text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Medicines (Products for Human Use — Fees) Regulations 1995 and shall come into force on 21st April 1995.
Interpretation
2
1
In these Regulations, unless the context requires otherwise —
“ the Act ” means the Medicines Act 1968 and, except as provided below, expressions used in these Regulations have the same meaning as in the Act;
“the 1994 Regulations ” means the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 ;
“authorised medicinal product” means a medicinal product in respect of which either a marketing authorization or marketing authorization (parallel import) has been granted;
“blood product” means any medicinal product derived from human blood or human plasma and includes albumin, coagulating factor and immunoglobulin of human origin;
“capital fee” means any fee, other than a periodic fee, payable under the provisions of these Regulations;
“change of ownership application” means an application for a marketing authorization for a medicinal product in respect of which a person other than the applicant is the holder of a marketing authorization and which —
includes a statement to the effect that that other person intends to cease selling or supplying that product pursuant to that authorization;
is signed by or on behalf of that other person, as well as by or on behalf of the applicant; and
except for the name and address of the applicant and particulars in relation to the labelling of the product and any leaflet relating to it, contains, or is accompanied by, particulars which are in all material respects identical to the particulars referred to in the marketing authorization already held by that other person;
“Community marketing authorization” means a marketing authorization granted by the European Commission under Council Regulation ( EEC ) No. 2309/93 ;
“fee period” means the period beginning with the first day of April in any year and ending with the last day of March in the following year;
“immunological product” means any medicinal product which is a vaccine, toxin, serum or allergen product;
“manufacturer’s licence” means a manufacturer’s licence which relates wholly or partly to medicinal products for human use;
“marketing authorization” means —
a United Kingdom marketing authorization granted by the licensing authority under the 1994 Regulations;
a Community marketing authorization; or
a product licence, including one which is a licence of right or one which has effect as a marketing authorization by virtue of paragraph 1 of Schedule 6 (transitional provisions) to the 1994 Regulations;
which relates to a medicinal product for human use;
“marketing authorization (parallel import)” means a marketing authorization granted by the licensing authority in respect of a medicinal product which is imported into the United Kingdom from another member State of the European Community, in respect of which there has been granted a marketing authorization by another member State of the Community and which has no differences having therapeutic effect from a medicinal product in respect of which a marketing authorization has previously been granted in the United Kingdom;
“medicinal product” includes any medicinal product for human use to which Chapters II to V of Council Directive 65/65/EEC apply and any substance or article specified in any order for the time being in force made under section 104 (application of the Act to certain articles and substances) or 105(1)(a) (application of the Act to certain other substances which are not medicinal products) of the Act which directs that Part II of the Act shall have effect in relation to such substance or article;
“periodic fee” means a fee payable under regulation 14;
“product licence of right” means a product licence within the meaning of section 7 (general provisions as to dealing with medicinal products) of the Act which is a licence of right within the meaning of section 25(4) (entitlement to licence of right) of the Act;
“relevant fee period” means any fee period during any part of which a marketing authorization or licence in respect of which a periodic fee is payable is in force;
“variation” in relation to —
a United Kingdom marketing authorization granted by the licensing authority under the 1994 Regulations; or
a product licence which has effect as such a marketing authorization by virtue of paragraph 1 of Schedule 6 (transitional provisions) to those Regulations;
means “variation to the terms of a marketing authorization” as defined in Article 2.1 of Commission Regulation ( EC ) No. 541/95 ;
“wholesale dealer’s licence” means a wholesale dealer’s licence which relates wholly or partly to medicinal products for human use;
and Part I of Schedule 1 shall have effect for the purpose of interpreting that Schedule.
2
In these Regulations any reference to a regulation or a Schedule shall be construed as a reference to a regulation contained in these Regulations or, as the case may be, to a Schedule thereto; any reference in a regulation or a Schedule to a paragraph shall be construed as a reference to a paragraph of that regulation or, as the case may be, Schedule, and any reference in a paragraph to a sub-paragraph shall be construed as a reference to a sub-paragraph of that paragraph.
Fees payable in connection with applications and inspections
3
1
The amount of a capital fee payable in connection with an application is that payable in accordance with these Regulations as in force when the application is made.
2
The amount of a fee payable in respect of an inspection is that payable in accordance with these Regulations as in force when the inspection is made.
PART II
CAPITAL FEES F0R APPLICATIONS FOR AUTHORIZATIONS, LICENCES OR CERTIFICATES AND FOR ASSOCIATED INSPECTIONS
Applications for authorizations, licences or certificates
4
Subject to regulations 5, 19 and 23, in connection with an application for a marketing authorization (other than a Community marketing authorization), a manufacturer’s licence, a wholesale dealer’s licence or a clinical trial certificate, there shall be payable by the applicant —
a
the fee prescribed in Part II of Schedule 1 in connection with that application; and
b
in respect of any inspection defined in paragraph 1 of Schedule 2 made in connection with that application the fee payable in accordance with paragraphs 2 to 6 of that Schedule.
Inspections in connection with multiple applications for authorizations or licences
5
Where an inspection mentioned in regulation 4(b) is made at a site which has been named as a possible site for manufacture or assembly of a medicinal product, or for the preparation of a substance which is to be used in the manufacture of an immunological product or a blood product, by more than one applicant for —
a
a marketing authorization and that site is located outside the United Kingdom; or
b
a manufacturer’s licence and that site is located in the United Kingdom,
the fee in respect of that inspection shall be payable in equal proportions by each of those applicants.
Applications for certificates by exporters of medicinal products
6
1
In connection with an application for a certificate issued under section 50 (export certificates) of the Act, there shall be payable by the applicant —
a
if the applicant requests that the certificate be issued within 24 hours of receipt of the application, a fee of £120:
b
in any other case, a fee of £60; and
c
in either case
i
a fee of £60 for each set of certificates requested by the applicant in addition to one: and
ii
a fee of £14 for each certified copy of the original certificate not forming part of a set of certificates, requested by the applicant.
2
In paragraph (1)(c), “set of certificates” means —
a
if it is the first set, the original certificate plus up to four certified copies of that certificate; and
b
in any other case, up to five copies of that certificate.
