text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mancunian Community Health National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Mancunian Community Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Mancunian Community Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services provided from Mauldeth House, Mauldeth Road West, Chorlton, Manchester M21 7RL, and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
North Manchester Health Authority, Central Manchester Health Authority and South Manchester Health Authority, in accordance with such directions, if any, as the Secretary of State may give under section 17 of the National Health Service Act 1977 , 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;
c
discharge the liabilities of the trust incurred between the establishment date and the operational date that are of a description specified in paragraph (2) of this article; and
d
make the scheme under section 6 of the Act for the transfer of staff to the trust.
2
The liabilities referred to in paragraph (1)(c) of this article 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 or 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 the operational date.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
28th January 1994


type: legislation

jurisdiction: UK

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


text:
Title, extent and commencement
1
These Regulations may be cited as the Arable Area Payments (Amendment) Regulations 1994, shall apply throughout Great Britain and shall come into force on 26th September 1994.
Amendments to the Arable Area Payments Regulations 1994
2
1
The Arable Area Payments Regulations 1994 shall be amended in accordance with the following paragraphs of this regulation.
2
Sub-paragraph (a) of regulation 8(3) shall be replaced by the following —
a
shall not be required to comply with any provision of Schedule 2 (except as applied by Schedule 3), but
.
3
Paragraph (4) of regulation 9 shall be replaced by the following:
4
For the purposes of Article 2(1)(d) of Commission Regulation 2294/92 (which restricts eligibility for compensatory payments in respect of oil seed crops to areas sown in accordance with locally recognised standards) —
a
a farmer who sows —
i
a crop of winter high erucic acid rapeseed within 50 metres of a crop of previously sown winter OO rapeseed;
ii
a crop of spring high erucic acid rapeseed within 50 metres of a crop of previously sown spring OO rapeseed;
iii
a crop of winter OO rapeseed within 50 metres of a crop of previously sown winter high erucic acid rapeseed; or
iv
a crop of spring OO rapeseed within 50 metres of a crop of previously sown high erucic acid rapeseed,
shall not be regarded as having sown that crop in accordance with locally recognised standards; and
b
a farmer who in any case referred to in paragraphs (i) to (iv) of sub-paragraph (a) above, has also sown the previously sown crop, shall not be regarded as having sown that previously sown crop in accordance with locally recognised standards.
.
4
At the end of regulation 9(5)(c) the word “and” shall be deleted.
5
The following sub-paragraphs shall be inserted at the end of regulation 9(5) —
e
“high erucic acid rapeseed” means rapeseed of any variety conforming to the requirements of Annex IV to Commission Regulation 2294/92, except rapeseed;
f
“winter OO rapeseed” and “winter high erucic acid rapeseed” means OO or high erucic acid (as the case may be) rapeseed sown before 31st December in the year before the intended year of harvest of the crop; and
g
“spring OO rapeseed” and “spring high erucic acid rapeseed” means OO or high erucic acid (as the case may be) rapeseed sown in the same calendar year as it is intended to harvest the crop.
.
6
Sub-paragraph (b) of regulation 16(2) shall be replaced by the following —
b
fails without reasonable excuse to comply with a requirement of an authorised person pursuant to regulation 14(4)(a) or (c) or with a request made under regulation 15,
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
William Waldegrave
Minister of Agriculture, Fisheries and Food
25th August 1994.
Fraser of Carmyllie
Minister of State, Scottish Office
31st August 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Glenfield Hospital National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th August 1994.
2
In this Order —
“the Authority” means the Leicestershire Health Authority;
“the Trust” means the Glenfield 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 16th March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th August 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
15th July 1994


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


text:
1
These Regulations may be cited as the Rules of the Air (Third Amendment) Regulations 1994 and shall come into force on 1st July 1994.
2
The Schedule to the Rules of the Air Regulations 1991 shall be amended as follows:
1
For rule 5(2)(a) there shall be substituted:
2
a
The provisions of paragraphs (1)(a)(ii) and (1)(c)(i) of this rule shall not apply to an aircraft flying:
i
on a route notified for the purposes of this rule; or
ii
on a special VFR flight;
unless the aircraft is landing or taking off.
.
2
At the beginning of rule 25(b)(ii) there shall be inserted “Subject to sub-paragraph (iii),” and after rule 25(b)(ii) there shall be added:
iii
sub-paragraph (ii) shall be deemed to be complied with if:
aa
the aircraft is not a helicopter and is flying at or below 3,000 feet above mean sea level at a speed which, according to its airspeed indicator, is 140 knots or less and it remains clear of cloud, in sight of the surface and in a flight visibility of at least 5 km; or
bb
the aircraft is a helicopter flying at or below 3,000 feet above mean sea level and it remains clear of cloud and in sight of the surface.
.
3
Rule 40 shall be omitted.
4
For rule 44(2) there shall be substituted:
2
a
two yellow broken lines and two continuous lines, as illustrated in this paragraph,
signifies the holding position closest to the runway beyond which no part of a flying machine or vehicle shall project in the direction of the runway without permission from the air traffic control unit at the aerodrome during the notified hours of watch of that unit. Outside the notified hours of watch of that unit or where there is no air traffic control unit at the aerodrome the markings signify the position closest to the runway beyond which no part of a flying machine or vehicle shall project in the direction of the runway when the flying machine or vehicle is required by virtue of rule 37(3)(a) of these Rules to give way to aircraft which are taking off from or landing on that runway.
b
a yellow marking, as illustrated in this paragraph,
signifies a holding position other than that closest to the runway beyond which no part of a flying machine or vehicle shall project in the direction of the runway without permission from the air traffic control unit at the aerodrome during the notified hours of watch of that unit. Outside the notified hours of watch of that unit or where there is no air traffic control unit at the aerodrome the marking may be disregarded.
.
5
Rule 51 shall be omitted.
Signed by authority of the Secretary of State for Transport
Mackay of Ardbrecknish
Parliamentary Under Secretary of State,
Department of Transport
26th May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St. James’s and Seacroft University Hospitals National Health Service Trust (Establishment) Order 1994 and shall come into force on 1st April 1995.
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 ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the St. James’s and Seacroft University Hospitals 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 St. James’s and Seacroft University Hospitals 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 St. James’s University Hospital, Beckett Street, Leeds LS9 7TF, Seacroft Hospital, York Road, Leeds LS14 6OM and associated hospitals (including the management of their teaching and research facilities);
b
to manage community health services provided from the St. James’s University Hospital, Beckett Street, Leeds LS9 7TF 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 Leeds.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th December 1994


text:
1
This Scheme may be cited as the M27 South Coast Motorway (Ower–Chilworth Section) Connecting Roads Scheme 1970 (Variation) Scheme 1994 and shall come into force on 16th September 1994.
2
The M27 South Coast Motorway (Ower–Chilworth Section) Connecting Roads Scheme 1970 is hereby varied by deletion of the reference letter “A” from line 5 in paragraph 1 of the Schedule; and the heavy black line on site plan numbered 1 (within the meaning of that Scheme) which is given the reference letter “A” together with that reference letter and associated markings on that plan shall be disregarded.
Signed by authority of the Secretary of State for Transport
A. D. Rowland
Director South East Network Management Division
Highways Agency
12th August 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Luton and Dunstable Hospital Trust National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 23rd March 1994.
2
In this Order —
“the Authority” means the South Bedfordshire Health Authority;
“the Trust” means the Luton and Dunstable Hospital Trust 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 31st March 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 23rd 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
1st March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Berkshire and Battle Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th June 1994.
2
In this Order —
“the Authority” means the Berkshire Health Authority;
“the Trust” means the Royal Berkshire and Battle 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 8th February 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th June 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th May 1994


