in relation to the appeal in question.
2
Subject to paragraph (3)
below, where an activity falls within article 2(2)(c) (whether or not it also falls withinarticle 2(2)(a) or (b)), the relevant provisions shall come into force for the purposes of their application to that activity —
a
if on 1st October 1994 that activity is the subject of a pending application for a disposal licence under Part I of theControl of Pollution Act 1974, on the day immediately following the relevant date in relation to the application in question;
b
if on 1st October 1994 an appeal in pursuance of section 10(1)(d) of the Control of Pollution Act 1974 (appeals to Secretary of State where a disposal licence is revoked) is pending in respect of that activity or the period for making suchan appeal has not expired, on the day immediately following the appropriate date in relation to that appeal;
c
in any other case, on 1st October 1994.
3
Where an activity falls within article 2(2)(d) (whether or not it also falls within any other sub-paragraph of article 2(2)), the relevant provisions shall come into force for the purposes of their applicaton to that activity on the day immediatelyfollowing the prescribed date in relation to the process in question.
John Selwyn Gummer
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
14th April 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bethlem and Maudsley National Health Service Trust (Establishment) Order 1994 and shall come into force on 21st March 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 21st March 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Bethlem and Maudsley 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 Bethlem and Maudsley 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 Maudsley Hospital, De Crespigny Park, London SE5 8AZ, Bethlem Royal Hospital, Monks Orchard Road, Beckenham, Kent BR3 3BX and associated hospitals (including the management of teaching and research facilities);
b
to manage community health services provided from Bethlem Royal Hospital, Monks Orchard Road, Beckenham, Kent BR3 3BX and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of London.
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 Bethlem Royal Hospital and The Maudsley Hospital 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 Bethlem Royal Hospital and The Maudsley Hospital 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 Bethlem Royal Hospital and The Maudsley Hospital 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 23rd February 1994
Tom Sackville
Parliamentary Under Secretary of State
Department of Health