PART III
CAPITAL FEES FOR APPLICATIONS FOR VARIATIONS OF AUTHORIZATIONS, LICENCES OR CERTIFICATES AND FOR ASSOCIATED INSPECTIONS
Variations of authorizations, licences and certificates
7
1
Subject to regulations 8, 9, 19 and 23, a person who makes an application —
a
under regulation 4 of the 1994 Regulations for the variation of a United Kingdom marketing authorization;
b
under section 30 of the Act for the variation of a provision of a product licence, a manufacturer’s licence or a wholesale dealer’s licence; and
c
under section 39(4) of the Act for the variation of a provision of a clinical trial certificate,
shall pay the fees mentioned in paragraph (2).
2
The fees referred to in paragraph (1) are —
a
the fee prescribed in Part III of Schedule 1 in connection with the application; and
b
in respect of any inspection of a description referred to in paragraph 1 of Schedule 2 made in connection with the application, the fee payable in accordance with paragraphs 2 to 6 of that Schedule.
Inspections in connection with multiple applications for variations of authorizations and licences
8
Where an inspection is made at a site which has been named as a possible site for manufacture or assembly of a medicinal product, or for the preparation of a substance which is to be used in the manufacture of an immunological product or a blood product, by more than one applicant for a variation to —
a
a marketing authorization and that site is located outside the United Kingdom; or
b
a manufacturer’s licence and that site is located in the United Kingdom,
the fee in respect of that inspection shall be payable in equal proportions by each of those applicants.
Applications for multiple variations
9
1
Subject to paragraph (2), a separate fee shall be payable in respect of each variation of each provision of a marketing authorization, licence or certificate applied for in any one application.
2
In respect of a variation which is wholly consequential upon another variation of a provision of a marketing authorization, licence or certificate which is applied for in the same application, no separate fee shall be payable.
PART IV
CAPITAL FEES FOR APPLICATIONS FOR RENEWALS OF CLINICAL TRIAL CERTIFICATES AND FOR CERTAIN MANUFACTURER'S LICENCES AND FOR ASSOCIATED INSPECTIONS
Renewals of clinical trial certificates
10
Subject to regulations 19 and 23, in connection with an application under section 38(2) of the Act for renewal of a clinical trial certificate, there shall be payable by the applicant a fee of £2,405.
Renewals of certain manufacturer’s licences
11
1
Subject to regulation 23, the fee payable in connection with an application for renewal of a manufacturer’s licence which is limited solely to the manufacture or assembly of medicinal products the sale or supply of which does not require a marketing authorization or a product licence and to which article 2(2)(i)(e) (exemptions for certain special manufactured products) of the Medicines (Exemption from Licences) (Special and Transitional Cases) Order 1971 applies, shall be £85.
2
In respect of any inspection made in connection with an application referred to in paragraph (1), the fee payable shall be that prescribed in paragraph 2(d) of Schedule 2.
Renewals in terms which are not identical to the existing authorization, licence or certificate
12
Where an applicant applies for renewal of a marketing authorization (other than a Community marketing authorization), a manufacturer’s licence, a wholesale dealer’s licence or a clinical trial certificate so as to contain provisions which are not identical to the provisions of that authorization, licence or certificate as in force at the date of that application, the fee payable under this Part of these Regulations shall be increased by an amount equal to the fee which would have been payable under Part III of these Regulations had he in addition made a separate application for variation of that authorization, licence or certificate in respect of each provision which is not identical.
PART V
FEES FOR INSPECTIONS MADE DURING THE CURRENCY OF A MARKETING AUTHORIZATION OR LICENCE
Fees for inspections
13
1
Subject to paragraph (5) and to regulations 19 and 23, a fee in accordance with paragraphs 2 to 6 of Schedule 2 shall be payable in respect of any inspection of a site made during the currency of a marketing authorization, a manufacturer’s licence or a wholesale dealer’s licence, except for any inspection in respect of which a fee is otherwise payable under Parts III or IV of these Regulations.
2
Subject to paragraph (4), the fee payable under paragraph (1) in respect of an inspection of a site made during the currency of a manufacturer’s licence or a wholesale dealer’s licence shall be payable by the holder of that licence.
3
Where an inspection is made at a site located outside the United Kingdom and that site is named in more than one marketing authorization as a possible site for the manufacture of the medicinal product in respect of which the authorization is granted the fee payable under paragraph (1) shall be payable in equal proportions by each holder of a marketing authorization in which that site is named as a possible site for manufacture of the medicinal product in respect of which the marketing authorization is granted.
4
Where an inspection is made at a site located in the United Kingdom and that site is named in more than one manufacturer’s licence as a possible site for the manufacture of a medicinal product in respect of which the licence is granted the fee payable under paragraph (1) shall be payable in equal proportions by the holders of those licences.
5
No fee shall be payable in respect of any inspection of a site carried out within 6 months of a previous inspection in order to ascertain whether alterations or improvements to the premises concerned which were required in writing by the licensing authority as the result of that previous inspection have been carried out.
PART VI
PERIODIC FEES FOR MARKETING AUTHORIZATIONS AND LICENCES
Periodic fees
14
1
Subject to paragraphs (2), (4) and (5) and to regulations 19 and 23, there shall be payable by the holder of a marketing authorization (other than a Community marketing authorization), a manufacturer’s licence or a wholesale dealer’s licence a fee in connection with the holding of the authorization or licence in respect of each fee period during any part of which the authorization or licence is in force.
2
Marketing authorizations of a type referred to in Part IV of Schedule 3 shall be treated for the purposes of paragraph (1) as if they were one marketing authorization and only one periodic fee in respect of each relevant fee period shall be payable in connection with the holding of such authorizations.
3
The periodic fee shall be the appropriate fee prescribed in Part III of Schedule 3 and, for the purposes of that Part, Parts I and II of that Schedule shall have effect.
4
No periodic fee shall be payable in respect of the fee period during which a marketing authorization or licence is first granted except where a marketing authorization was granted pursuant to —
a
a change of ownership application; or
b
an application, made no later than three months after the expiry of a marketing authorization, which is for a marketing authorization containing identical provisions to those contained in the expired authorization and which is made by the person who held the expired authorization,
and, in each case, a periodic fee has not been paid in respect of that fee period in connection with the holding of a marketing authorization for the medicinal product to which the authorization relates.
5
Notwithstanding that an authorization or licence has neither expired nor been revoked, it shall be treated for the purposes of this regulation as not being in force during any part of a fee period if —
a
not less than three months before the commencement of that fee period, the holder of that authorization or licence has given written notice to the licensing authority indicating that he wishes the authorization or licence to cease to have effect before the commencement of that period; and
b
no products are sold, supplied or manufactured pursuant to that authorization or licence within that fee period.