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Reporting Requirements for Ships Carrying Dangerous or Polluting Goods) Regulations 1994 and shall come into force on 11th January 1995.
Interpretation and revocation
2
1
In these Regulations:
“dangerous goods” means any substance which is within the definition of “dangerous goods” in regulation 1(3) of the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990 ;
“discharge” means any release, howsoever caused, from a ship and includes escape, disposal, spilling, leaking, pumping , emitting or emptying; but does not include —
dumping within the meaning of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter signed in London on 13th November 1972 ; or
any release directly arising from the exploration, exploitation or associated offshore processing of sea-bed mineral resources; or
any release for the purposes of legitimate scientific research into pollution abatement or control;
“the IMDG Code” means the 1990 edition of the International Maritime Dangerous Goods Code published by the International Maritime Organization, as amended from time to time by any document which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“in bulk” means directly and without intermediate form of containment in a hold or cargo space, which is a structural part of or permanently attached to a ship;
“infectious substances” means any substance of Class 6.2 in the IMDG Code;
“marine pollutant” means a substance which presents a hazard to the marine environment or is identified in the IMDG Code as a marine pollutant;
“noxious liquid substance” means any substance which is within the definition of “noxious liquid substances” in regulation 1(2) of the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987 ;
“oil” means petroleum in any form including crude oil, fuel oil, sludge and oil refuse and any refined petroleum products, other than petrochemicals which are noxious liquid substances;
“operator”, in relation to a ship, includes any owner, manager, charterer or agent of the ship;
“package” means an individual package or receptacle described in the IMDG Code and includes a freight container or a portable tank or tank container or tank vehicle or other vehicle or other cargo transport unit;
“packaged goods” means packaged dangerous goods or packaged marine pollutants;
“radioactive materials” means any substance of Class 7 in the IMDG Code;
“ship” includes a vessel of any type whatsoever operating in the marine environment or in other waters navigable by sea-going vessels and (without prejudice to the generality of the foregoing) includes submersible craft, floating craft, a structure which is a fixed or floating platform, and hovercraft;
“shipper” means a person who, whether as principal or agent for another, consigns for carriage by sea dangerous goods or marine pollutants;
“United Kingdom ship” means a ship which —
is registered under the Merchant Shipping (Registration, etc. ) Act 1993 ; or
is not registered under the law of any other country but is wholly owned by persons each of whom is —
a British citizen, a British Dependent Territories citizen or a British Overseas citizen, or
a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.
2
The Merchant Shipping (Reporting of Pollution Incidents) Regulations 1987 are hereby revoked.
3
In the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990 regulation 9(3) and 9(7) shall be omitted.
Application
3
These Regulations apply to:
a
United Kingdom ships; and
b
other ships while they are within the United Kingdom or the territorial waters thereof.
Report prior to leaving port
4
1
a
Before a ship carrying packaged goods or solid dangerous goods in bulk departs from a port, the operator and master shall arrange for a copy of any list, manifest or stowage plan required by regulation 9(1) or 17(3) of the Merchant Shipping (Dangerous Goods and Marine Pollutants) Regulations 1990 to be kept on shore, and it shall be the duty of the operator to retain it there until the goods are discharged from the ship or for a period of six months from loading whichever period is the shorter.
b
It shall be the duty of the operator to furnish on demand —
i
where the port of departure is in the United Kingdom, to any person or authority designated for this purpose by the Secretary of State; and
ii
where the port of departure is not in the United Kingdom, to the State in which it is situated,
the list, manifest or stowage plan referred to in sub-paragraph (a).
2
Without prejudice to paragraph (1) above, the shipper shall provide prior notification of each shipment of radioactive material in accordance with the requirements in the IMDG Code for Class 7 goods.
Incidents involving infectious substances
5
In the event of damage or leakage to a package containing infectious substances, the master shall report the incident by the fastest telecommunication channel available, in accordance with the requirements in the IMDG Code for Class 6.2 goods.
Report in the event of an incident
6
1
The master of a ship involved in an incident involving:
a
an actual or probable discharge of oil, or a noxious liquid substance carried in bulk resulting or likely to result from damage to the ship or its equipment, or made or likely to be made for the purpose of securing the safety of a ship or saving life; or
b
an actual or probable discharge of packaged goods from the ship; or
c
an actual discharge during the operation of the ship of oil or a noxious liquid substance in excess of the quantity or instantaneous rate permitted under the relevant provisions of the Merchant Shipping (Prevention of Oil Pollution) Regulations 1983 or of the Merchant Shipping (Control of Pollution by Noxious Liquid Substances in Bulk) Regulations 1987,
shall report the particulars of such an incident without delay and in accordance with the requirements of regulations 7 and 9.
2
In the event of a report from such a ship being incomplete or unobtainable, the operator shall make or complete the report required by paragraph (1).
Contents of reports following an incident
7
1
A report under regulation 6 or, if there is more than one, the initial report, shall as to form and content comply with the standard reporting requirements.
2
In this regulation, “the standard reporting requirements” means the requirements stated in —
a
part 2 (Standard Reporting Format and Procedures); and
b
sections 3.1, 3.2 and 3.3 of part 3 (Guidelines for Detailed Reporting Requirements);
of the Appendix to the Annex to Resolution A.648(16) on the General Principles for Ship Reporting Systems and Ship Reporting Requirements, including Guidelines for Reporting Incidents Involving Dangerous Goods, Harmful Substances and/or Marine Pollutants, adopted by the Assembly of the International Maritime Organization on 19th October 1989.
Supplementary reports
8
Any person required under regulation 6(1) or (2) to make a report shall:
a
make such a supplementary report or reports as may be appropriate in the circumstances —
i
supplementing the information contained in the initial report as necessary; and
ii
providing information concerning further developments; and
b
comply with any request for additional information made by or on behalf of the government of a state whose interests may be affected by the incident.
Reporting procedures
9
Any report under regulation 6 shall be made by the fastest telecommunications channels available with the highest possible priority to the nearest coastal state.
Penalties, etc.
10
1
Any contravention of these Regulations shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum or on conviction on indictment by a fine.
2
It shall be a defence for a person charged under this regulation to show that he took all reasonable precautions and exercised due diligence to avoid the commission of the offence.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
14th December 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Welfare Food Amendment Regulations 1994 and shall come into force on 19th August 1994.
2
In these Regulations “the principal Regulations ” means the Welfare Food Regulations 1988 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation) —
a
for the definition of “local authority” there shall be substituted the following definition —
“local authority” has the same meaning as in section 105(1) of the Children Act 1989 ;
; and
b
the definition of “local social services authority” shall be omitted.
Amendment of regulation 4 of the principal Regulations
3
In regulation 4 of the principal Regulations (additional milk or dried milk for children in day care) for paragraphs (1) to (4) there shall be substituted the following paragraphs —
1
Subject to paragraph (1C), a child who has not attained the age of 5 years and who is being looked after by, or provided with day care by, any person mentioned in paragraph (1B) who is approved by the Secretary of State under paragraph (4) shall be entitled, for each day on which he is so looked after for two hours or more or is so provided with day care for two hours or more —
a
if he has attained the age of one year, one-third of a pint of milk;
b
if he has not attained the age of one year, either one-third of a pint of milk or dried milk made up to provide one-third of a pint.
1A
Entitlement under paragaph (1) is entitlement free of charge and is in addition to any entitlement under regulation 3.
1B
The persons referred to in paragraph (1) are —
a
a registered childminder;
b
a registered day care provider;
c
a local authority;
d
a person who, though providing day care, is not required to be registered under section 71(1)(b) of the Children Act 1989 because of —
i
an exemption provided by paragraph 3(1) of Schedule 9 to that Act (in this regulation called “the paragraph 3 exemption”), or
ii
an exemption provided by paragraph 4(1) of that Schedule (in this regulation called “the paragraph 4 exemption”).
1C
Entitlement under paragaph (1) is limited, in the case of a child being looked after or provided with day care by —
a
a local authority, to children being provided with day care in the exercise by the authority of functions under section 18 of the Children Act 1989 or under section 12 of the Social Work (Scotland) Act 1968 ;
b
a person to whom the paragraph 4 exemption applies, to children being looked after as part of the establishment’s activities only because they are children of persons carrying on or employed to work at that establishment.
2
Any of the persons mentioned in paragraph (1B) may apply to the Secretary of State in accordance with paragraph (3) for approval under paragraph (4).
3
An application under paragraph (2) shall —
a
be in writing;
b
be accompanied by the information specified in paragraph 1 of Schedule 3;
c
include a declaration that the information supplied is correct and complete;
d
in the case of an application by a person referred to in paragraph (1B)(a) or (b), also be accompanied or supported by a copy of the, or if the Secretary of State so requires the original, certificate of registration issued to that person under paragraph 6 of Schedule 9 to the Children Act 1989;
e
in the case of an application by a person to whom the paragraph 3 exemption applies, also be accompanied by a declaration in writing —
i
that he is carrying on an establishment of a type referred to in paragraph 3(1) of Schedule 9 to the Children Act 1989 and the provision for day care is made as part of the establishment’s activities, or
ii
that he is a person employed to work at such an establishment and is authorised to make provision for day care as part of the establishment’s activities;
f
in the case of an application by a person to whom the paragraph 4 exemption applies, also be accompanied by a declaration in writing —
i
that he is carrying on an establishment of a type referred to in paragraph 4(1) of Schedule 9 to the Children Act 1989, and that provision for day care is made as part of the establishment’s activities for the children of persons carrying on or employed to work at the establishment, or
ii
that he is a person employed to work at such an establishment and is authorised to make such provision for day care as part of the establishment’s activities.
4
The Secretary of State shall give his approval in writing if satisfied that the applicant is a person mentioned in paragraph (1B) who can make adequate arrangements for the provision of milk or dried milk or provide milk or dried milk for the purposes of this regulation; and the Secretary of State may withdraw his approval if he ceases to be so satisified.
4A
A person who is approved by the Secretary of State under paragraph (4) shall notify the Secretary of State of any change to the information specified in paragraph 1 of Schedule 3.
.
Amendment of regulation 5 of the principal Regulations
4
In regulation 5(1) of the principal Regulations (purchase of welfare food) for “£3.40” there shall be substituted “£3.50”.
Amendment of Schedule 1 to the principal Regulations
5
In Schedule 1 to the principal Regulations (dried milk specified for the purpose of the regulations) —
a
for the entry in column (1) “Farley’s OsterMilk” there shall be substituted the entry “Farley’s First Milk”; and
b
for the entry in column (1) “Farley’s OsterMilk Two” there shall be substituted the entry “Farley’s Second Milk”.
Amendment of Schedule 3 to the principal Regulations
6
In Schedule 3 to the principal regulations (applications for approval and reimbursement — milk and dried milk for children in day care) —
a
in paragraph 1(a) after the word “applicant” there shall be added the following words “and whether a registered childminder, a registered day care provider, a local authority or a person carrying on or employed to work at an establishment mentioned in paragraph 3(1) or 4(1) of Schedule 9 to the Children Act 1989 and if so the type of establishment”;
b
after paragraph 1(c) there shall be inserted the following sub-paragraph —
cc
the name and address of the person to whom payment is to be made
; and
c
in paragraph 1(e) before the word “number” there shall be inserted the word “maximum”.
Amendment of Schedule 5 to the principal Regulations
7
At the end of paragraph 2 of Schedule 5 to the principal Regulations (submission of tokens to Secretary of State for reimbursement) there shall be added the following sub-paragraph —
6
a description of the business carried on by the supplier.
.
Revocations
8
Regulations 2(2) to (6) and 3 of the Welfare Food Amendment Regulations 1992 and regulation 4(1) of the Welfare Food Amendment Regulations 1993 are hereby revoked.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
Department of Health
28th July 1994