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Tees Acute Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 10th February 1994.
2
In this Order —
“the Authority” means the South Tees Health Authority;
“the Trust” means the South Tees Acute Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 14th June 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 10th 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
13th January 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 1994 and shall come into force on 1st November 1994.
2
In these Regulations “the principal Regulations ” means the Social Fund Cold Weather Payments (General) Regulations 1988 .
Amendment of regulation 3 of the principal Regulations
2
In regulation 3 of the principal Regulations (prescribed amount) for the amount “£6” there shall be substituted the amount “£7”.
Amendment of Schedule 1 to the principal Regulations
3
In Schedule 1 to the principal Regulations (Post Office postcode areas assigned to designated National Climatological Message Stations) —
a
entries 5 (Bedford Royal Aircraft Establishment) and 30 (Honington) shall be omitted;
b
for entries 4, 12, 39, 48, 57 and 62 there shall be respectively substituted the entries in Schedule 1 to these Regulations.
c
the new entry 9A (Braemar) specified in Schedule 1 to these Regulations, shall be inserted after entry 9 (Bournemouth Airport).
Amendment of Schedule 2 to the principal Regulations
4
In Schedule 2 to the principal Regulations (definition of Post Office postcode areas and sectors) in Table 1 there shall be added at the end the entries in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Social Security.
James Arbuthnot
Parliamentary Under-Secretary of State,
Department of Social Security
6th October 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Exchange Gains and Losses (Deferral of Gains and Losses) Regulations 1994.
2
These Regulations shall come into force on 23rd March 1995.
3
In these Regulations, “the 1993 Act ” means the Finance Act 1993 and any reference to a particular section, without more, is a reference to that section of that Act.
Settlement and replacement of debts
2
1
This regulation applies where —
a
a debt held or owed by a company (“the original debt”) under which a long-term capital asset or liability (“the original asset or liability”) subsists is settled and replaced to any extent by another debt (“the replacement debt”) under which another such asset or liability (“the replacement asset or liability”) subsists, and
b
(apart from this regulation) an exchange gain or loss accrues to the company for an accrual period (“the settlement period”) as respects the original asset or liability which (where the debt is not wholly settled) is attributable to that part of the debt by which its nominal amount is decreased;
and in these Regulations “the replacement debt date” is the date on which that company becomes entitled or subject to the replacement debt.
2
Subject to paragraph (6) below, in any case where this regulation applies —
a
if the settlement period is the last accrual period as respects the original asset or liability, subject to paragraph (3) below, any exchange gain or loss which accrued for that period as respects that asset or liability shall be deemed to be unrealised, and any such exchange gain shall be deemed not to accrue as respects that asset or liability for that period;
b
if the settlement period is not the last accrual period as respects the original asset or liability, subject to paragraph (3) below, any exchange gain which accrued for that period as respects that asset or liability shall be deemed not to accrue as respects that asset or liability for that period;
c
an amount equal to the amount of any exchange gain falling within sub-paragraph (a) or (b) above shall be deemed to be an exchange gain accruing as respects there placement asset or liability for its first accrual period and section 143(2) shall not apply in relation to any gain deemed to accrue by this sub-paragraph;
and sections 139 to 143 (apart from section 143(7)) shall have effect accordingly.
3
Paragraph (2) does not apply —
a
in relation to any debt unless it falls within paragraph (10) or (11) below;
b
in relation to any debt unless the replacement debt date falls in the period beginning 30 days before the date on which the original debt or part of the original debt was settled and ending 30 days after that date;
c
in relation to any debt as the replacement debt as respects another debt if or to the extent that, for the purposes of this regulation and sections 139 to 143, it replaces a third debt.
4
Where this regulation applies and the amount by which the original debt is settled exceeds the amount of the replacement debt, then the exchange gain referred to in paragraph (1)(b) above shall be apportioned according to the proportion which that excess bears to the amount by which that debt is replaced, and paragraph (2) shall not apply to so much of the exchange gain as corresponds to the excess.
5
In any case where paragraph (2) above applies and the replacement debt date falls in one accounting period and the settlement of the whole or part of the original debt occurred in a later accounting period, then the reference in paragraph (2)(c) above to the first accrual period for the replacement debt shall be construed as a reference to the accrual period forthat debt which falls within that later accounting period.
6
In any case where paragraph (2) above would (but for this paragraph) apply and the settlement of the original debt occurred in one accounting period and the replacement debt date falls in a later accounting period, then that paragraph shall not apply but —
a
if the settlement period is the last accrual period for the asset or liability in question, the exchange gain or loss shall be deemed to be unrealised, and
b
for the purposes of making a claim under section 139 as respects the original debt (or so much of it as is replaced) and the earlier accounting period —
i
the first accrual period for the replacement debt shall be taken to be the second accrual period for the original debt, and
ii
section 143(2) shall not apply; and
c
references in section 140(4) to (9) to the asset or liability shall be construed as references to the replacement asset or liability;
and sections 139 to 143 (apart from section 143(7)) shall have effect accordingly.
7
For the purposes of paragraph (3)(c) above —
a
if the whole or part of the original debt is settled but there is more than one new debt held or owed by the company which may be taken to be the replacement debt, then the first of those new debts to which the company became entitled or subject shall be taken to replace the original debt and any later debt may only be taken to replace the original debt if and to the extent that the amount replaced of the original debt exceeds the amount of the earlier debt, and
b
if there is more than one debt which another debt could be taken to replace, that other debt shall be taken to replace the debt which was settled first and shall only be taken to replace the debt settled later if and to the extent that its amount exceeds the amount of the debt settled earlier.
8
The company may notify the inspector that it wishes one debt to be taken to replace another debt otherwise than in accordance with paragraph (7) above (but subject to paragraph (3)), and if the inspector is (or on appeal the Commissioners are) satisfied that the first mentioned debt in fact replaced the other debt, paragraph (7) shall not apply and that debt shall be taken to replace the other debt in accordance with the notice.
9
Where paragraph (6), (7) or (8) above applies all such apportionments of gains shall be made for the purposes of this regulation and sections 139 to 143 as may be just and reasonable.
10
A debt falls within this paragraph if —
a
the maximum amount of the principal is specified at the commencement of the term of the debt and the principal cannot be increased beyond that maximum amount (except as mentioned in sub-paragraph (c) below), and
b
any part of the principal once repaid cannot be redrawn, and
c
any interest which, if not paid when due, is to be capitalised or rolled-up, is to be added to the principal on the due date and repayable on the same terms as the principal.
In determining whether a debt falls within this paragraph there shall be disregarded any term in so far as it provides for the principal or any interest to be calculated by reference to any withholding or other tax (including foreign tax).
11
A debt falls within this paragraph if —
a
it is a debt on a deep gain security for the purposes of paragraph 1 of Schedule 11 to the Finance Act 1989 and the amount payable on redemption is payable on one specified date, or
b
it is a debt on a qualifying indexed security for the purposes of that paragraph, or
c
it is a debt on a deep discount security for the purposes of paragraph 1 of Schedule 4 to the Income and Corporation Taxes Act 1988 ;
and for the purposes of this regulation the amount of any such debt on the replacement debt date shall be taken to be equal to its basic valuation.
Disregard of certain profits in section 141(3) computation
3
1
This regulation applies in any case where a company’s profits for an accounting period which are to be taken into account under section 141(3) of the 1993 Act include any income or chargeable gains which are relevant income or gains for the purposes of section 797 of the Income and Corporation Taxes Act 1988 (“the relevant income or gains”).
2
Where this regulation applies then, for the purposes of section 141(3), the company’s profits for the accounting period shall be reduced by an amount equal to the excess of
X over Y
where
X is the amount of the relevant income and gains, and
Y is the amount (if any) found under paragraph (4) below.
3