PART VII
ADMINISTRATION
Payment of fees to Ministers
15
Any sums which under the provisions of these Regulations become payable by way of, or on account of, fees shall be paid to one of the Ministers specified in section 1(1)(a) (Ministers responsible for the administration of the Act) of the Act.
Time for payment of capital fees in connection with applications or inspections
16
1
Subject to paragraph (2) and to regulations 17 and 19, all sums payable by way of capital fees under these Regulations in connection with any application shall be payable at the time of the application.
2
All sums payable by way of fees in respect of inspections made either in connection with an application for, or during the currency of, an authorization, licence or certificate shall become payable within 14 days following written notice from the licensing authority requiring payment of those fees.
Time for payment of capital fees applications made by small companies
17
1
Schedule 4 shall have effect with respect to the capital fee payable in connection with an application made by or on behalf of a small company.
2
For the purpose of these Regulations, a company is a small company if, for the financial year before that in which the application is made, the amount of its turnover for the financial year is not more than the amount for the time being specified under the heading “ Small company ” in section 247(3) (qualification of company as small or medium-sized) of the Companies Act 1985 ; and
a
its balance sheet total (as defined in section 247(5) of that Act) is not more than the amount for the time being specified under the heading “ Small company ” in section 247(3) of that Act; or
b
the average number of persons employed by the company in the financial year before that in which the application is made (determined on a weekly basis) does not exceed the number for the time being specified under the heading “ Small company ” in section 247(3) of that Act.
Time for payment of periodic fees
18
All periodic fees shall be payable on the first day of the fee period to which they relate.
Adjustment, waiver, reduction or refund of fees
19
1
If after a capital or periodic fee was paid it becomes apparent that —
a
a lesser fee was properly payable, the excess shall be refunded to the applicant or, as the case may be, the holder of the authorization, licence or certificate concerned: or
b
a higher fee was properly payable, the balance due shall be payable within l4 days following written notice from the licensing authority to the applicant or, as the case may be, the holder of the authorization, licence or certificate concerned requiring payment of that balance.
2
The licensing authority shall, to the extent provided in Schedule 5 in relation to capital fees or in Schedule 6 in relation to periodic fees, —
a
adjust, waive payment of or reduce any fee or part of a fee otherwise payable under these Regulations; or
b
refund the whole or part of any fee already paid.
Suspension of licences and certificates
20
Where any sum due by way of, or on account of, any fee or any part thereof payable under these Regulations remains unpaid by the holder of a product licence or a product licence of right, a manufacturer’s licence, a wholesale dealer’s licence or a clinical trial certificate, the licensing authority may serve a written notice on him requiring payment of the sum unpaid and, if after a period of one month from the date of service of such notice, or such longer period as the licensing authority may allow, the said sum remains unpaid, the licensing authority may forthwith suspend the licence or certificate until such sum has been paid.
Civil proceedings to recover unpaid fees
21
All unpaid sums due by way of, or on account of, any fees payable under these Regulations shall be recoverable as debts due to the Crown.
PART VIII
REVOCATION, SAVINGS AND TRANSITIONAL PROVISIONS
Revocation and savings
22
1
Subject to paragraph (2), the following regulations (in this regulation called “the revoked Regulations”) are hereby revoked —
a
the Medicines (Products for Human Use Fees) Regulations 1991 ;
b
the Medicines (Products for Human Use Fees) Amendment Regulations 1992 ;
c
the Medicines (Products for Human Use Fees) Amendment Regulations 1994 .
2
Paragraph (1) shall not affect —
a
any written notice given or any suspension made under the revoked Regulations and any such notice or suspension shall have effect as if given or made under these Regulations; and
b
any proceedings constituted under the revoked Regulations for the recovery of any fees due as debts to the Crown.
Transitional provisions
23
1
In relation to capital fees, these Regulations shad not apply to any application made before the date on which these Regulations come into force.
2
In connection with any periodic fee payable under these Regulations, these Regulations shall not apply —
a
to any marketing authorization or licence in respect of which the licensing authority has received written notice of surrender prior to the coming into force of these Regulations; or
b
so as to impose any liability to pay a periodic fee in respect of any period prior to the coming into force of these Regulations.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
22nd March 1995
John Redwood
Secretary of State for Wales
23rd March 1995
Fraser of Carmyllie
Minister of State, The Scottish Office
24th March 1995
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
11th April 1995
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
F. A. Elliott
Permanent Secretary
13th April 1995.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on
J. Murray
Permanent Secretary
19th April 1995.
We consent,
Tim Kirkhope
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
20th April 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 1995 and shall come into force on 1st April 1995.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation) —
a
after the definition of “date of claim” there shall be inserted the following definition —
“disability working allowance” means disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 ;
; and
b
for the definition of “family” there shall be substituted the following definition —
“family” has the meaning assigned to it by section 137(1) of the Social Security Contributions and Benefits Act 1992 , except that —
in regulation 4(d) it has the meaning assigned to it by section 137(1) of that Act as it applies to family credit , and
in regulation 4(h) it has the meaning assigned to it by section 137(1) of that Act as it applies to disability working allowance
;
Amendment of regulation 4 of the principal Regulations
3
In regulation 4 of the principal Regulations (description of persons entitled to full remission and payment), there shall be added at the end of paragraph (f) the word “or” and the following paragraphs —
g
a person who is in receipt of disability working allowance and whose capital calculated in accordance with the regulations concerning entitlement to that allowance did not exceed £8,000 at the date on which that allowance was claimed, or
h
a member of the same family as a person described in paragraph (g) of this regulation, or
i
a person, not being a person described in paragraph (g) of this regulation, who is in receipt of disability working allowance and whose capital resources calculated according to the provisions of regulation 6 and Schedule 1 do not exceed £8,000, or
j
a member of the same family as a person described in paragraph (i) of this regulation
.
Amendment of regulation 6 of the principal Regulations
4
In regulation 6(1) of the principal Regulations (calculation of resources and requirements), for the words “resources and requirements of a person, and” there shall be substituted the words “resources or requirements of a person, or”.