text:
1
These Regulations may be cited as the Valuation for Rating (Plant and Machinery) Regulations 1994 and shall come into force on 1st April 1995.
2
For the purpose of determining the rateable value of a hereditament for any day on or after 1st April 1995, in applying the provisions of sub-paragraphs (1) to (7) of paragraph 2 of Schedule 6 to the Local Government Finance Act 1988–
a
in relation to a hereditament in or on which there is plant or machinery which belongs to any of the classes set out in the Schedule to these Regulations, the prescribed assumptions are that:
i
any such plant or machinery is part of the hereditament; and
ii
the value of any other plant and machinery has no effect on the rent to be estimated as required by paragraph 2(1); and
b
in relation to any other hereditament, the prescribed assumption is that the value of any plant or machinery has no effect on the rent to be so estimated.
3
The valuation officer shall, on being so required in writing by the occupier of any hereditament, supply to him particulars in writing showing what plant and machinery, or whether any particular plant or machinery, has been assumed in pursuance of regulation 2(a) to form part of the hereditament.
4
1
Subject to paragraph (2), the Valuation for Rating (Plant and Machinery) Regulations 1989( ) are revoked.
2
The Valuation for Rating (Plant and Machinery) Regulations 1989 shall continue to have effect for the purpose of determining the rateable value of a hereditament for any day before 1st April 1995.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
14th October 1994
John Redwood
Secretary of State for Wales
16th October 1994