There shall be found the amount which would be the amount of corporation tax attributable to the relevant income or gains under section 797 if Chapter IV of Part X of the 1988 Act had not been enacted, and the excess of that amount over the amount of the credit for foreign tax allowable against the corporation tax in fact attributable to the relevant income or gain determined in accordance with section 797(2) and (3) shall be the net corporation tax attributable to the relevant income or gain.
4
There shall be found the gross amount (if any) of income and gains on which an amount of corporation tax equal to that net corporation tax would be charged if the income and gains were chargeable to tax as income and gains of the company for that accounting period at the rate payable by the company (before any credit under Part XVIII of the 1988 Act).
Groups of companies
4
1
For the purposes of this regulation companies are members of a group if by virtue of section 170 of the Taxation of Chargeable Gains Tax Act 1992 they are members of a group for the purposes of sections 171 to 181 of that Act.
2
This regulation applies to a claim made under section 139 of the 1993 Act as regards an accounting period of the claimant company for the whole or part of which it is a member of a group, and in relation to such a claim subsection (5) of that section shall have effect with the addition at the end of paragraph (c) of the words —
and if the claim is made by a member of a group (within the meaning of section 141 below) is must contain a statement of that fact.
.
3
In relation to a claim to which this regulation applies, section 141 shall have effect subject to the following modifications.
4
The following subsections shall be substituted for subsection (1) —
1
Subject to subsection (1A) below, where a company (“the claimant company”) makes a claim under section 139 above (“the current claim”) as regards an accounting period of the claimant company for the whole or part of which it is a member of agroup (“the relevant accounting period”) —
a
an amount is available for relief under that section for that accounting period which is equal to the amount (if any) by which amount A is exceeded by the appropriate proportion of the group B amount, or of the group C amount, ifit is lower than the group B amount, and
b
the appropriate proportion is that proportion which amount B3 (as found for the claimant company) bears to amount ΣB3.
1A
In any case where there is no group B amount or no group C amount, no amount shall be available for relief under section 139.
1B
For the purposes of this section a company is a member of a group if by virtue of section 170 of the Taxation of Chargeable Gains Tax Act 1992 it is a member of the group for the purposes of sections 171 to 181 of that Act, and references below to a “group company” and “group”, in relation to the claimant company, are references to companies belonging to the same group as that company and to that group.
.
5
After subsection (3) there shall be inserted —
3A
In any case where an amount equal to the appropriate proportion found under subsection (1) above for the claimant company is equal to at least half of the amount of that company’s profits (within the meaning of subsection (3) above disregarding this subsection), subsection (3) shall have effect as if for the reference to the company’s profits there were substituted a reference to the aggregate profits of those group companies to which subsection (3B) below applies for the relevant accounting period.
3B
This subsection applies as respects a group company for an accounting period if at any time during that period —
a
that group company owes the claimant company qualifying debts the amount outstanding under which is equal to at least one-tenth of the total value outstanding of all the qualifying debts owed by that group company; or
b
the claimant company owes that group company qualifying debts the amount outstanding under which is equal to at least one-tenth of the total value outstanding of all the qualifying debts owed by the claimant company;
and for the purposes of this subsection “qualifying debts” do not include debts due for goods or services supplied to or by the company in the course of its trade.
.
6
The following subsections shall be substituted for subsections (4) and (5) —
4
There shall be found for each group company during the relevant accounting period amounts B1 and B2 where —
a
B1 is the total amount of —
i
unrealised exchange gains which accrue or would (apart from a claim under section 139 above) accrue to the company in an accrual period constituting or falling within the relevant accounting period as regards long-term capital assets or long-term capital liabilities or both,
ii
less any such exchange gain in so far as it is attributable to that part of the debt by which its nominal amount is decreased, and
b
B2 is the total amount of —
i
unrealised exchange losses which accrue to the company in an accrual period constituting or falling within the relevant accounting period as regards long-term capital assets or long-term capital liabilities or both,
ii
less any such exchange loss in so far as it is attributable to that part of the debt by which its nominal amount is decreased,
and the excess of B1 over B2 (if any) is called B3, and the excess of B2 over B1 (if any) is called B4.
4A
There shall be found the aggregate of the B3 amounts for the group, called ΣB3, and the aggregate of the B4 amounts for the group, called ΣB4, and the excess of ΣB3 over ΣB4 (if any) is called the group B amount.
4B
There shall be found for each group company during the relevant accounting period amounts C1 and C2 where —
a
C1 is the total amount of the exchange gains which accrue or would apart from a claim under section 139 above) accrue to the company in an accrual period constituting or falling within the relevant accounting period as regards relevant items, and
b
C2 is the total amount of the exchange losses which accrue to the company in an accrual period constituting or falling within the relevant accounting period as regards relevant items,
and the excess of C1 over C2 (if any) is called C3, and the excess of C2 over C1 (if any) is called C4.
This subsection is subject to subsection (5) below.
4C
There shall be found the aggregate of the C3 amounts for the group, called ΣC3, and the aggregate of the C4 amounts for the group, called ΣC4, and the excess of ΣC3 over ΣC4 (if any) is called the group C amount.
4D
In any case where an accrual period for a company falls partly within and partly outside the relevant accounting period, any exchange gains or losses which accrue or would (apart from a claim under section 139) accrue to the company in that accrual period shall be apportioned according to the respective lengths of that part of the accrual period which falls within the relevant accounting period and the remainder of the accrual period, and the proportion of the exchange gains and losses corresponding to the remainder of that period shall be disregarded for the purposes of this section.
4E
In any case where a company (including the claimant company) ceases to be or becomes a group company during the relevant accounting period —
a
references in subsections (1), (3), (3A), (3B), (4) and (4B) above to that accounting period shall as respects that company be construed as references to that part of that period during which the company was a group company, and
b
the company’s profits for that period shall be apportioned according to the respective lengths of that part of the relevant accounting period during which the company was a group company and of the remainder of the accounting period, and
c
the proportion of the profits corresponding to that remainder shall be disregarded for the purposes of this section;
but if it appears that such an apportionment would produce an unreasonable or unjust result, such other method of apportionment shall be used as appears just and reasonable.
4F
In any case where the accounting period of a group company other than the claimant company does not coincide with the relevant accounting period —
a
references in subsections (1), (3), (3A), (3B), (4) and (4B) above to that accounting period shall as respects that group company be construed as references to so much of its accounting period or periods which fall within the relevant accounting period, and
b
that group company’s profits for that period or periods shall be apportioned according to the respective lengths of that part of its accounting period which coincides with the relevant accounting period and the remainder of the accounting period, and
c
the proportion of the profits corresponding to the remainder of that period or periods shall be disregarded for the purposes of this section.
4G
In any case where subsection (3) or (3A) above has effect subject to regulation 3 of the Exchange Gains and Losses (Deferral of Gains and Losses) Regulations 1994, subsections (4E) and (4F) above shall each have effect with the addition of a reference to that regulation in paragraph (a).
5
For the purposes of subsection (4B) above, in computing the amounts C1 and C2 for any group company which is not the claimant company, there shall be disregarded any exchange gain or loss which has accrued (disregarding section 139 above) as regards an asset, liability or contract if, by virtue of subsection (11) of section 128 above, any gain or loss falling within subsection (12) of that section and accruing to the company as respects that asset, liability or contract would not be taken into account in calculating for the purposes of corporation tax the profits or losses of any period of a trade carried on by the company during the relevant accounting period.
.
7
In subsection (6) for “subsections (4) and (5) above” there shall be substituted “this section”.
8
In subsection (7) for “subsection (5) above” there shall be substituted “this section”.
Derek Conway
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
15th December 1994