Amendment of regulation 7 of the principal Regulations
5
In regulation 7 of the principal Regulations (claims for remission or payment) —
a
in paragraph (1), for the words “regulation 4(e) or (f)” there shall be substituted the words “regulation 4(e), (f), (i) or (j)”;
b
in paragraph (3), after the word “requirements” there shall be inserted the words “or, in the case of a claim by a person who is within a description prescribed by regulation 4(i) or (j), the capital resources”; and
c
for paragraph (6) there shall be substituted the following paragraph —
6
A notice of entitlement issued under paragraph (4) shall be effective —
a
in the case of a person who is within a description prescribed by regulation 4(i) or (j), from the date of claim until the date on which disability working allowance payable at the date of claim to that person or, as the case may be, to a member of that person’s family, under an award of that allowance made on or before the date of claim, ceases to be payable; or
b
in any other case, for a period of 6 months from the date of claim.
subject to its being superseded by any further notice issued as a result of a claim made in accordance with paragraph (8), and shall specify the dates of commencement and expiry of that period.
.
Amendment of Schedule 1 to the principal Regulations
6
In Table B of Part II of Schedule 1 to the principal Regulations (modifications of provisions of the Income Support (General) Regulations 1987) —
a
at the beginning the following entry shall be inserted —
Regulation 3 As if in paragraph (1) the words “or with whom a claimant normally resides” were omitted.
;
b
in Column 2 at the end of the entry relating to “Schedule 2” there shall be added —
As if in paragraph 12(1)(a)(i) —
for the words “long term incapacity benefit” the first time they appear, there were substituted the words “incapacity benefit, where the claimant or partner has been in receipt of that benefit for at least 28 weeks,”; and
the words from “but, in the case” to the end were omitted. As if in paragraph 12(1)(b) for sub-head (ii) there were substituted the following sub-head —
ii
has been so entitled or so incapable for a continuous period of at least 28 weeks;
.
As if in paragraph 12(1)(c)(i) for the words “long term incapacity benefit” —
the first time they appear there were substituted the words “incapacity benefit and had been receiving that benefit for at least 28 weeks,”; and
the second time they appear there were substituted the words “incapacity benefit”.
As if in paragraph 12(6) for the words “long-term incapacity benefit” the first time they appear there were substituted the words “incapacity benefit, notwithstanding the requirement that the claimant or his partner has been in receipt of that benefit for at least 28 weeks,”.
As if in paragraph 13(2)(a)(ii) and 13(2)(b)(iii) for the words “normally residing with him or with whom he is normally residing” there were substituted the words “residing with him”.
.
Transitional
7
1
In the case of a claim made under regulation 8(2) of the Principal Regulations (repayment), where that claim relates to a relevant charge or relevant travelling expenses paid before 1st April 1995, the claimant’s resources and requirements shall be calculated as if these Regulations had not been made.
2
In this regulation, “relevant charge” and “relevant travelling expenses” have the same meanings as in the principal Regulations.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
8th March 1995


text:
Citation and commencement
1
These Regulations may be cited as the Waste Management Licensing (Amendment No. 2) Regulations 1995 and shall come into force on 29th July 1995.
Amendment of the Waste Management Licensing Regulations 1994
2
In paragraph 43(2) of Schedule 3 to the Waste Management Licensing Regulations 1994 (activities exempt from waste management licensing), for the words “shall after 31st July 1995 cease to have effect” there shall be substituted the following —
shall —
after 31st March 1996, in the case of an activity falling within paragraph 8 or 9 of Part III of Schedule 4;
after 31st July 1995, in any other case,
cease to have effect
.
Amendment of the Waste Management Licensing (Amendment etc. ) Regulations 1995
3
In regulation 4 of the Waste Management Licensing (Amendment etc.) Regulations 1995 (technical competence — transitional provisions) there shall be added at the end the following
5
In their application in relation to the manager of a facility at which activities falling within paragraph 8 or 9 of Part III of Schedule 4 to the Principal Regulations are carried on, paragraphs (3) and (4) above shall have effect as if —
a
in paragraph (3), for the words “the 15 months ending on 31st July 1995” there were substituted the words “the 23 months ending on 31st March 1996”;
b
in paragraph (4), for the words “31st July 1995” in each place where they occur there were substituted the words “31st March 1996”.
Signed by authority of the Secretary of State for the Environment
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
24th July 1995


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Non-Domestic Rating, Collection and Enforcement and Discretionary Relief) Regulations 1995 and shall come into force on 28th February 1995.
Interpretation
2
1
In these Regulations —
“the Discretionary Relief Regulations ” means the Non-Domestic Rating (Discretionary Relief) Regulations 1989 ;
“the principal Regulations ” means the Local Government Changes for England (Finance) Regulations 1994 ;
“the 1989 Regulations ” means the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 ; and
“relevant successor authority” means, in connection with non-domestic rates payable to the abolished authority in respect of hereditaments situated in a part of its area, the successor authority for that part.
2
In these Regulations the following expressions shall have the meanings given in the principal Regulations —
“abolished authority”, “the Act”, “the 1988 Act”, “initial year”, “preceding year”, “preliminary period”, “the reorganisation date”, “section 17 order”, and “successor authority”.
3
In these Regulations —
a
any reference to a relinquishing authority is a reference to a local authority which, by virtue of a section 17 order, ceases to have functions in relation to a part of its area (referred to in these Regulations as “the transferred area”) from the reorganisation date; and
b
any reference to an acquiring authority is a reference to an authority which, by virtue of a section 17 order, has from the reorganisation date all the functions (or would have all the functions but for an order under sections 21 and 22 of the Act) which prior to that date were the functions of the relinquishing authority in relation to the transferred area.
Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
Billing authorities
3
For the purposes of the 1989 Regulations references to “billing authority” shall, from the beginning of the preliminary period, include an authority which has functions under Part III of the 1988 Act by virtue of regulation 28(1) of the principal Regulations.
Billing authorities' functions during the preliminary period
4
1
The 1989 Regulations shall have effect during the preliminary period for the purposes of the exercise of functions under those Regulations by a successor authority, a relinquishing authority or an acquiring authority as regards the initial year as if the relevant structural or boundary change had come into effect at the beginning of the preliminary period.
2
An abolished authority shall not exercise any of the functions of a billing authority under the 1989 Regulations as regards the initial year.
Rights and duties of successor and relinquishing authorities
5
1
The 1989 Regulations shall have effect, on or after the reorganisation date, as if the rights and duties exercisable by or in relation to an abolished authority in connection with non-domestic rates payable to it in respect of hereditaments situated in any part of its area were rights and duties exercisable by or in relation to the relevant successor authority and any references to a billing authority in those Regulations shall have effect accordingly.
2
For the purposes of paragraph (1) anything done by or in relation to an abolished authority in the exercise of its functions under the 1989 Regulations shall be treated as if it had been done by or in relation to the relevant successor authority.