text:
PART 1:
GENERAL
Citation and commencement
1
These regulations may be cited as the Education (Registered Inspectors of Schools Appeal Tribunal) (Procedure) Regulations 1994 and shall come into force on 15th April 1994.
Interpretation
2
In these Regulations, unless the context otherwise requires–
“ the Act ” means the Education (Schools) Act 1992;
“appellant” means a person who brings an appeal under section 12 of the Act;
“ Chairman ” means the Chairman of the Tribunal;
“the Chief Inspector ” means either the Chief Inspector for England appointed under section 1(1) of the Act or the Chief Inspector for Wales appointed under section 5(1) of the Act, as the case may be;
“costs” includes fees, charges, disbursements, expenses and remuneration;
“disputed decision” means the matter in relation to which the appellant or intending appellant appeals or desires to appeal to the Tribunal;
“proper officer” in relation to a regulation means an officer or servant of the Tribunal appointed by the Chairman to perform the duties of a proper officer under that regulation;
“the register” means the register kept by a proper officer of the Tribunal.
PART 2:
MAKING AN APPEAL TO THE TRIBUNAL AND REPLY BY THE CHIEF INSPECTOR
(A)
THE APPELLANT
Method of appealing
3
1
An appeal to the Registered Inspectors of Schools Appeal Tribunal shall be made by written notice. A form approved by the Chairman of the Tribunal which may be used for making an appeal may be obtained from the offices of the Chief Inspector, or from the Tribunal. If a copy of the approved form is not for any reason available, the notice of appeal may be in such form as the Tribunal may accept.
2
The notice of appeal shall state:
a
the name and address of the appellant;
b
the date and any reference number of the disputed decision and whether the disputed decision was taken by the Chief Inspector for England or the Chief Inspector for Wales;
c
the grounds of the appeal;
d
where applicable, the special circumstances which the appellant considers justify the Tribunal’s accepting jurisdiction under regulation 4(2) below;
e
the name and address and (where applicable) the profession of the representative (if any) of the appellant and whether the Tribunal should send replies or notices concerning the appeal to the representative instead of the appellant.
3
A copy of the disputed decision shall be attached to the notice of appeal.
4
The appellant or his representative shall sign the notice of appeal.
5
A proper officer of the Tribunal will acknowledge the receipt of the notice of appeal and will inform the appellant or his representative of any further steps which he must take to enable the Tribunal to determine the appeal, and the time and place of the hearing of the appeal.
Time limit for appealing
4
1
Subject to paragraph (2) below, a notice of appeal shall not be valid unless it is served on the Tribunal within twenty–eight days of the date on which the notice or notification relating to the disputed decision was served on or given to the appellant.
2
The Tribunal may accept a notice of appeal served after expiry of the period permitted by paragraph (1) above if it is of the opinion that, by reason of special circumstances, it is just and right to do so.
Amendment of notice of appeal and delivery of supplementary grounds of appeal
5
1
The appellant may, at any time before he is notified of the date of the hearing of the appeal, amend his notice of appeal or deliver a supplementary statement of grounds of appeal.
2
The appellant may amend any notice of appeal or supplementary statement of grounds of appeal with the leave of the Tribunal at any time after he has been notified of the date of the hearing of the appeal or at the hearing itself. The Tribunal may grant such leave on such terms as it thinks fit, including the payment of costs.
3
The appellant shall send a copy of every amendment and supplementary statement to the Tribunal.
Application for directions
6
The appellant may apply to the Tribunal to give directions about any matter relating to the hearing of his appeal. An application for directions shall be made in writing to the Tribunal with sufficient copies to enable the Tribunal to serve a copy on the other party.
Withdrawal of appeal
7
1
The appellant may:
a
at any time before the hearing of the appeal withdraw his appeal by sending to the Tribunal a notice stating that he withdraws his appeal, signed by him or his representative;
b
at the hearing of the appeal, with the leave of the Tribunal, withdraw his appeal.
2
Where an appeal is withdrawn, a fresh appeal may not be brought in relation to the same decision except with the leave of the Tribunal.
Action of appellant on receipt of notice of hearing
8
1
A proper officer will serve on the appellant a notice informing him of the time and place of any oral hearing which is to be held which, unless the parties otherwise agree, shall not be earlier than twenty–one days after the date on which the notice is sent. Such notice will include, in a form approved by the Chairman, guidance regarding the rules of evidence and procedure which apply to the hearing.
2
When he receives the notice of the time and place of hearing, the appellant shall inform the Tribunal whether or not he intends to attend or be represented at the hearing and whether or not he intends to call witnesses.
3
If the appellant does not intend to attend or be represented at the hearing, he may send to the Tribunal additional written representations in support of his appeal.
Representation at hearing
9
At the hearing of an appeal, the appellant may conduct the case himself (with assistance from any person if he wishes) or may be represented by any person whom he may appoint for the purpose, whether or not he has notified the Tribunal of that person’s name and address under regulation 3(2)(e).
(B)
THE REPLY BY THE CHIEF INSPECTOR
Chief Inspector’s reply
10
1
On receipt of a copy of a notice of appeal the Chief Inspector shall deliver to the Tribunal a written reply acknowledging service of the notice of appeal and stating:–
a
whether or not the Chief Inspector intends to oppose the appeal and the grounds on which he relies in opposing the appeal;
b
the name and address and (where appropriate) the profession of the representative (if any) of the Chief Inspector and whether such address is the address for service of the Chief Inspector for the purposes of the appeal;
c
whether the Chief Inspector wishes a hearing to be held or not.
2
The Chief Inspector shall include with his reply a statement summarising the facts relating to the disputed decision and, if the reasons for it were not communicated to the appellant at the same time as the decision itself, the reasons for it, together with copies of the documents on which he relied in making the disputed decision, and shall deliver to the Tribunal an additional copy of the reply and of those documents so that the proper officer can provide a copy of each of them to the appellant.
3
Every such reply shall be signed by a member of the Chief Inspector’s staff who has been authorised by him to sign such documents and shall be delivered to the Tribunal not later than twenty–eight days after the date on which the copy of the notice of appeal was received by the Chief Inspector from the Tribunal.
4
The Chief Inspector may include in the reply, or in a separate notice to the Tribunal:–
a
a request for further particulars of the appeal;
b
a request for a determination of any question as a preliminary issue.
5
The provisions of paragraph (3) of regulation 14 shall apply in relation to any document required by paragraph (2) above to be included with the reply.
Amendment of reply and application for directions by the Chief Inspector
11
1
The Chief Inspector may at any time before he is notified of the date of the hearing of the appeal amend his reply or deliver a supplementary statement by way of reply.
2
The Chief Inspector may amend any reply or supplementary statement with the leave of the Tribunal at any time after he has been notified of the date of the hearing of the appeal or at the hearing itself. The Tribunal may grant such leave on such terms as it thinks fit, including the payment of costs.
3
The Chief Inspector may apply to the Tribunal to give directions as to any matter relating to the hearing of the appeal.
4
The Chief Inspector shall send a copy of every amendment and supplementary statement to the Tribunal.
Failure to reply and absence of opposition
12
If no reply is received by the Tribunal within the time appointed by regulation 10(3) or any extension of time allowed by the Tribunal, or if the Chief Inspector states in writing that he does not resist the appeal, or withdraws his opposition to the appeal, the Tribunal may determine the appeal on the basis of the notice of appeal without a hearing.
Representation at, and action of the Chief Inspector on notification of, hearing
13
1
At the hearing of an appeal, the Chief Inspector may be represented by counsel or a solicitor or a member of his staff.
2
When he receives a notice of the time and place of the hearing of the appeal, the Chief Inspector shall inform the Tribunal whether or not he intends to attend or be represented at the hearing, and whether or not he intends to call witnesses.
3
If the Chief Inspector does not intend to attend or be represented at the hearing, he may send to the Tribunal additional written representations in support of his reply.
PART 3:
PREPARATION FOR A HEARING
Acknowledgement and registration of appeal and service of documents by proper officer
14
1
Upon receiving a notice of appeal, the proper officer shall:–
a
send to the appellant a notice of its receipt, which shall include a notification that advice in relation to the proceedings may be obtained from the office of the Tribunal; and
b
enter particulars of it in a register, and inform the parties in writing of the case number of the appeal entered in the register (which shall thereafter constitute the title of the proceedings) and of the address to which notices and other communications to the Tribunal shall be sent.
2
Subject to paragraph (3), the proper officer shall forthwith serve a copy of a notice of appeal and of any reply, together with any amendments or supplementary statements, written representations or other documents received from a party, on the other party:
Provided that if any such matter is sent or delivered to the Tribunal after the time prescribed by these Regulations, the proper officer shall defer the service of such copies pending a decision by the Tribunal for the extension of the time limit.
3
If any document referred to in paragraph (2) contains any matter that relates to intimate personal or financial circumstances, is commercially sensitive, or consists of information communicated or obtained in confidence and for that reason the Chief Inspector seeks to restrict its disclosure, he shall inform the Tribunal of that fact and of his reasons for seeking such a restriction. In any such case the proper officer shall serve the copies as provided in this regulation only in accordance with the directions of the Tribunal.
Directions in preparation for a hearing
15
1
The Tribunal may at any time, on the application of a party or of its own motion, give such directions (including the issue of a witness summons) as are provided in this Part of these Regulations to enable the parties to prepare for the hearing or to assist the Tribunal to determine the issues:
Provided that:–
a
no person shall be compelled to give any evidence or produce any document or other material that he could not be compelled to give or produce at a trial of an action in a court of law in England or Wales; and
b
in exercising the powers conferred by this regulation, the Tribunal shall take into account the need to protect any matter that relates to intimate personal or financial circumstances, is commercially sensitive, or consists of information communicated or obtained in confidence.
2
An application by a party for directions shall be made in writing to the Tribunal and, unless it is accompanied by the written consent of the other party, shall be served by the Tribunal on the other party. If the other party objects to the directions sought, the Tribunal shall consider the objection and, if it considers it necessary for the determination of the application, shall give the parties an opportunity of appearing before it.
3
A direction shall include a statement of the possible consequences for the appeal, as provided by regulation 19, of a party’s failure to comply with the direction within the time allowed by the Tribunal.
Particulars and supplementary statements
16
The Tribunal may give directions requiring either party to provide any particulars or supplementary statements as may be reasonably required for the determination of the appeal within such time as the Tribunal may allow.
Disclosure of documents and other material
17
The Tribunal may give directions requiring a party to deliver to the Tribunal within such time as the Tribunal may allow any document or other material which the Tribunal may require and which it is in the power of the party to deliver. The Tribunal shall make such provision as it thinks necessary to supply copies of any document obtained under this regulation to the other party, and it shall be a condition of such supply that a party shall use such a document only for the purposes of the appeal.
Summoning of witnesses
18
1
The Tribunal may by summons require any person in England or Wales to attend as a witness at a hearing of an appeal at such time and place as may be specified in the summons and, subject to the proviso to regulation 15(1), at the hearing to answer any questions or produce any documents in his custody or under his control which relate to any matter in question in the appeal:
Provided that:–
a
no person shall be required to attend in obedience to such a summons unless he has been given at least seven days' notice of hearing or, if less than seven days, has informed the Tribunal that he accepts such notice as he has been given; and
b
no person, other than the appellant or the Chief Inspector or a member of his staff, shall be required in obedience to such a summons to attend and give evidence or produce any document unless the necessary expenses of his attendance are paid or tendered to him.
Failure to comply with certain directions
19
If any directions given to a party under this Part of these Regulations are not complied with by that party, the Tribunal may, before or at the hearing, dismiss the whole or part of the appeal or, as the case may be, strike out the whole or part of the Chief Inspector’s reply and, where appropriate, direct that the Chief Inspector shall be debarred from contesting the appeal altogether:
Provided that the Tribunal shall not so dismiss or strike out or give such a direction unless it has sent notice to the party who has not complied with the direction giving him an opportunity within a period of not less than twenty–one days to explain why it should not do so.
Varying or setting aside of directions
20
Where a person to whom a direction (including any summons) issued under this Part of these Regulations is addressed had no opportunity of objecting to the making of such direction, he may apply to the Tribunal to vary it or set it aside, but the Tribunal shall not do so without first notifying the person who applied for the direction and considering any representations made by him.
Notice of place and time of hearing
21
1