text:
1
The County Council of Norfolk (Reconstruction of Three Holes Bridge–Temporary Bridge) Scheme 1993 is hereby confirmed.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Chief Executive and Clerk, Norfolk County Council, County Hall, Martineau Lane, Norwich NR12DH.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as The County Council of Norfolk (Reconstruction of Three Holes Bridge–Temporary Bridge) Scheme 1993 Confirmation Instrument 1994.
Signed by authority of the Secretary of State for Transport.
Pamela Denham
Regional Director
Government Office


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) (No. 3) Order 1994 and shall come into force on 19th August 1994.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972 the Ministers or government departments specified in column (1) of the Schedule to this Order are hereby designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated in relation to any item in column (2) of the said Schedule, then, for the purposes of the said section 2(2), that Minister or government department is also hereby designated in relation to anything supplemental or related to the matters specified in that item.
3
Where more than one Minister or government department is designated by this Order in relation to any matter, the designation has effect as respects the making of regulations by any of them or by more than one of them acting jointly.
4
Regulations made by a Northern Ireland Department in pursuance of this Order, that are not made jointly with any Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This Order may be cited as the Value Added Tax (Buildings and Land) Order 1994 and shall come into force on 30th November 1994.
2
Schedule 10 to the Value Added Tax Act 1994 shall be amended as follows —
a
in paragraph 2 —
i
in sub-paragraph (1) for the words “(2) and (3)” there shall be substituted “(2), (3) and (3A)”;
ii
after sub-paragraph (3) there shall be inserted —
3A
Sub-paragraph (1) above shall not apply in relation to a grant made on or after 30th November 1994 if —
a
the person making the grant and the person to whom the grant is made are connected persons; and
b
either of them is not a fully taxable person.
;
b
in paragraph 3, after sub-paragraph (8) there shall be inserted —
8A
For the purposes of paragraph 2 above —
a
any question whether a person is connected with another shall be determined in accordance with section 839 of the Taxes Act ; and
b
a person is a fully taxable person if at the end of the prescribed accounting period of his in which the grant is made he is entitled to credit for input tax on all supplies to, and acquisitions and importations by, him in that period (apart from any on which input tax is excluded from credit by virtue of section 25(7)).
.
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
29th November 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (City of London) 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 City of London 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 City of London 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) (City of London) 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 City of London 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:
1
These rules may be cited as the Family Proceedings Courts (Children Act 1989) (Amendment) (No.2) Rules 1994 and shall come into force on 3rd January 1995.
2
The Family Proceedings Courts (Children Act 1989) Rules 1991 shall be amended in accordance with the following provisions of these Rules and, in those provisions, any reference to a rule, or schedule by number alone shall be construed as a reference to the rule or schedule so numbered in the said Rules of 1991. 3.In the Arrangement of Rules —
a
for “9.Answer to application” there shall be substituted “9. Acknowledgement of application”;
b
for “21D.Answer” there shall be substituted “21D. Acknowledgement”;
c
after rule 31 there shall be inserted —
31A
Applications and orders under sections 33 and 34 of the Family Law Act 1986
; and
d
after rule 33 there shall be inserted —
33A
Disclosure of addresses
.
4
In rule 3(1) —
a
in sub-paragraph (a), after “leave” there shall be inserted “in Form C2”; and
b
for sub-paragraph (b) there shall be substituted —
b
a draft of the application (being the documents referred to in rule 4(aA)) for the making of which leave is sought together with sufficient copies for one to be served on each respondent.
.
5
In rule 4(1) —
a
for sub-paragraph (a) there shall be substituted —
a
file the documents referred to in paragraph (1A) below (which documents shall together be called the “application”) together with sufficient copies for one to be served on each respondent, and
; and
b
for the words “, endorsed in accordance with paragraph (2)(b),” in sub-paragraph (b) there shall be substituted “together with Form C6 and such (if any) of Forms C7 and C10A as are given to him by the justices' clerk under paragraph 2(b)”.
6
In rule 4, after paragraph (1), there shall be inserted —
1A
the documents to be filed under paragraph (1)(a) above are —
a
i
whichever is appropriate of Forms C1 to C5 or C51, and
ii
such of the supplemental Forms C10 or C11 to C20 as may be appropriate, or
b
where there is no appropriate form a statement in writing of the order sought,
and where the application is made in respect of more than one child, all the children shall be included in one application.
.
7
In rule 4(2) —
a
for “the copies of the application filed by the applicant” in sub-paragraph (b), there shall be substituted “Form C6, and where appropriate, Form C6A”; and
b
for sub-paragraph (c) there shall be substituted —
c
return forthwith to the applicant the copies of the application and Form C10A if filed with it, together with Form C6 and such of Forms C6A and C7 as are appropriate.
.
8
For rule 4(3) there shall be substituted —
3
The applicant shall, at the same time as complying with paragraph (1)(b), serve Form C6A on the persons set out in relation to the relevant class of proceedings in column (iv) of Schedule 2 to these Rules.
.
9
In rule 4(4)(i), the words “in respect of each child” shall be deleted.
10
In rule 4(6) —
a
after “accompanied by a statement” there shall be added “in Form C10A”; and
b
the words “and containing a declaration that it is true to the maker’s best knowledge and belief” shall be deleted.
11
In rule 6 —
a
for “a certificate” in paragraph (1) there shall be substituted “an order or certificate”; and
b
for “certificate” in paragraph (2) there shall be substituted “order”.
12
In rule 7(2), for “in writing” there shall be substituted “in Form C2”.
13
In rule 8(7) —
a
after “shall file a statement” there shall be inserted “in Form C9”; and
b
in sub-paragraph (a), after “application”, there shall be inserted “and other documents referred to in rule 4(1)(b)”.
14
For rule 9 there shall be substituted —
Acknowledgement of application
9
Within 14 days of service of an application for a section 8 order or an application under Schedule 1, each respondent shall file and serve on the parties an acknowledgement of the application in Form C7.
15
In rule 14(4), for “a certificate” there shall be substituted “an order”.
16
In rule 14(5), after “written request” wherever it appears, there shall be inserted “in Form C2”.
17
In rule 14(7), after “2 days' notice” there shall be inserted “in Form C6”.
18
For rule 21(6) there shall be substituted —
4
When making an order or when refusing an application, the court, or one of the justices constituting the court by which the decision is made shall
a
where it makes a finding of fact state such finding and complete Form C22; and
b
state the reasons for the court’s decision.
.
19
In rule 21D —
a
in the heading, for “Answer” there shall be substituted “Acknowledgement” ; and
b
for “answer in Form CHA 75” there shall be substituted “acknowledgement in Form C52”.
20
In rule 27(2), for “in writing” there shall be substituted “in Form C40”.
21
In rule 31(1), for “in writing” there shall be substituted “in Form C37”.
22
After rule 31 there shall be inserted a new rule as follows —
Applications and orders under sections 33 and 34 of the Family Law Act 1986
31A
1
In this rule “the 1986 Act ” means the Family Law Act 1986.
2
An application under section 33 of the 1986 Act shall be in Form C4 and an order made under that section shall be in Form C30.
3
An application under section 34 of the 1986 Act shall be in Form C3 and an order made under that section shall be in Form C31.
4
An application under section 33 or section 34 of the 1986 Act may be made ex parte in which case the applicant shall file the application —
a
where the application is made by telephone, within 24 hours after the making of the application, or
b
in any other case at the time when the application is made,
and shall serve a copy of the application on each respondent 48 hours after the making of the order.
5
Where the court refuses to make an order on an ex parte application it may direct that the application be make inter partes.
.
23
After rule 33 there shall be inserted a new rule as follows —
Disclosure of addresses
33A
1
Nothing in these rules shall be construed as requiring any party to reveal the address of their private residence (or that of any child) except by order of the court.
2
Where a party declines to reveal an address in reliance upon paragraph (1) he shall give notice of that address to the court in Form C8 and that address shall not be revealed to any person except by order of the court.
.
24
In Schedule 1 —
a
the list of forms at the beginning of the Schedule shall be deleted and there shall be substituted the list of forms set out in Schedule 1 to these rules.
b
the forms in the Schedule shall be omitted and the forms set out in Schedule 2 to these rules shall be inserted in their place.
Mackay of Clashfern, C.
Dated 8th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Good Hope Hospital National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th March 1994.
2
In this Order —
“the Authority” means the North Birmingham Health Authority;
“the Trust” means the Good Hope 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 6th August 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th 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
9th February 1994


text:
1
The new highways which the Secretary of State proposes to construct —
a
along the routes described in Schedule 1 to this Order (“the main new trunk roads”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk roads with other highways at the places stated in that Schedule (“the slip roads”),
shall become trunk roads as from the date when this Order comes into force.
2
The centre line of each of the new trunk roads is indicated by a heavy black line on the deposited plan.
3
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway.The date specified will not be later than the date on which the relevant route is opened for the purpose of through traffic.
4
In this Order: —
1
All measurements of distance are measured along the route of the relevant highway and are approximate only; (2)
i
“the deposited plan” means the plan numbered HA10/2/SWM87, marked “The A419 Trunk Road (Latton Bypass and Slip Roads) Order 1994”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
ii
“the new trunk roads” means the main new trunk roads and the slip roads.
5
This Order shall come into force on 30th November 1994 and may be cited as the A419 Trunk Road (Latton Bypass and Slip Roads) Order 1994.
Signed by authority of the Secretary of State for Transport.
J D Gill
Deputy Director South West Construction Programme Division Highways Agency
14th November 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 3) Regulations 1994 and shall come into force on 24th August 1994.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulation 18 of the principal Regulations
2
In regulation 18 of the principal Regulations (calculation of earnings) —
a
in paragraph (2) for the words “paragraph (4) or (6)” there shall be substituted the words “paragraph (4), (6) or (8)”;
b
after paragraph (7) there shall be added the following paragraph —
8
The amount of earnings which is comprised in any payment by way of the conferment of a beneficial interest in any asset falling within paragraph 9ZA, 9ZB or 9B of Schedule 1A to these Regulations and which falls to be taken into account in the computation of a person’s earnings shall, for the purposes of earnings-related contributions, be calculated or estimated on the basis of the cost of the asset in question.
.
Amendment of Schedule 1A to the principal Regulations
3
In Schedule 1A to the principal Regulations (assets not to be disregarded as payments under regulation 19(1)(d)) —
a
in paragraph 5(a) for the words “paragraphs 1 to 4 or 9A” there shall be substituted the words “paragraphs 1 to 4, 9ZA, 9ZB or 9A”;
b
after paragraph 9 there shall be inserted the following paragraphs —
9ZA
Any alcoholic liquor.
9ZB
Any gemstone.
;
c
in paragraph 9A for the words “paragraphs 1 to 4 or 6 to 9” there shall be substituted the words “paragraphs 1 to 4 or 6 to 9ZB”;
d
after paragraph 16 there shall be added the following paragraphs —
17
In paragraph 9ZA of this Schedule “alcoholic liquor” means any alcoholic liquor within the meaning of section 1 of the Alcoholic Liquor Duties Act 1979 in respect of which no duty has been paid under that Act.
18
In paragraph 9ZB of this Schedule “gemstone” includes stones such as diamond, emerald, ruby, sapphire, amethyst, jade, opal or topaz and organic gemstones such as amber or pearl, whether cut or uncut and whether or not having an industrial use.
.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
23rd August 1994