3
The 1989 Regulations shall have effect, on or after the reorganisation date, as if the rights and duties exercisable by or in relation to a relinquishing authority in connection with non-domestic rates payable to it in respect of a hereditament situated in the transferred area continued to be exercisable as regards any preceding year by or in relation to the relinquishing authority in relation to that part, and as if the acquiring authority had no rights and duties in connection with such non-domestic rates as regards any preceding year, and any references to a billing authority in those Regulations shall have effect accordingly.
Application for liability order
6
1
Where an abolished authority applied for a liability order under regulation 12 (application for liability order) of the 1989 Regulations and the order is made on or after the reorganisation date —
a
regulation 12(6)(b) of the 1989 Regulations shall apply on or after the reorganisation date as if the costs referred to were those reasonably incurred by the abolished authority and the relevant successor authority in obtaining the order; and
b
regulation 12(7) of the 1989 Regulations shall apply on or after that date as if the costs of the abolished authority in making the application had been the costs of the relevant successor authority.
Distress
7
Where a liability order was made under regulation 12 of the 1989 Regulations on the application of an abolished authority, regulation 14 (distress) of those Regulations shall apply on or after the reorganisation date as if the liability order had been applied for by the relevant successor authority.
Appeals in connection with distress
8
Where an abolished authority has levied or attempted to levy a distress under regulation 14 of the 1989 Regulations, regulation 15(2) and (4) (appeals in connection with distress) of those Regulations shall apply on or after the reorganisation date as if the levy had been made or attempted by the relevant successor authority.
Commitment to prison
9
Where an abolished authority has sought to levy an amount by distress under regulation 14 of the 1989 Regulations, regulation 16 (commitment to prison) of those Regulations shall apply on or after the reorganisation date as if it had been the relevant successor authority which had sought to levy the distress and as if the costs of the abolished authority in seeking to levy the distress had been the costs of the successor authority.
Magistrates' courts
10
Regulation 21(4) and (5) (magistrates' courts) of the 1989 Regulations shall apply on or after the reorganisation date in relation to any proceeding prosecuted or continued by the successor authority as if the reference to the applicant authority included the abolished authority.
Non-Domestic Rating (Discretionary Relief) Regulations 1989
Duties of acquiring authorities
11
The Discretionary Relief Regulations shall have effect, on or after the reorganisation date, as if any decision made or revoked, or any determination made or varied, by a relinquishing authority in connection with non-domestic rates payable to it in respect of a hereditament situated in the transferred area had been made, revoked or varied by the acquiring authority.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
30th January 1995


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Personal and Occupational Pension Schemes (Pensions Ombudsman) (Procedure) Rules 1995 and shall come into force on 10th May 1995.
2
In these Rules —
“complaint” means a complaint falling within section 146(1) of the Pension Schemes Act (complaint of maladministration);
“dispute” means a dispute falling within section 146(2) of the Pension Schemes Act (dispute of fact or law);
“party to the investigation” means, as the case may be, the authorised complainant or the respondent (as defined in these Rules) and “party” and “parties” shall be construed accordingly;
“the Pension Schemes Act” means the Pension Schemes Act 1993;
“respondent” means —
the trustees or managers, or
any other person to whom Part X of the Pension Schemes Act applies, as it applies in relation to such trustees or managers
to whom the complaint or dispute relates.
Provision of details of complaint or dispute referred
2
1
An authorised complainant shall give details of the complaint made or dispute referred in writing.
2
The details shall include —
a
the name and address of the authorised complainant;
b
the name and address of the respondent;
c
the facts relating to the complaint or dispute;
d
whether or not the complaint or dispute has been brought to the attention of the Occupational Pensions Advisory Service Limited ;
e
the name, address and profession of the representative (if any) of the authorised complainant and whether such address is the address for correspondence to the complainant for the purposes of the investigation.
Amendment of details and delivery of supplementary statement
3
The authorised complainant may with the leave of the Pensions Ombudsman (which leave shall not be unreasonably refused) at any time —
a
submit a supplementary statement;
b
amend the details of his complaint or dispute or his supplementary statement.
Withdrawal of complaint or dispute
4
The authorised complainant may withdraw his complaint or dispute —
a
at any time before the end of fourteen days from the date he receives a copy of the reply referred to in paragraph (3) of rule 6 by sending to the office of the Pensions Ombudsman a notice stating he so withdraws signed by him or his representative;
or
b
thereafter with the leave of the Pensions Ombudsman which leave shall not be unreasonably refused.
Acknowledgement and supply of copy documents by Pensions Ombudsman
5
1
Upon receiving details of a complaint or dispute the Pensions Ombudsman shall send to the authorised complainant or his representative an acknowledgement of receipt.
2
Where the Pensions Ombudsman proposes to investigate the complaint or dispute, he shall forthwith supply a copy of the details of the complaint or dispute together with any amendments or supplementary statements, written representations or other documents received from the authorised complainant or his representative to the respondent.
3
Where the Pensions Ombudsman does not propose to investigate the complaint or dispute, he shall forthwith inform the authorised complainant or his representative that he does not propose to conduct an investigation.
Action by the respondent on receipt of a complaint or dispute
6
1
Upon receiving a copy of the details of a complaint or dispute the respondent shall deliver to the Pensions Ombudsman a written reply acknowledging receipt of the details and stating —
a
the facts relating to the complaint or dispute, whether or not the respondent opposes the allegations made in the complaint or dispute and any details on which it relies in opposing those allegations;
b
whether in the opinion of the respondent, any other person has a direct interest in the subject matter of the complaint or dispute and if so the name and address of such other person;
c
the name, address and profession of the representative (if any) of the respondent and whether such address is the address for correspondence to the respondent for the purposes of the investigation.
2
The respondent shall deliver to the Pensions Ombudsman a sufficient number of additional copies of the reply to enable the Pensions Ombudsman to provide a copy to the authorised complainant and any other person named by the respondent as having a direct interest in the subject matter of the complaint or dispute.
3
Every such reply shall be signed by or on behalf of the respondent and shall be delivered at the office of the Pensions Ombudsman note later than twenty-one days after the date on which the copy of the details of the complaint or dispute was received by the respondent from the Pensions Ombudsman.
4
The respondent may in its reply, or in a separate notice to the Pensions Ombudsman submitted within the twenty-one day period referred to in paragraph (3) request —
a
further particulars of the complaint or dispute;
b
a determination of any question as a preliminary issue.
Amendment of reply by the respondent
7
1
The respondent may with the leave of the Pensions Ombudsman (which leave shall not be unreasonably refused) at any time —
a
submit a supplementary statement;
b
amend any reply or supplementary statement.