A proper officer shall, with due regard to the convenience of the parties, appoint a time and place for an oral hearing and, not less than twenty–one days before the date so fixed (or such shorter time as the parties agree), send to each party a notice of the hearing at such time and place.
2
The proper officer shall include in or with the notice of hearing:
a
information and guidance, in a form approved by the Chairman, as to attendance at the hearing of the parties and witnesses, the bringing of documents, and the right of representation by another person;
b
a statement of the right of the parties to ask for and to receive reasons in writing for a decision of the Tribunal;
c
a statement explaining the possible consequences of non–attendance and of the right of any party who does not attend and is not represented, to make representations in writing.
3
The Tribunal may alter the time and place of any oral hearing and the proper officer shall give the parties not less than seven days (or such shorter time as the parties agree) notice of any such alteration:
Provided that any altered hearing date shall not (unless the parties agree) be before the date notified under paragraph (1) of this regulation.
4
The Tribunal may from time to time adjourn the oral hearing and, if the time and place of the adjourned hearing are announced before the adjournment, no further notice shall be required.
Public notice of hearings
22
The proper officer shall provide for public inspection at the principal office of the Tribunal a list of all appeals for which an oral hearing is to be held and of the time and place fixed for the hearing.
PART 4:
DETERMINATION OF APPEALS
Power to determine an appeal without a hearing
23
1
The Tribunal may determine an appeal, or any particular issue, without an oral hearing–
a
if both parties so agree in writing; or
b
in the circumstances described in regulation 12; or
c
if it appears to the Tribunal that the issues raised on the appeal have been determined on a previous appeal brought by the appellant on the basis of facts which did not materially differ from those to which the appeal relates and the Tribunal has given the parties an opportunity of making representations to the effect that the appeal ought not to be determined without a hearing.
2
The provisions of regulations 25(2) and 26(5) shall apply in respect of the determination of an appeal, or any particular issue, under this regulation.
Hearings to be in public: exceptions
24
1
The hearing of an appeal shall be in public unless, having regard to all the circumstances, the Tribunal directs that the hearing or any part of the hearing shall take place in private.
2
In exercising the power conferred by paragraph (1) the Tribunal shall take into account the need to protect any matter that relates to intimate personal or financial circumstances, is commercially sensitive, or consists of information communicated or obtained in confidence.
3
The following persons may attend the hearing of an appeal notwithstanding that it is in private–
a
a member of the Council on Tribunals in his capacity as such; and
b
any other person with the leave of the Tribunal and the consent of the parties present.
and the member of the Council on Tribunals may remain with the Tribunal during, but may take no part in, their deliberations as to their decision, notwithstanding that other persons present at the hearing have been required to withdraw.
4
Without prejudice to any other powers it may have, the Tribunal may exclude from the hearing, or part of it, any person whose conduct has disrupted or is likely, in the opinion of the Tribunal, to disrupt the hearing.
Failure of parties to attend at hearing
25
1
If a party fails to attend or be represented at a hearing of which he has been duly notified, the Tribunal may:–
a
unless it is satisfied that there is sufficient reason for such absence, hear and determine the appeal in the party’s absence; or
b
adjourn the hearing;
and may make such order as to costs as it thinks fit.
2
Before deciding to dispose of any appeal in the absence of a party, the Tribunal shall consider any representations in writing submitted by that party in response to the notice of hearing and, for the purpose of this regulation, the notice of appeal and any reply shall be treated as representations in writing.
3
Where an appellant has failed to attend a hearing of which he was duly notified, and the Tribunal has disposed of the appeal, no fresh appeal may be made by the apellant to the Tribunal against the same disputed decision without the prior leave of the Tribunal:
Provided that nothing in this paragraph shall preclude the appellant making an application for a review of the Tribunal’s decision under regulation 29.
Procedure at hearing
26
1
At the beginning of the hearing the Chairman shall explain the order of proceeding which the Tribunal proposes to adopt.
2
Subject to this regulation, the Tribunal shall conduct the hearing in such manner as it considers most suitable to the clarification of the issues before it and generally to the just handling of the proceedings; it shall so far as appears to it appropriate seek to avoid formality in its proceedings.
3
The parties shall be heard in such order as the Tribunal shall determine. They shall be entitled to give evidence, to call witnesses, to question any witnesses and to address the Tribunal both on the evidence and generally on the subject matter of the appeal.
4
Evidence before the Tribunal may be given orally or, if the Tribunal so orders, by affidavit or written statement, but the Tribunal may at any stage of the proceedings require the personal attendance of any deponent or maker of a written statement.
5
The Tribunal may receive evidence of any fact which appears to the Tribunal to be relevant notwithstanding that such evidence would be inadmissible in proceedings before a court of law, but shall not refuse to admit any evidence which is admissible at law and is relevant.
6
At any hearing the Tribunal may, if it is satisfied that it is just and reasonable to do so, permit a party to rely on grounds not stated in his notice of appeal or, as the case may be, his reply and to adduce any evidence not presented to the Chief Inspector before or at the time he took the disputed decision.
7
A Tribunal may require any witness to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.
Expert evidence
27
The Tribunal may, where it considers it desirable to do so, request any person to assist it at a hearing by attending to give expert evidence on payment to him of such fee as the Tribunal considers reasonable.
Decision by Tribunal
28
1
A decision of the Tribunal may be taken by a majority and the decision shall record whether it was unanimous or taken by a majority:
Provided that where in accordance with regulation 33 the Tribunal is constituted by two members, the Chairman shall have a second or casting vote.
2
The decision of the Tribunal may be given orally at the end of a hearing or reserved and, in any event, whether there has been a hearing or not, the decision shall be recorded in a document which, save in the case of a decision by consent, shall contain a statement of the reasons for the decision, and shall be signed and dated by the Chairman.
3
Subject to paragraph (4), every document referred to in this regulation shall, as soon as may be, be entered in the register and the proper officer shall send a copy of the entry to each party.
4
Where any such document refers to any evidence that has been heard in private, only a summary of the document, omitting such material, shall be entered in the register as the Tribunal may direct, but copies of the complete document shall be sent to the parties together with a copy of the entry.
5
Except where a decision has been announced at the conclusion of a hearing, it shall be treated as having been made on the date on which the copy is sent to the appellant.
Review of Tribunal’s decision
29
1
If, on the application of a party or of its own motion, a Tribunal is satisfied that:–
a
its decision was wrongly made as a result of an error on the part of the Tribunal staff;
b
a party, who was entitled to be heard at a hearing but failed to appear or be represented, had good and sufficient reason for failing to appear;
c
new evidence has become available since the making of the decision, provided that its existence could not have been reasonably known of or foreseen; or
d
the interests of justice require,
the Tribunal may review and, by certificate under the Chairman’s hand, set aside or vary the relevant decision.
2
An application for the purposes of paragraph (1) may be made immediately following the decision at the hearing. If an application is not made at the hearing, it shall be made not later than fourteen days after the date on which the decision was sent to the parties, and shall be in writing stating the grounds in full. When the Tribunal proposes to review its decision of its own motion, it shall serve notice of that proposal on the parties within the same period.
3
The parties shall have an opportunity to be heard by the Tribunal on any application or proposal for review under this regulation and the review shall be determined by the Tribunal which decided the case or, where it is not practicable for it to be heard by that Tribunal, by a Tribunal appointed by the Chairman; and if, having reviewed the decision, the decision is set aside, the Tribunal shall substitute such decision as it thinks fit or order a rehearing before either the same or a differently constituted Tribunal.
4
The certificate of the Chairman as to the setting aside and substitution of the Tribunal’s decision under this regualtion shall be sent to the proper officer, who shall immediately make such correction as may be necessary in the register and shall send a copy so corrected to each of the parties.
Costs
30
1
In any appeal before the Tribunal, including one withdrawn under regulation 7 above, the Tribunal may make an order awarding costs–
a
against the appellant and in favour of the Chief Inspector where it considers that the appeal was manifestly unreasonable;
b
against the Chief Inspector and in favour of the appellant where it considers that the disputed decision was manifestly unreasonable;
c
where it considers that a party has been responsible for frivolous, vexatious, improper or unreasonable action or for any delay which with diligence could have been avoided, against that party and in favour of the other;
but the Tribunal shall not make an order awarding costs against a party without first giving that party an opportunity of making representations against the making of the order.
2
An order under paragraph (1) above may be to the party at fault to pay to the other party either a specified sum in respect of the costs incurred by that other party in connection with the proceedings or the whole or part of such costs.
PART 5:
ADDITIONAL POWERS OF, AND PROVISIONS RELATING TO, THE TRIBUNAL
Miscellaneous powers of Tribunal
31
1
Subject to the provisions of the Act and these Regulations, the Tribunal may regulate its own procedure.
2
The Tribunal may, if it thinks fit:–
a
extend the time appointed by or under these Regulations for doing any act, notwithstanding that the time appointed may have expired;
b
if the appellant shall at any time give notice of the withdrawal of his appeal, dismiss the proceedings;
c
if both the parties agree in writing upon the terms of a decision to be made by the Tribunal, decide accordingly (and in making any such decision, it shall not be necessary for the Tribunal to give reasons);
d
subject to the proviso below, at any stage of the proceedings order to be struck out or amended any notice, reply, supplementary statement or written representation on the grounds that it is scandalous, frivolous or vexatious;
e
subject to the proviso below, order any appeal to be struck out for undue delay:
Provided that before making any order under sub–paragraphs (d) or (e) above, the Tribunal shall send notice to the party against whom it is proposed that any such order should be made giving him an opportunity to explain why such an order should not be made.
Irregularities
32
1
Any irregularity resulting from failure to comply with these Regulations before the Tribunal has reached its decision shall not by itself render the proceedings void, but after giving the parties the opportunity within a period of not less than twenty– one days to make representations about the irregularity, the Tribunal may, and shall if it considers that any person may have been prejudiced, take such steps as it thinks fit before reaching its decision to cure the irregularity, whether by amendment of any document, the giving of any notice or otherwise.
2
Clerical mistakes in the document referred to in regulation 28, or errors arising in such document from an accidental slip or omission, may at any time be corrected by the Chairman by certificate under his hand.
Absence of member of Tribunal
33
If, after the commencement of any hearing, a member other than the Chairman is absent, the appeal may, with the consent of the parties, be heard by the other two members and, in that event, the Tribunal shall be deemed to be properly constituted.
Power of Chairman to exercise powers of Tribunal
34
Any act required or authorised by these Regulations other than the decision of an appeal (not being a decision on an unopposed appeal) or the making of an order disposing of the appeal following a review under regulation 29 may be done by the Chairman:
Provided that where an order is made by the Chairman under paragraph (2)(d) or (e) of regulation 31, it shall not have effect unless it is confirmed by the Tribunal.
PART 6:
MISCELLANEOUS
Proof of documents and certification of decisions
35
1
Any document purporting to be a document duly executed by a proper officer on behalf of the Tribunal shall, unless the contrary is proved, be deemed to be a document so executed or issued as the case may be.
2
A document purporting to be certified by a proper officer to be a true copy of any entry of a decision in the register shall, unless the contrary is proved, be sufficient evidence of the entry and of matters contained in it.
Method of sending, delivering or serving documents, etc.
36
1
Any document required or authorised by these Regulations to be sent or delivered to, or served on any person or authority shall be duly sent, delivered or served on that person:–
a
if it is sent to him at his proper address by post in a registered letter or by recorded delivery;
b
if it is sent to him at that address by facsimile, telex or other similar means which produce a document containing a text of the communication, in which event the document shall be regarded as sent when it is received in a legible form;
c
if it is delivered to him or left at his address.
2
If a notice of appeal is sent be registered post or recorded delivery, it shall be treated as if it had been received by the Tribunal on the day after the date on which it is received for despatch by the Post Office.
3
An appellant may at any time by notice to the Tribunal change his address for service under these Regulations with effect from the date when that notice is received by a proper officer of the Tribunal.
Time
37
Where the time prescribed by these Regulations for doing any act expires on a Sunday or public holiday, the act shall be in time if done on the next following day which is not a Sunday or public holiday.
John Patten
Secretary of State for Education
7th March 1994
John Redwood
Secretary of State for Wales
10th March 1994