text:
1
This Order may be cited as the Broadcasting (Foreign Satellite Programmes) (Specified Countries) Order 1994 and shall come into force on 14th March 1994.
2
The countries listed in the Schedule to this Order are specified countries for the purposes of section 79(5) of the Broadcasting Act 1990.
3
The Broadcasting (Foreign Satellite Programmes) (Specified Countries) Order 1991 and the Broadcasting (Foreign Satellite Programmes) (Specified Countries) (Amendment) Order 1993 are hereby revoked.
Peter Brooke
Secretary of State for National Heritage
24th February 1994


text:
Title and commencement
1
These Regulations may be cited as the Drug Trafficking Offences Act 1986 (Crown Servants and Regulators etc.) Regulations 1994 and shall come into force on 1st August 1994.
Interpretation
2
In these Regulations —
“the 1986 Act ” means the Drug Trafficking Offences Act 1986; and
“relevant financial business” has the meaning given by regulation 4 of the Money Laundering Regulations 1993 .
Application of the Act to Director of Savings and staff
3
Sections 23A, 24, 26B, 26C and 31 of the 1986 Act shall apply to the following persons, namely —
a
the Director of Savings; and
b
any person employed by or otherwise engaged in the service of the Director of Savings,
in circumstances where the said Director or any such person is carrying on relevant financial business.
Designation of persons performing regulatory etc. functions
4
1
Section 26B of the 1986 Act shall not apply to the following persons, being hereby designated for the purposes of section 36B(2)(a) of that Act —
a
the Bank of England
b
the Building Societies Commission
c
a designated agency within the meaning of the Financial Services Act 1986
d
a recognised self-regulating organisation within the meaning of the Financial Services Act 1986;
e
a recognised professional body within the meaning of the Financial Services Act 1986;
f
a transferee body within the meaning of the Financial Services Act 1986;
g
a recognised self-regulating organisation for friendly societies within the meaning of the Financial Services Act 1986;
h
the Council of Lloyd's;
i
the Friendly Societies Commission;
j
the Chief Registrar of Friendly Societies;
k
the Assistant Registrar of Friendly Societies for Scotland;
l
the Central Office of the Registry of Friendly Societies;
m
the Registrar of Credit Unions for Northern Ireland;
n
the Assistant Registrar of Credit Unions for Northern Ireland.
2
The following category of persons is hereby prescribed for the purposes of section 36B(2)(b) of the 1986 Act, namely, persons who are (for the purpose of performing regulatory, supervisory, investigative or registration functions) employed by or otherwise engaged in the service of any person designated under paragraph (1) of this regulation.
3
Section 26B of the 1986 Act shall not apply in any circumstances to any person who falls within a category of person prescribed for the purposes of section 36B(2) of that Act.
Home Office
Michael Howard
One of Her Majesty’s Principal Secretaries of State
1st July 1994


text:
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment) Regulations 1994 and shall come into force on 6th June 1994.
2
For regulation 5 of the Taxes (Interest Rate) Regulations 1989 there shall be substituted–
Applicable rate of official rate of interest
5
1
For the purposes of section 160 of the Income and Corporation Taxes Act 1988 (“section 160”) the rate applicable under section 178 shall, on and after 6th June 1994 and subject to paragraph (2), be 7.5 per cent. per annum.
2
In relation to a loan outstanding for the whole or part of a year of assessment where–
a
the loan was made in the currency of a country or territory specified in the Table below,
b
the benefit of the loan is obtained by reason of the employment of a person who normally lives in that country or territory, and
c
that person has lived in that country or territory at some time in the period of six years ending with that year,
the rate applicable under section 178 for the purposes of section 160 and the date on and after which that rate has effect shall be ascertained from the entries in the Table below relating to the country or territory concerned.
TABLE
Country or territory Date on and after which applicable rate has effect Applicable Rate
Japan 6th June 1994 3.9 per cent. per annum. Switzerland 6th June 1994 5.7 per cent. per annum.
Irvine Patnick
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
13th May 1994


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the General and Special Commissioners (Amendment of Enactments) Regulations 1994, shall come into force on 1st September 1994, and have effect with respect to —
a
any proceedings before the General Commissioners in relation to which the General Commissioners Regulations apply, and
b
any proceedings before the Special Commissioners in relation to which the Special Commissioners Regulations apply.
2
In this regulation —
“General Commissioners” shall be construed in accordance with section 2(1) of the Taxes Management Act 1970 ;
“General Commissioners Regulations” means the General Commissioners (Jurisdiction and Procedure) Regulations 1994 ;
“proceedings” —
so far as concerns proceedings before the General Commissioners, has the meaning given by regulation 2 of the General Commissioners Regulations;
so far as concerns proceedings before the Special Commissioners, has the meaning given by regulation 2 of the Special Commissioners Regulations;
“Special Commissioners” shall be construed in accordance with section 4(1) of the Taxes Management Act 1970 ;
“Special Commissioners Regulations” means the Special Commissioners (Jurisdiction and Procedure) Regulations 1994 .
Amendments of Acts and statutory instruments, and repeals
2
1
Schedule 1, which makes amendments to Acts and statutory instruments, shall have effect.
2
The Acts specified in Part I of Schedule 2 are repealed, and the statutory instruments specified in Part II of that Schedule are revoked, to the extent specified in the third column of that Schedule.
Mackay of Clashfern, C.
Dated 5th July 1994
I consent,
Rodger of Earlsferry
Dated 6th July 1994


text:
Citation and commencement
1
This Order ay be cited as the Greater Manchester (Light Rapid Transit System) (Modification) Order 1994 and shall come into force on 28th March 1994.
Substitution of fixed bridge for opening bridge in description of Work No. 1
2
Notwithstanding that the bridge over the Manchester Ship Canal forming part of Work No.1 of the Greater Manchester (Light Rapid Transit System) Act 1990 is described in section 4 of that Act and referred to in the substituted section deposited for the purposes of that Act as having an opening span, it may be made and maintained with a fixed span.
Signed by authority of the Secretary of State of Transport
J. R. Coates
An Under Secretary,
Department of Transport
7th March 1994