2
The respondent shall deliver to the Pensions Ombudsman a sufficient number of additional copies of any amended reply or supplementary statement to enable the Pensions Ombudsman to provide a copy to the authorised complainant and any other person named by the respondent as having a direct interest in the subject matter of the complaint or dispute.
Failure to reply and absence of opposition
8
If no reply is received by the Pensions Ombudsman within the period referred to in paragraph (3) of rule 6 or any extension of that period allowed by the Pensions Ombudsman, or if the respondent states in writing that it does not oppose or withdraws its opposition to the allegations the Pensions Ombudsman may, in any such case where there is no other opposition to the allegations, determine the complaint or dispute forthwith.
Disclosure of documents and other material
9
1
The authorised complainant and respondent shall send or deliver to the Pensions Ombudsman by such date as the Pensions Ombudsman may specify a copy of any document or other material on which he intends to rely.
2
The respondent shall, subject to paragraph (3), in addition send to the Pensions Ombudsman a sufficient number of copies of any such document or other material to which paragraph (1) applies to enable the Pensions Ombudsman to provide a copy to any other party to the investigation.
3
The respondent need not send the additional copies referred to in paragraph (2) where the document or material or a copy thereof is already in the possession of the other parties or the Pensions Ombudsman already holds a sufficient number of copies.
4
Where a document or other material is obtained by the Pensions Ombudsman pursuant to a request made by him to any party to the investigation, the Pensions Ombudsman shall supply a copy to each of the other parties to the investigation.
5
It shall be a condition of the supply of any document under this rule that a party to the investigation shall use the document supplied only for the purposes of the investigation.
Notice of requirements in the event of an oral hearing
10
1
Where the Pensions Ombudsman considers it appropriate for an oral hearing to be held in connection with any investigation conducted by him, he shall, with due regard to the convenience of the parties to the investigation, fix the time and place of any such 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 time and place of such hearing.
2
The Pensions Ombudsman shall include in or with the notice of hearing
a
information as to attendance at the hearing of the parties and witnesses, the bringing of documents and the right to representation by another person;
b
a statement explaining —
i
the right of any party to the investigation, who does not attend and is not represented, to make representations in writing; and
ii
the possible consequences of non-attendance.
3
The Pensions Ombudsman may, if it is necessary in the circumstances, alter the time and place of any oral hearing and he 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 rule.
4
Where the Pensions Ombudsman adjourns any oral hearing, providing that the time and place of the reconvening of the hearing are announced before the adjournment, no further notice shall be required.
Action of party to the investigation in relation to any hearing
11
1
Each party to the investigation shall inform the Pensions Ombudsman whether or not he intends to attend or be represented at the hearing and whether or not he intends to call witnesses.
2
If any party to the investigation does not intend to attend or be represented at the hearing, he may send to the Pensions Ombudsman additional written representations.
Hearings to be in public subject to exceptions
12
1
All hearings by the Pensions Ombudsman shall be in public except where by reason of the disclosure of any matter that relates to intimate personal or financial circumstances, is commercially sensitive, consists of information communicated or obtained in confidence or concerns national security, it is just and reasonable for the hearing or any part thereof to be in private.
2
A member of the Council on Tribunals or of the Scottish Committee of that Council shall be entitled to attend the hearing whether it is in public or in private.
3
The Pensions Ombudsman, with the consent of the parties to the investigation, may permit any other person to attend any hearing which is held in private.
4
Any person whose conduct has disrupted or is likely to disrupt the hearing may be excluded by the Pensions Ombudsman.
Failure of parties to the investigation to attend any hearing
13
1
If a party to the investigation fails to attend or be represented at a hearing of which he has been duly notified, the Pensions Ombudsman may —
a
conduct the hearing and determine the complaint or dispute in the party’s absence;
or
b
adjourn the hearing.
2
Before deciding to dispose of any case in the absence of a party, the Pensions Ombudsman shall consider any representations in writing submitted by that party in response to the notice of hearing.
Representation at any hearing
14
At any hearing, any party to the investigation, if an individual, may conduct his case himself (with assistance from any person if he wishes) or may appear and be represented by any person whether or not legally qualified, provided that, if in any particular case there are good and sufficient reasons for doing so, the Pensions Ombudsman may refuse to permit a particular person to assist or represent the party at the hearing.
Procedure at any hearing
15
1
At the beginning of any hearing the Pensions Ombudsman shall explain the order of proceeding which he proposes to adopt.
2
Subject to this rule, the Pensions Ombudsman shall conduct the hearing in such manner as he considers appropriate to the clarification of the issues before him and generally to the just handling of the investigation; he shall so far as seems appropriate seek to avoid formality in the hearing.
3
The parties to the investigation shall be heard in such order as the Pensions Ombudsman shall determine. They shall be entitled to give evidence, to call witnesses, to question any party to the investigation or witnesses and to address the Pensions Ombudsman both on the evidence and generally on the subject matter of the investigation.
4
Evidence before the Pensions Ombudsman may be given orally or where the Pensions Ombudsman considers appropriate, by affidavit or written statement, but the Pensions Ombudsman may, if it is appropriate, at any stage of the hearing require the personal attendance of any deponent or maker of a written statement.
5
The Pensions Ombudsman may receive evidence of any fact which appears to him 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.
Miscellaneous powers of the Pensions Ombudsman
16
1
The Pensions Ombudsman may —
a
extend the time appointed by or under these Rules for doing any act, notwithstanding that the time appointed may have expired;
b
subject to paragraph (2) below, at any stage of the investigation order to be struck out or amended any written representation on the grounds that it is scandalous, frivolous or vexatious;
c
subject to paragraph (2) below, order the discontinuance of an investigation if he considers it appropriate to do so.
2
Before making any order under paragraph (1)(b) or (c) above, the Pensions Ombudsman shall send notice to the party to the investigation against whom it is proposed that any such order should be made giving him an opportunity to show cause why such an order should not be made.
Irregularities
17
1
Any irregularity resulting from failure to comply with any provisions of these Rules shall not of itself render the proceedings void.
2
Clerical mistakes in any written statement of a determination (including any direction made under section 151(2) of the Pension Schemes Act) or errors arising in such a document from an accidental slip or omission, may be corrected by the Pensions Ombudsman by certificate under his hand.