text:
Citation and commencement
1
This Order may be cited as the Strathclyde Regional Council (Kilduskland) Water Order 1994 and shall come into force on 17th June 1994.
Interpretation
2
In this Order–
“ the Act ” means the Water (Scotland) Act 1980;
“approved” means approved by the Secretary of State;
the “Council” means the Strathclyde Regional Council as water authority;
“day” means a period of 24 hours reckoned from midnight;
“deposited plans” means the two plans, each prepared in duplicate, docqueted and signed as relative to this Order and marked respectively “The Strathclyde Regional Council (Kilduskland) Water Order 1994 Plan of Catchment Area” and “The Strathclyde Regional Council (Kilduskland) Water Order 1994 Location Plan, Plans and Sections of Works Nos. 1, 2 and 3”, one copy of each of which is deposited in the Scottish Office, New St Andrew’s House, Edinburgh, and the other in the office of the Chief Executive of the Council at Glasgow;
“gauge” includes a gauge, weir or other apparatus for measuring the flow of water or measuring the level of the reservoir;
“intake” includes any work by which water is taken by the Council for the purposes of the undertaking;
“undertaking” means the water undertaking for the time being of the Council;
“works” means the works described in Schedule 1 to this Order, which the Council, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plans, propose to construct and maintain for the purpose of providing a supply of water when they have acquired the necessary land or sufficient rights therein.
Incorporation and application of the provisions of Schedule 4 to the Act
3
The provisions of sections 2 and 10(3), (4) and (5) of Schedule 4 to the Act , modified and adapted to read as set out in Schedule 2 to this Order, shall apply to the undertaking in so far as affected by the provisions of this Order, and the terms used in those provisions, as so modified and adapted, which are defined in this Order, shall have the same meaning as in this Order.
Water rights
4
Subject to the provisions of this Order, the Council may, for the purposes of the undertaking and by means of the existing scour pipe through the dam and an intake pipe (part of Work No.1), take water from the reservoir known as Kilduskland in the Argyll and Bute District of the Strathclyde Region.
5
1
During the construction of the works the Council may take from the said Kilduskland Reservoir such water as they may require for such construction.
2
After completion of the works the Council–
a
shall not in any one day take from the said Kilduskland Reservoir a quantity of water greater than 2,900 cubic metres as measured through or over an approved gauge (part of Work No. 2); and
b
shall discharge as a compensation flow into the Kilduskland Burn from the reservoir in a uniform and continuous flow a quantity of water not less than 90 cubic metres per day as measured through or over an approved gauge (part of Work No. 3), which gauge the Council shall instal before taking any water from the said reservoir.
6
If the power to take water conferred by this Order has not been exercised within ten years from the date on which this Order comes into force the said power shall cease.
Miscellaneous
7
The Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive to the Council a copy thereof and a copy of each of the deposited plans.
T D Macdonald
Deputy Chief Engineer, Scottish Office
Scottish Office Environment Department 27 Perth Street,
Edinburgh
10th June 1994