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


text:
1
These Regulatons may be cited as the Partnerships (Unrestricted Size) No.11 Regulations 1994, and shall come into force on 29th March 1994.
2
1
Section 716(1) of the Companies Act 1985 does not prohibit the formation of partnerships consisting of more than 20 persons —
a
for the purpose of carrying on business as patent agents, where each such person is a patent agent,
b
for the purpose of carrying on business as registered trade mark agents, where each such person is a registered trade mark agent, or
c
for the purpose of carrying on business as either patent agents or registered trade mark agents, or as both patent agents and registered trade mark agents, where the partnership concerned satisfies the conditions prescribed by paragraphs (a) and (b) of Rule 3 of the Patent Agents (Mixed Partnerships and Bodies Corporate) Rules 1994 or Rule 3 of the Registered Trade Mark Agents (Mixed Partnerships and Bodies Corporate) Rules 1994 .
2
In these Regulations,
a
“patent agent” means a person whose name is entered in the register kept pursuant to rules made under section 275 of the Copyright, Designs and Patents Act 1988 , and
b
“registered trade mark agent” means a person whose name is entered in the register kept pursuant to rules made under section 282 of that Act.
3
In Regulation 1 of the Partnerships (Unrestricted Size) No.1 Regulations 1968 , paragraph (a) is revoked.
Neil Hamilton
Parliamentary Under Secretary of State,
Department of Trade and Industry
7th March 1994


text:
Citation
1
This Order may be cited as the Finance Act 1994, Part I, (Appointed Day etc.) Order 1994.
Commencement for the purpose of air passenger duty
2
For the purpose of air passenger duty , the day apppointed as the day on which the provisions of the Finance Act 1994 (“ the Act ”) specified in the first column of the Schedule to this Order come into force is 1st November 1994.
Commencement for other purposes
3
The day appointed as the day on which Chapter II of Part I of, and Schedule 4, Schedule 5 and Part III of Schedule 26 to, the Act come into force (insofar as they are not then already in force) is 1st January 1995.
Transitional provisions
4
1
Paragraphs (2) to (4) below shall have effect without prejudice to the operation of section 16 of the Interpretation Act 1978 .
2
Where at a time prior to the coming into force of section 18(3) of the Act a referee was appointed under section 127 of the Management Act, such appointment and any arbitration that referee conducts shall not be affected by any provision of the Act brought into force by this Order.
3
None of the provisions of the Act brought into force by this Order shall affect the liability of any person to be prosecuted for any offence in respect of conduct which occurred before 1st January 1995.
4
From 1st January 1995 section 12 of the Act shall apply to duty which appears to have become due before that date as it applies to duty which is due after 31st December 1994.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
17th October 1994


text:
1
This Order may be cited as the Railways Act 1993 (Consequential Modifications) (No. 3) Order 1994 and shall come into force on 1st October 1994.
2
1
The provisions of the Schedule hereto shall have effect.
2
Sub-paragraphs (a) and (d) of paragraph 4 of the Schedule to the Railways Act 1993 (Consequential Modifications) Order 1994 are revoked.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
30th August 1994


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


text:
1
This Order may be cited as the Trade Marks (Claims to Priority from Relevant Countries) Order 1994 and shall come into force on 5th December 1994.
2
In this Order —
“ the Act ” means the Trade Marks Act 1994;
“duly filed” means a filing which is adequate to establish the date on which the application was filed in the relevant country in question, whatever may be the subsequent fate of the application; and
“relevant country” means any country or territory specified in the Schedule to this Order.
3
A person who has duly filed an application for the protection of a trade mark in a relevant country shall have a right to priority, for the purpose of registering the same trade mark under the Act for some or all of the same goods or services, for a period of six months from the date of filing of the application in that country.
4
Where the application for registration under the Act is made within the aforesaid period of six months —
a
the relevant date for the purpose of establishing which rights take precedence shall be the date of the filing of the application in the relevant country, and
b
the registrability of the trade mark shall not be affected by any use of the mark in the United Kingdom in the period between that date and the date of the application under the Act.
5
A subsequent application concerning the same subject as the first application, duly filed in the same relevant country, shall be considered the first application to be filed in that country (of which the filing date shall be the starting date of the period of priority) if at the time of the subsequent application —
a
the previous application has been withdrawn, abandoned or refused, without having been laid open to public inspection and without leaving any rights outstanding, and
b
it has not yet served as a basis for claiming a right of priority.
6
A previous application may not serve as a basis for claiming a right of priority where a subsequent application is considered, in accordance with article 5 above, as the first application to be duly filed.
7
A right to priority conferred by this Order —
a
shall (unless otherwise stated in the application) vest in the person filing the application or his successor in title; and
b
may be assigned or otherwise transmitted, either with the application or independently.
8
1
Where a right to priority is claimed by reason of an application to which this Order relates, particulars of that claim shall be included in the application for registration filed under the Act and, unless a certificate as is referred to in paragraph (2) below is filed with the application, such particulars shall include the relevant country and the date of filing.
2
There shall be filed within three months of the filing of the application for registration under the Act a certificate by the registering or other competent authority of the relevant country certifying, or verifying to the satisfaction of the registrar —
a
the date of the filing of the application,
b
the relevant country or registering or competent authority,
c
the representation of the mark, and
d
the goods or services covered by the application.
N. H. Nicholls
Clerk of the Privy Council