Method of sending or delivering documents etc
18
1
Any document required or authorised by these Rules to be sent or delivered to any person shall be duly sent or delivered to that person: —
a
if it is sent to him at his proper address by post;
b
if it is sent to him at that address by facsimile 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 proper address.
2
The proper address for the Pensions Ombudsman is the address of the office of the Pensions Ombudsman.
3
The proper address of any other person to whom any such document is to be sent or delivered shall be the address given by that person or, if none, the last known address of that person or, in the case of an incorporated company or body, the registered or principal office of that company or body.
Substituted service
19
If any person to whom any document is required to be sent or delivered for the purpose of these Rules cannot be found or has died and has no known personal representative, or is out of the United Kingdom, or if for any other reason service on him cannot be readily effected, the Pensions Ombudsman may dispense with service on such person or may make an order for substituted service on such other person in such other form (whether by advertisement in a newspaper or otherwise) as is reasonable.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
10th April 1995


text:
Citation and commencement
1
This Order may be cited as the Royal Hull Hospitals National Health Service Trust (Establishment) Amendment Order 1995 and shall come into force on 26th January 1995.
Amendment of NHS Trust Establishment Order
2
In Article 4 of the Royal Hull Hospitals National Health Service Trust (Establishment) Order 1992 (directors of the trust) there shall be added at the end the words “, and, 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 those non–executive directors shall be appointed from the University of Hull”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
16th January 1995


text:
Citation and commencement
1
1
These Regulations may be cited as the Housing Renovation etc. Grants (Reduction of Grant) (Amendment) Regulations 1995 and shall come into force on 17th April 1995.
2
In these Regulations —
a
“the principal Regulations ” means the Housing Renovation etc. Grants (Reduction of Grant) Regulations 1994 ; and
b
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992 .
Amendments
2
1
The principal Regulations shall be amended in accordance with this Regulation.
2
In regulation 2(1) (interpretation) —
a
at the end of the definition of “employed earner”, insert “and also includes a person who is in receipt of a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay or statutory maternity pay ”;
b
insert in the appropriate places —
“charity” has the meaning given by section 96 of the Charities Act 1993 , and “charitable body” shall be construed accordingly;
;
“incapacity benefit” means long–term incapacity benefit or short–term incapacity benefit under Part II of the 1992 Act ;
;
“long–term incapacity benefit” means long–term incapacity benefit under Part II of the 1992 Act;
;
“short–term incapacity benefit” means short–term incapacity benefit under Part II of the 1992 Act;
;
“statutory maternity pay” means statutory maternity pay under Part XII of the 1992 Act; “statutory sick pay” means statutory sick pay under Part XI of the 1992 Act;
; and
“voluntary organisation” has the meaning given by section 105(1) of the Children Act 1989 ;
.
3
In regulation 4(2)(f) (definition of non–dependant) for “voluntary body (other than a public or local authority)”, and in regulation 28(4) (notional income) and paragraph 2 of Schedule 3 (sums to be disregarded in determining income other than earnings), for “voluntary body” substitute “voluntary organisation”.
4
In regulation 10 (reduction in amount of grant) —
a
in sub–paragraph 10(1)(a), for “17.76” substitute “17.23”;
b
in sub–paragraph 10(1)(b), for “35.52” substitute “34.46”;
c
in sub–paragraph 10(1)(c), for “142.06” substitute “137.84”;
d
in sub–paragraph 10(1)(d), for “355.15” substitute “344.61”;
e
in sub–paragraph 10(2)(a), for “10.51” substitute “10.34”;
f
in sub–paragraph 10(2)(b), for “21.02” substitute “20.69”;
g
in sub–paragraph 10(2)(c), for “84.09” substitute “82.76”; and
h
in sub–paragraph 10(2)(d), for “210.23” substitute “206.89”.
5
In regulation 11(2)(a) (successive applications), after “by virtue of regulation 10 and this regulation” insert “or regulations 10 and 11 of the Housing Renovation etc. Grants (Reduction of Grant) Regulations 1990 ”.
6
In regulation 16 (determination of income on a weekly basis) —
a
at the end of paragraph (1) add —
,and
by then deductung the average weekly relevant child care charge, determined in accordance with regulation 16A (treatment of child care charges), up to a maximum deduction in respect of the relevant person’s family of £40 per week.
; and
b
in paragraph (2), after “28 (notional income)” insert “, 40 (determination of grant income)”.
7
After regulation 16 (determination of income on a weekly basis) insert —
Treatment of child care charges
16A
1
This regulation applies where a relevant person has incurred relevant child care charges and —
a
is a lone parent and is engaged in remunerative work;
b
is a member of a couple both of whom are engaged in remunerative work; or
c
is a member of a couple where one member is engaged in remunerative work and the other member is incapacitated.
2
Relevant child care charges shall be determined over such period, not exceeding a year, as is appropriate in order that the average weekly charge may be estimated accurately having regard to information as to the amount of the charge provided by the child minder or person providing the care.
3
For the purposes of paragraph (1)(c) the other member of a couple is incapacitated where —
a
the relevant person’s applicable amount includes —
i
a disability premium; or
ii
a higher pensioner premium by virtue of the satisfaction of paragraph 10(2)(b) of Schedule 1;
on account of the other member’s incapacity;
b
the relevant person’s applicable amount would include a disability premium or a higher pensioner premium on account of the other member’s incapacity, but for that other member being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the 1992 Act (incapacity for work: disqualification, etc.);
c
the relevant person (within the meaning of regulation 3) is or is treated as incapable of work, and has been so incapable or has been so treated as incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the 1992 Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;
d
there is payable in respect of him one or more of the following —
i
long–term incapacity benefit, or short–term incapacity benefit at the higher rate, under Schedule 4 to the 1992 Act (rates of benefits, etc.);
ii
attendance allowance under section 64 of that Act (entitlement to an attendance allowance);
iii
severe disablement allowance under section 68 of that Act (severe disablement allowance: entitlement and rate);
iv
disability living allowance under section 71 of that Act (disability living allowance);
v
increase of disablement pension under section 104 of that Act (increase where constant attendance needed);
vi
a pension increase under a war pension scheme or an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under paragraph (ii), (iv) or (v) above;
e
a pension or allowance to which paragraph (ii), (iv), (v) or (vi) of sub– paragraph (d) refers was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient within the meaning of regulation 18(2) of the Housing Benefit (General) Regulations 1987 (patients);
f
sub–paragraph (d) or (e) would apply to him if the legislative provisions referred to in those sub–paragraphs were provisions under any correspond– ing enactment having effect in Northern Ireland ; or
g
he has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of and Schedule 2 to the National Health Service Act 1977 (provision of vehicles for those suffering disability) or under section 46 of the National Health Service (Scotland) Act 1978 (provision of vehicles for persons suffering from physical defect or disability) or provided by the Department of Health and Social Services for Northern Ireland under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972 (provision of vehicles for persons suffering from physical defect or disability).