text:
1
This Order may be cited as the Railways Act 1993 (Commencement No. 2) Order 1994.
2
Section 117 of the Railways Act 1993 shall come into force on 2nd February 1994.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
1st February 1994


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Special Schools) Regulations 1994 and shall come into force on 1st April 1994.
Interpretation
2
1
In these Regulations —
“the 1993 Act ” means the Education Act 1993;
“funding authority” has the meaning assigned to it by section 5 of the 1993 Act;
“grant-maintained special school” means a special school conducted by a governing body incorporated in pursuance of proposals for the purpose —
made by the funding authority under section 183 of the 1993 Act, or
made by a governing body under section 186 of the 1993 Act;
“maintained special school” means a special school maintained by a local education authority;
“non-maintained school” means a school which is not maintained by a local education authority and is not a grant-maintained school or a grant-maintained special school;
“non-maintained special school” means a non-maintained school which has been approved as a special school under section 188 of the 1993 Act (including approval treated as given under subsection (3) of that section);
“proprietor” means the person or body of persons responsible for the management of a school;
“registered pupil” means a pupil registered as such in the register kept in accordance with section 80 of the Education Act 1944 ;
“school” has the meaning assigned to it by section 14(5) of the Further and Higher Education Act 1992 ;
“special school” means a school which is specially organised to make special educational provision for pupils with special educational needs (within the meaning of section 156 of the 1993 Act) and which is for the time being approved by the Secretary of State under section 188 of the 1993 Act, including approval treated as given under subsection (3) of that section.
2
Except where the context otherwise requires, any references in these Regulations to a regulation or Schedule is a reference to a regulation contained therin or to the Schedule thereto, any reference to a paragraph is a reference to a paragraph of the regulation or Schedule in which the reference is made, and any reference to a sub-paragraph is a reference to a sub-paragraph of the paragraph in which the reference is made.
Revocation
3
The Education (Approval of Special Schools) Regulations 1983 and the Education (Approval of Special Schools) (Amendment) Regulations 1991 are hereby revoked.
PART II
APPROVAL OF NON-MAINTAINED SCHOOLS
Conditions of approval
4
The requirements set out in Part I of the Schedule shall be complied with by any non-maintained school which is specially organised to make special educational provision for pupils with special educational needs as a condition of its approval as a special school under section 188(1) of the 1993 Act.
PART III
REQUIREMENTS TO BE COMPLIED WITH BY SPECIAL SCHOOLS
Non-maintained special schools
5
The requirements set out in both Parts I and II of the Schedule shall be complied with by any non-maintained school while approved as a special school under section 188 of the 1993 Act (including approval treated as given under subsection (3) of that section).
Other special schools
6
The requirements set out in paragraph 1 of Part I of the Schedule and in paragraphs 6(1), 7 to 11 and 13 to 16 of Part II of that Schedule shall be complied with by any maintained special school or grant-maintained special school while approved under section 188 of the 1993 Act (including approval treated as given under subsection (3) of that section).
PART IV
WITHDRAWAL OF APPROVAL AS A SPECIAL SCHOOL
7
1
Subject to paragraph (2), the Secretary of State may withdraw his approval from a school on the ground that, in the case of that school, there has been a failure to comply with any requirement applicable to the school and contained in —
a
these Regulations;
b
the Regulations from time to time in force under section 218 of the Education Reform Act 1988 ;
c
the Regulations made under section 27 of the Education Act 1980 to the extent that they continue to have effect on the repeal of that section and the coming into force of section 218 of the Act of 1988 on 1st April 1989, or
d
the Regulations from time to time in force under section 10 of the Education Act of 1944.
2
Unless the Secretary of State is of the opinion that it is necessary or expedient so to do in the interests of the health, safety or welfare of pupils at a school, he shall not withdraw his approval of the school in pursuance of paragraph (1) without —
a
consulting the local education authority by whom the school is maintained or, in the case of a non-maintained special school or grant-maintained special school, the governing body thereof, and
b
if that authority or governing body so request, affording the school a period specified by him within which to comply with the requirement which has not been complied with;
but, if he so directs, pending compliance with that requirement, the arrangements as respects the matter to which it relates shall be such as are temporarily approved by him.
3
The Secretary of State shall withdraw his approval of a school if the proprietor thereof in writing requests him so to do.
PART V
SPECIAL SCHOOLS IN HOSPITALS
Application of Regulations to special schools in hospitals
8
1
This Regulation shall apply in the case of a special school which provides wholly or mainly for pupils who reside as patients, and receive education, in a hospital.
2
Paragraph 5 of the Schedule (premises) shall not apply in the case of the school and paragraphs 9 (health of pupils) and 11 (milk, meals and refreshment) thereof shall only apply in relation to such pupils, if any, as do not reside as patients in the hospital.
3
If the governing body of the school make arrangements approved by the Secretary of State in relation to any matter mentioned in any other provision of these Regulations then, in relation to that matter, that provision shall not apply; but a failure to comply with any requirement mentioned in the approved arrangements shall, for the purposes of Regulation 7, be treated as a failure to comply with a requirement contained in these Regulations.
PART VI
ESTABLISHMENT, ALTERATION AND DISCONTINUANCE OF MAINTAINED SPECIAL SCHOOLS
Alterations for which notice must be served
9
The following are prescribed as alterations of a maintained special school for which notice of proposals must be served under section 183(6) of the 1993 Act —
1
any change in the number, age range or sex of the day or boarding pupils for which the school makes provision;
2
any change in the type of special educational needs for which the school makes provision or the type of special educational provision made by the school;
3
any significant enlargement of the premises of the school;
4
any transfer of the school to a new site unless at the time of transfer the school is intended to return to the existing site within three years.
Persons on whom notice of establishment, alteration and discontinuance must be served
10
Where a local education authority are required to serve notice of their proposals to establish, alter or discontinue a maintained special school under section 183(6) of the 1993 Act, they shall, in addition to serving notice on the Secretary of State, serve notice on —
a
the funding authority (whether or not an order under section 12(1) of the 1993 Act applies to the area of the local education authority in whose area the school is or is proposed to be situated);
b
if the proposals will affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies, the appropriate further education funding council (as defined in section 1(6) of that Act);
c
the governing body of every grant-maintained special school in the area of the local education authority in whose area the school is or is proposed to be situated;
d
where the proposals are to alter or discontinue a special school, any local education authority which maintains a statement under section 168 of the 1993 Act in respect of a registered pupil at the school;
e
any local education authority whose area adjoins that of the authority in whose area the school is proposed to be situated and, where the proposal is to transfer the school to a site in the area of another authority, adjoining that area;
f
where the proposals are to discontinue the school, the registered parent of every registered pupil at the school.
Information to be given in notice
11
Every notice served by a local education authority under section 183(6) of the 1993 Act shall give the following information —
a
the numbers, age group, sex and special educational needs of the pupils (distinguishing boarding and day pupils) for whom provision is currently made or, in the case of a proposed school, is proposed;
b
the special educational provision currently made or, in the case of a proposed school, proposed;
c
particulars of any alteration proposed, including particulars and location of any new site to which it is proposed to transfer the school;
d
the proposed date of implementation of the proposals, if approved;
e
the name and address of a person from whom further information regarding the proposals may be obtained;
f
an explanation of the procedure for submitting objections to the proposals under section 184(2) of the 1993 Act, including the period within which such objections are to be submitted and the name and address of the person to whom they are to be submitted.
g
the name of the authority by whom the notice is served and the date on which it is given.


text:
1
This Order may be cited as the Finance Act 1994, section 7, (Appointed Day) Order 1994.
2
The day appointed as the day on which section 7 of the Finance Act 1994 comes into force (with the exception of paragraph (b) of subsection (1) of that section) is 1st July 1994.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London,
SE1 9PJ
27th June 1994


text:
Citation and commencement
1
This Order may be cited as the Mancunian Community Health National Health Service Trust Dissolution Order 1994 and shall come into force on 1st April 1994.
Dissolution of NHS trust
2
The Mancunian Community Health National Health Service Trust established by the Mancunian Community Health National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
18th March 1994