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


text:
PART I
General
Citation and commencement
1
These Regulations may be cited as the Social Security (Incapacity Benefit) Regulations 1994 and shall come into force on 13th April 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the Administration Act ” means the Social Security Administration Act 1992 ; and
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992.
2
In these Regulations–
a
any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations; and
b
any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
PART II
Entitlement to incapacity benefit: Supplementary provisions
Definition of “training for work” for the purposes of section 30C(6) of the Contributions and Benefits Act
3
For the purposes of section 30C(6) of the Contributions and Benefits Act (which provides for days of training for work to be treated as days of incapacity for work) “training for work” also includes any training received on a course which a person attends for 16 hours or more a week, the primary purpose of which is the teaching of occupational or vocational skills.
Days not to be treated as days of incapacity for work
4
1
For the purposes of incapacity benefit a day shall not be treated as a day of incapacity for work if it is–
a
a day in respect of which a person–
i
has made no claim for incapacity benefit;
ii
has made a claim for incapacity benefit but not within the prescribed time and good cause for the delay is not shown; or
iii
has made a claim for incapacity benefit but not within the prescribed time and, whether or not the person has shown good cause for the delay, he is not entitled to benefit as a result of section 1(2) of the Administration Act (which provides for a 12 month limit on claims for incapacity benefit);
b
a day on which a person is disqualified for receiving incapacity benefit during a period of absence from Great Britain or imprisonment or detention in legal custody, if that disqualification is for more than 6 weeks; or
c
subject to paragraph (2), a day on which a person attends a training course in respect of which he is paid a training allowance pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 .
2
Paragraph (1)(c) shall not apply–
a
for the purposes of any claim for incapacity benefit for a period commencing after a person ceased attending such a training course; or
b
in calculating a period of continuous incapacity for work for the purposes of regulation 2 of the Social Security Benefit (Persons Abroad) Regulations 1975 .
Night workers
5
1
For the purposes of incapacity benefit, where a person works for a continuous period which extends over midnight into the following day, the day on which the lesser part of that period falls shall be treated as a day of incapacity for work if that person was incapable of work for the remainder of that day.
2
Where, in relation to a period referred to in paragraph (1), the number of hours worked before and after midnight is equal–
a
if the days in question fall at the beginning of a period of incapacity for work, the second day shall be treated as a day of incapacity for work; and
b
if the days in question fall at the end of a period of incapacity for work, the first day shall be treated as a day of incapacity for work.
Calculating periods of incapacity for work for persons receiving certain regular treatment
6
1
In the cases specified in paragraph (2), section 30C(1)(b) of the Contributions and Benefits Act (which defines a period of incapacity for work) shall have effect as if the period of 4 days mentioned there were a period of 2 days, whether consecutive or not, within a period of 7 consecutive days.
2
The cases referred to in paragraph (1) are those where the days of incapacity for work in question result from–
a
regular weekly treatment by way of haemodialysis for chronic renal failure or peritoneal dialysis for chronic renal failure;
b
treatment by way of plasmapheresis, by way of parenteral chemotherapy with cytotoxic drugs, anti–tumour agents or immuno–suppressive drugs or by way of radiotherapy; or
c
regular weekly treatment by way of total parenteral nutrition for gross impairment of enteric function.
Days of statutory sick pay to be included in days of entitlement to incapacity benefit
7
1
For the purposes of section 30D(3) of the Contributions and Benefits Act (which provides for days of entitlement to statutory sick pay to be included in calculating the number of days for which a person has been entitled to short–term incapacity benefit) the days which are to be included are any of the days specified in paragraph (2) which–
a
fell within a period of entitlement to statutory sick pay as between that person and his employer which ended not later than the 57th day before the first day of the period of incapacity for work to which that calculation relates; and
b
fell on or after a day on which the person satisfied the contribution conditions for short–term incapacity benefit.
2
The specified days are–
a
in any week in which the employer was liable to pay that person statutory sick pay at the weekly rate specified in section 157(1) of the Contributions and Benefits Act, each day of that week; and
b
in any week in which the employer was liable to pay that person statutory sick pay at a fraction of that weekly rate, each of the days of that week which would comprise the same fraction of a 7 day week; and any fractions of days produced by that calculation shall be included in the calculation for the following week and for any fraction of a day not accounted for at the end of that period of entitlement one additional day shall be added.
Limit of earnings from councillor’s allowance
8
For the purposes of section 30E(1) of the Contributions and Benefits Act (net amount of councillor’s allowance in excess of prescribed amount to be deducted from incapacity benefit) the prescribed amount is £43.00.
Councillor’s allowance paid otherwise than weekly
9
1
For the purposes of section 30E(2) of the Contributions and Benefits Act, where a councillor’s allowance is paid otherwise than weekly, an amount calculated in accordance with paragraphs (2) and (3) shall be regarded as the weekly amount of the allowance.
2
In the case of an attendance allowance, the weekly amount shall be the amount paid in respect of attendances undertaken in the week in question.
3
In the case of a basic allowance or a special responsibility allowance, the weekly amount shall be calculated–
a
where that allowance is paid annually, by dividing the amount paid by 52;
b
where that allowance is paid quarterly, by dividing the amount paid by 13;
c
where that allowance is paid monthly, by multiplying the amount by 12 and dividing by 52; and
d
in any other case, by dividing the amount of the allowance by the number of days in the period and multiplying it by 7.
PART III
Rate of incapacity benefit
Increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date
10
1
The weekly rate of long–term incapacity benefit under section 30A of the Contributions and Benefits Act (incapacity benefit: entitlement) in relation to a period of incapacity for work shall be increased–
a
by the higher amount specified in paragraph (2) if on the qualifying date the beneficiary was under the age of 35; and
b
by the lower amount specified in that paragraph if on the qualifying date the beneficiary had attained the age of 35 but was under the age of 45.
2
The amounts referred to in paragraph (1) are–
a
higher amount £12.15;
b
lower amount £6.10.
Qualifying date for entitlement to increased rate of incapacity benefit — previous entitlement to statutory sick pay
11
For the purposes of regulation 10 the qualifying date in relation to a person to whom regulation 7 applies shall be the first day in the period of entitlement mentioned in paragraph (1)(a) of that regulation.
Qualifying date for entitlement to increased rate of incapacity benefit — members of the armed forces
12
1
If, for the purposes of regulation 10, the qualifying date in relation to a person would have been earlier than that specified in section 30B(7) of the Contributions and Benefits Act (incapacity benefit: rate) but for the fact that on that earlier date he was a serving member of the forces, the qualifying date in relation to him shall nevertheless be that earlier date.
2
In this regulation “serving member of the forces” has the meaning given to it by regulation 1(2) of the Social Security (Contributions) Regulations 1979 , except that it does not include a person who falls within that definition by reason only of the fact that he was undergoing training or instruction for a continuous period of not more than 72 hours in any of the forces specified in paragraphs 2 to 9 of Part I of Schedule 3 to those Regulations.
Qualifying date for entitlement to increased rate of incapacity benefit — widows
13
If, for the purposes of regulation 10, the qualifying date in relation to a person who was entitled to a widow’s allowance would have been earlier than that specified in section 30B(7) of the Contributions and Benefits Act, if in respect of that earlier date she had claimed short–term incapacity benefit and had satisfied the contribution conditions for that benefit specified in paragraph 2 of Schedule 3 to the Contributions and Benefits Act , the qualifying date in relation to her shall nevertheless be that earlier date.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
21st November 1994


text:
1
This Order shall come into force on 29th September 1994 and may be cited as the A417 Trunk Road (North of Stratton to Nettleton Improvement) (Detrunking) Order 1994.
2
The lengths of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road.The length given the reference letter A shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Gloucestershire that the new trunk roads are open for through traffic.
3
In this Order: —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/2/SWM 104 marked “The A417 Trunk Road (North of Stratton to Nettleton Improvement) (Detrunking) Order 1994” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” has the same meaning as in the A417 Trunk Road (North of Stratton to Nettleton Improvement) Order 1994;
Signed by authority of the Secretary of State for Transport
J D Gill
Deputy Director South West Construction Programme Division Highways Agency
12th September 1994


text:
1
This Order may be cited as the Financial Services Act 1986 (Miscellaneous Exemptions) Order 1994 and shall come into force on 1st July 1994.
2
Each of the following persons shall be an exempted person to the extent specified in relation to that person —
a
the Church of Scotland Trust when acting in the exercise of its functions under the Church of Scotland Trust Orders of 1932 to 1985 and the Church of Scotland (Properties and Investments) Order 1994 ;
b
the Church of Scotland Investors Trust when acting in the exercise of its functions under the Church of Scotland (Properties and Investments) Order 1994.
3
Paragraph 7 of Schedule 2 to the Financial Services Act 1986 (Miscellaneous Exemptions) Order 1988 is hereby revoked.
Tim Wood
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
8th June 1994


text:
Citation and Commencement
1
These Regulations may be cited as the Highways (Assessment of Environmental Effects) Regulations 1994 and shall come into force on 11th May 1994.
Amendment of the Highways Act 1980
2
Section 105A of the Highways Act 1980 shall be amended as follows: —
a
in subsection (2), for the words “If he determines” there shall be substituted the words “Where it appears to him”;
b
in subsection (2) after the words “a statement” there shall be inserted the following words —
identifying, describing and assessing in an appropriate manner, in the light of each individual case and in accordance with Articles 4 to 11 of the Directive, the direct and indirect effects of the project on the factors mentioned in Article 3 of the Directive and
c
in subsection (5) the following words shall be added at the end of paragraph (b) “and in his decision he shall state that he has considered the matters set out in paragraph (a)”.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
22nd March 1994
Signed by authority of the Secretary of State for Wales
Wyn Roberts
Minister of State for Wales
30th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Liverpool Obstetric and Gynaecology Services National Health Service Trust (Change of Name) Order 1994 and shall come into force on 11th November 1994.
2
In this Order unless the context otherwise requires —
“ the Order ” means the Liverpool Obstetric and Gynaecology Services National Health Service Trust (Establishment) Order 1991 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the Liverpool Women’s Hospital National Health Service Trust instead of the Liverpool Obstetric and Gynaecology Services National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for the words “Liverpool Obstetric and Gynaecology Services” there shall be substituted the words “Liverpool Women’s Hospital”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all other documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
1st November 1994


text:
Citation and commencement
1
These Regulations may be cited as the Secure Tenants of Local Authorities (Compensation for Improvements) Regulations 1994 and shall come into force on 1st April 1994.
Interpretation
2
In these Regulations —
“qualifying improvement” means an improvement consisting of the installation or replacement of an item specified in column A of the Schedule to these Regulations;
“notional life”, in relation to a qualifying improvement, is the period in years specified in column B of the Schedule to these Regulations opposite the description of that improvement in column A of that Schedule; and any reference to a section, Part or Schedule without more is a reference to a section or Part of or Schedule to the Housing Act 1985.
Entitlement.
3
1
Subject to and in accordance with the following provisions of these Regulations, in the cases described by section 99A(1) a qualifying person is entitled to be paid compensation by his landlord in respect of a qualifying improvement at the time when his tenancy comes to an end .
2
Paragraph (1) shall not apply where —
a
the compensation which would otherwise be payable would be less than £50; or
b
the tenancy comes to an end because
i
in order for possession was made on any of the grounds in Part I of Schedule 2;
ii
the right to buy or the right to acquire on rent to mortgage terms in Part V of the Housing Act 1985 has been exercised;
iii
the dwelling-house has been disposed of to the tenant or one of the joint tenants under section 32 or 43 ; or
iv
a new tenancy of the same, or substantially the same, dwelling-house has been granted to the qualifying person (or, in the case of a joint tenancy, to all of the joint tenants) whether or not with anyone else.
Amount of compensation
4
1
Subject to paragraphs (2) and (3), the amount of compensation payable for a qualifying improvement shall be —
C
×
1
-
Y
N
where —
C
the cost of the improvement, which shall exclude the amount of any grant or minor works assistance under Part VIII of the Local Government and Housing Act 1989 or the Home Energy Efficiency Grants Regulations 1992 paid in respect of the improvement;
N
the notional life of the improvement; and
Y
the number of complete years, with part of a year being rounded up to a complete year, starting on the date the improvement was completed and ending on the date the compensation is claimed.
2
The landlord may deduct from and (in the case of sub-paragraph (c) below) add to the amount of compensation calculated in accordance with paragraph (1) such sum as is reasonable to take into account any of the following matters which applies (notwithstanding, in the case of sub-paragraph (c), that otherwise compensation would not be payable)
a
the cost of the improvement was excessive;
b
the improvement is of a higher quality than it would have been had the landlord properly effected it;
c
the improvement has deteriorated at a lesser rate than provided for in the notional life for that improvement; and
d
the improvement has deteriorated at a greater rate than provided for in the notional life for that improvement.
3
Compensation shall not be payable to the extent that —
a
the amount of compensation for a qualifying improvement would exceed £3,000; or
b
compensation has been paid in relation to the improvement under section 100.
Deductions from payment
5
The landlord may set off against any compensation payable under these Regulations any sums owed to it by the qualifying person.
Claims for compensation
6
A claim for compensation —
a
shall contain sufficient information for the landlord to determine the claim;
b
shall be made in writing within the period starting 28 days before, and ending 14 days after, the tenancy comes to an end; and
c
may be served by post.
Disputes
7
Any question arising under these Regulations shall be determined by the county court.
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
1
This Order may be cited as the Environmental Protection Act 1990 (Commencement No. 16) Order 1994.
Provision coming into force on or after 1st December 1994
2
1
Section 162(2) of the Environmental Protection Act 1990, insofar as it relates to the repeal of the Alkali, &c. Works Regulation Act 1906 (“the 1906 Act ”) in Part I of Schedule 16, shall come into force, for the purposes of the application of the 1906 Act to activities which fall within a description of a process which has been but has ceased to be a prescribed process —
a
on 1st December 1994; or, if later,
b
on the date on which that description of process ceases to be a prescribed process.
2
In this article “prescribed process” has the meaning given in section 1 of the Environmental Protection Act 1990.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
6th November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Yorkshire Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 24th March 1994.
2
In this Order —
“the Authority” means the North Yorkshire Health Authority;
“the Trust” means the North Yorkshire Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 1st October 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 24th 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
2nd March 1994


text:
Citation and commencement
1
These Regulations, which implement article 1.9 of Council Directive 93/40/ EEC amending Directives 81/851/EEC and 81/852/EEC on the approximation of the laws of the Member States relating to veterinary medicinal products , may be cited as the Medicines (Veterinary Medicinal Products) (Applications for Product Licences) (Amendment) Regulations 1994 and shall come into force on 8th September 1994.
Amendment to the Medicines (Veterinary Medicinal Products) (Applications for Product Licences) Regulations 1993
2
1
The Medicines (Veterinary Medicinal Products) (Applications for Product Licences) Regulations 1993 shall be amended in accordance with this Regulation.
2
In regulation 2(1) (interpretation) for the definition of “Directive 81/851” there shall be substituted the following definition:
“Directive 81/851” means Council Directive 81/851/EEC on the approximation of the laws of the Member States relating to veterinary medicinal products as amended by Council Directives 90/676/EEC and 93/40/EEC ;
.
3
In regulation 4(1) (Requirements as to application) for the words “Subject to paragraphs (2) and (3) below” there shall be substituted the words “Subject to paragraphs (2), (3) and (4) below”.
4
After paragraph (3) of regulation 4 there shall be added the following paragraph–
4
In the circumstances described in article 15.2 of Directive 81/851, an applicant for a product licence shall submit to the licensing authority all relevant data available to the applicant.
.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
27th July 1994
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
27th July 1994
Signed by authority of the Secretary of State for Wales:
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
27th July 1994
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 3rd August 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 9th day of August 1994.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 10th day of August 1994.
P. T. Toal
Assistant Secretary