text:
Citation and interpretation
1
1
This Order may be cited as the Road Traffic Act 1991 (Commencement No.10 and Transitional Provisions) Order 1993.
2
In this Order —
“the 1991 Act ” means the Road Traffic Act 1991;
“the Commencement No.9 Order ” means the Road Traffic Act 1991 (Commencement No.9 and Transitional Provisions) Order 1993 ; and
“vehicle” has the meaning given by section 99(5) of the Road Traffic Regulation Act 1984 .
Amendment of Commencement No.9 Order
2
1
The Commencement No.9 Order shall be amended as follows.
2
In articles 2 and 3 for “the London boroughs of Richmond upon Thames and Southwark” in each place where those words occur there shall be substituted “the London borough of Richmond upon Thames”.
3
In article 4 for “the councils of the London boroughs of Richmond upon Thames and Southwark” there shall be substituted “the council of the London borough of Richmond upon Thames”.
4
In article 5 “or Southwark”, in both places where those words occur, shall be omitted.
Commencement and transitional provisions
3
The following provisions of the 1991 Act shall come into force on 5th April 1994 in respect of the London borough of Southwark —
a
section 64, to the extent that it is not already in force;
b
section 65;
c
section 66, to the extent that it is not already in force;
d
section 69;
e
section 81, to the extent necesary for bringing into force the provisions of Schedule 7 brought into force by this article; and
f
paragraph 5 of Schedule 7, to the extent that that paragraph is not already in force.
4
Subsections (4) and (6) of section 67 of the 1991 Act shall come into force on 5th April 1994 for the purpose of the application of the subsections thereby inserted in relation to vehicles found in the London borough of Southwark.
5
Subsection (2)(b) of section 68 of the 1991 Act shall come into force on 5th April 1994 for the purpose of the application of the subsection thereby inserted in relation to the council of the London borough of Southwark.
6
1
In relation to a vehicle that is stationary in a designated parking place in the London borough of Southwark immediately before 5th April 1994, section 66(2) of the 1991 Act shall have effect for so long as it remains in that parking place as if the words “on or after 5th April 1994” were inserted after —
a
the word “left” in paragraph (a) of section 66(2),
b
the word “payable” in paragraph (b) of that subsection, and
c
the word “has” in paragraph (c) of that subsection.
2
Where a vehicle found in the London borough of Southwark has pursuant to any enactment been removed before 5th April 1994, sections 67 and 68 of the 1991 Act shall not apply in relation to that removal or to any storage or disposal of the vehicle as a consequence of that removal.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
18th January 1994


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Mexico) Order 1994.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of the United Mexican States with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Mexico;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Mexico concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
R. P. Bulling
Deputy Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Blackpool Victoria Hospital National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 19th December 1994.
2
In this Order —
“the Authority” means the North West Lancashire Health Authority;
“the Trust” means the Blackpool Victoria 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 20th September 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 19th December 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
22nd November 1994


text:
Citation and commencement
1
This Order may be cited as the Northgate National Health Service Trust Dissolution Order 1994 and shall come into force on 1st April 1994.
Dissolution of NHS trust
2
The Northgate National Health Service Trust established by the Northgate National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
18th March 1994


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Pharmaceutical Services and Charges for Drugs and Appliances) Amendment Regulations 1994 and shall come into force on 3rd October 1994.
Amendment of the National Health Service (Pharmaceutical Services) Regulations 1992
2
1
The National Health Service (Pharmaceutical Services) Regulations 1992 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) —
a
in the definition of “listed drugs”, after the word “(c)” there shall be inserted the words “and (cc)”.
b
after the definition of “non-proprietary name”, there shall be inserted the following —
“nurse prescriber” means a nurse or health visitor of a description specified in paragraph (1A);
; and
c
at the end of the definition of “prescription form”, there shall be added the words —
under section 41(a), (b) or (c) of the Act or a form provided by a health authority or by an FHSA for the purposes of pharmaceutical services under section 41(cc) of the Act and issued by a nurse prescriber to enable a person to obtain such services
; and
3
After regulation 2(1), there shall be inserted the following new paragraph —
1A
The specified description of nurse or health visitor mentioned in the definition of “nurse prescriber” in paragraph (1) is —
a
a person who —
i
is registered in Part 1 or 12 of the Register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979 (referred to below in this paragraph as “the professional register”), and
ii
has a district nursing qualification additionally recorded in the professional register under rule 11 of the Nurses, Midwives and Health Visitors Rules 1983 , and
iii
is, at the time of ordering the listed drug or medicine or listed appliance, employed by a District Health Authority or an NHS trust as a district nurse, or employed as a nurse by a fund-holding practice whose recognition as such by virtue of section 14 of the National Health Service and Community Care Act 1990 (recognition of fund-holding practices of doctors) has taken effect; or
b
a person who —
i
is registered in Part 11 of the professional register as a health visitor, and
ii
is, at the time of ordering the listed drug or medicine or listed appliance, employed by a District Health Authority or an NHS trust as a health visitor, or employed as a nurse by a fund-holding practice whose recognition as such by virtue of section 14 of the National Health Service and Community Care Act 1990 has taken effect;
against whose name (in each case) is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients;
.
4
In Part II of Schedule 2 (terms of service for chemists) —
a
in paragraph 3 (provision of pharmaceutical services) —
i
in sub-paragraph (1)(c), for the word “assistant,” there shall be substituted the words “assistant; or”,
ii
at the end of sub-paragraph (1)(c), there shall be added the word “or” and after that sub-paragraph there shall be inserted —
d
an order for listed drugs or medicines, or listed appliances, signed by a nurse prescriber,
,
iii
in sub-paragraph (2), after the words “British National Formulary”, there shall be inserted the words “(including any Appendix published as part of that Formulary),”,
iv
in sub-paragraph (4), for the words “or a dentist”, there shall be substituted the words “, a dentist or a nurse prescriber”,
v
in sub-paragraph (6), for the words “or dentist” there shall be substituted the words “, dentist or nurse prescriber”,
vi
in sub-paragraph (7), for the words “or dentist” there shall be substituted the words “, dentist or nurse prescriber”, and
vii
in sub-paragraph (9), after the word “doctor” in both places where it occurs there shall be inserted the words “or nurse prescriber”; and
b
in paragraph 7(2) (charges for drugs), after the word “Regulations” there shall be inserted the words “or by a nurse prescriber”.
5
In Part III of Schedule 2 (terms of service for doctors who provide pharmaceutical services) —
a
in paragraph 11 at the beginning, there shall be inserted the words “Subject to paragraph 11A,”; and
b
after paragraph 11, there shall be inserted the following new paragraph —
11A
1
Paragraph 11 does not apply to drugs, medicines or appliances ordered on a prescription form by a nurse prescriber.
2
Where a patient presents an order on a prescription form for listed drugs or medicines, or listed appliances, signed by a nurse prescriber, to a doctor who is authorised or required by regulation 20 to provide drugs or appliances to that patient, the doctor may provide to the patient such of the drugs, medicines or appliances so ordered as he supplies in the normal course of his practice.
3
Listed drugs, medicines, or listed appliances provided under this paragraph shall be provided in a suitable container.
.
Amendment of the National Health Service (Charges for Drugs and Appliances) Regulations 1989
3
1
The National Health Service (Charges for Drugs and Appliances) Regulations 1989 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) —
a
after the definition of “the Medical Services Regulations”, there shall be inserted the following —
“nurse prescriber” means a nurse or health visitor of a description specified in paragraph (1A);
;
b
in the definition of “prescription form”, at the end of sub-paragraph (b), there shall be added the following —
or
c
a nurse prescriber in the pursuance of functions of a District Health Authority, NHS trust or on behalf of a doctor providing general medical services,
.
3
After regulation 2(1), there shall be inserted the following new paragraph —
1A
The specified description of a nurse or health visitor mentioned in the definition of “nurse prescriber” in paragraph (1) is —
a
a person who —
i
is registered in Part 1 or 12 of the Register maintained by the United Kingdom Central Council for Nursing, Midwifery and Health Visiting under section 10 of the Nurses, Midwives and Health Visitors Act 1979 (referred to below in this paragraph as “the professional register”), and
ii
has a district nursing qualification additionally recorded in the professional register under rule 11 of the Nurses, Midwives and Health Visitors Rules 1983 , and
iii
is, at the time of ordering the listed drug or medicine or listed appliance, employed by a District Health Authority or an NHS trust as a district nurse, or employed as a nurse by a fund-holding practice whose recognition as such by virtue of section 14 of the National Health Service and Community Care Act 1990 (recognition of fund-holding practices of doctors) has taken effect; or
b
a person who —
i
is registered in Part 11 of the professional register as a health visitor, and
ii
is, at the time of ordering the listed drug or medicine or listed appliance, employed by a District Health Authority or an NHS trust as a health visitor, or employed as a nurse by a fund-holding practice whose recognition as such by virtue of section 14 of the National Health Service and Community Care Act 1990 has taken effect;
against whose name (in each case) is recorded in the professional register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients;
.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
12th September 1994


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Russian Federation) Order 1994.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of the Russian Federation with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of the Russian Federation;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of the Russian Federation concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
R. P. Bulling
Deputy Clerk of the Privy Council