4
In this regulation —
“Crown property” means property held by Her Majesty in right of the Crown or by a government department or which is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest held by Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners;
“local authority” means, in relation to England and Wales, the council of a county or district, a metropolitan district, a London Borough, the Common Council of the City of London or the Council of the Isles of Scilly or, in relation to Scotland, a regional, islands or district council;
“relevant child care charges” means the charges paid by the relevant person for care provided for any child of the relevant person’s family who is under the age of 11 years, other than charges paid in respect of the child’s compulsory education, where the care is provided —
by persons registered under section 71 of the Children Act 1989 (registration of child minders and persons providing day care for young children);
for children aged 8 and over but under 11, out of school hours, by a school on school premises or by a local authority; or
by a child care scheme operating on Crown property where registration under section 71 of the Children Act 1989 is not required;
and shall be determined on a weekly basis in accordance with paragraph (2).
.
8
In regulation 18 (average weekly earnings of self–employed earners), for the words “over such period” to the end substitute “over the period of 52 weeks immediately preceding the application or, where his earnings from such employment fluctuate, over such other lesser period immediately preceding the application as may enable his average weekly earnings to be determined more accurately.”.
9
For regulation 19 (average weekly income other than earnings), for the words “such period not exceeding” to the end substitute “the period of 52 weeks immediately preceding the application or, where such income fluctuates, over such other lesser period immediately preceding the application as may enable his average weekly income to be determined more accurately.”.
10
In regulation 22(3) (determination of net earnings of employed earners), omit “and” at the end of sub–paragraph (a) and substitute for sub–paragraph (b) —
b
one–half of any sum paid by the relevant person by way of a contribution towards an occupational pension scheme;
c
one–half of the amount calculated in accordance with paragraph (4) in respect of any qualifying contribution payable by the relevant person; and
d
where those earnings include a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay or statutory maternity pay, any amount deducted from those earnings by way of any contributions which are payable under any enactment having effect in Northern Ireland and which correspond to primary Class 1 contributions under the 1992 Act.
4
The amount in respect of any qualifying contribution shall be calculated by multiplying the daily amount of the qualifying contribution by the number equal to the number of days in the assessment period; and for the purposes of this regulation the daily amount of the qualifying contribution shall be determined —
a
where the qualifying contribution is payable monthly, by multiplying the amount of the qualifying contribution by 12 and dividing the product by 365;
b
in any other case, by dividing the amount of the qualifying contribution by the number equal to the number of days in the period to which the qualifying contribution relates.
5
In this regulation “qualifying contribution” means any sum which is payable periodically as a contribution towards a personal pension scheme.
.
11
For regulation 23(b) (earnings of self–employed earners) substitute —
b
shall not include any payment to which paragraph 24 or 25 of Schedule 3 refers (payments in respect of a person accommodated with the relevant person under arrangements made by a local authority or voluntary organisation and payments made to the relevant person by a health authority, local authority or voluntary organisation in respect of persons temporarily in the relevant person’s care).
.
12
In regulation 24(7) (determination of net profit of self–employed earners), for “The local housing authority shall not make a deduction” substitute “No deduction shall be made”.
13
In regulations 25(1) (deduction of tax and contributions for self–employed earners) and 28(7)(a) (notional income) —
a
for “and the basic rate” substitute “and the basic rate or the basic rate and higher rate”; and
b
for “if appropriate, the basic rate” substitute “if appropriate, the basic rate and the higher rate”.
14
For regulation 27 (capital treated as income), substitute —
Annuity treated as income
27
Any payment received under an annuity shall be treated as income.
.
15
In regulation 28(4) (notional income) —
a
for “the local housing authority shall treat the relevant person” substitute “the relevant person shall be treated”; and
b
for “authority” substitute “the local housing authority”.
16
In regulation 40(2)(g) (determination of grant income) —
a
after “special equipment” insert “referred to in sub–paragraph (b)”; and
b
for “£273” substitute “£276”.
17
In regulation 40(3) (determination of grant income), for “Regulations 1993” substitute “( No. 2) Regulations 1993 or a corresponding provision governing the award in question” .
18
In regulation 44 (disregard of contribution), for the words “a contribution to the student’s grant” to the end substitute “the amount of the student’s grant, an amount equal to the contribution (whether or not the contribution is paid) shall be disregarded in determining the income of the other.”
19
In Schedule 1 (applicable amounts) —
a
for paragraph 1 substitute —
1
The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 12(a) and 13(a) and (b) —
(1) (2) Person or couple Amount
1
Single person aged —
a
less than 25
b
not less than 25
1
a
£36.80;
b
£46.50.
2
Lone parent aged —
a
less than 18
b
not less than 18
2
a
£36.80;
b
£46.50.
3
Couple —
a
where both members are aged less than 18
b
where at least one member is aged not less than 18
3
a
£55.55;
b
£73.00.
;
b
for paragraph 2 substitute —
2
The amounts specified in column (2) below in respect of each person specified in column (1) shall be the amounts specified for the purposes of regulations 12(b) and 13(c) —
(1) (2) Child or Young Person Amount
Person aged —
a
less than 11
b
not less than 11 but less than 16
c
not less than 16 but less than 18
d
not less than 18
a
£15.95;
b
£23.40;
c
£28.00;
d
£36.80.
;
c
in paragraph 3, for “£10.05” substitute “£10.25”;
d
in paragraph 12(1)(a)(i) —
i
for “an invalidity pension under section 33” substitute “long–term incapacity benefit under Part II”;
ii
for “section 68” substitute “Part II”; and
iii
for “of invalidity pension” substitute “of long–term incapacity benefit”;
e
in paragraph 12(1)(a)(ii) —
i
for “invalidity pension under section 33” substitute “long–term incapacity benefit under Part II”; and
ii
for “if the invalidity pension” substitute “if the long–term incapacity benefit”;
f
for paragraph 12(1)(b) substitute —
b
the relevant person —
i
is incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the 1992 Act (incapacity for work), and
ii
has been incapable, or has been treated as incapable, of work for a continuous period of not less than —
aa
in the case of a relevant person who is terminally ill within the meaning of section 30B(4) of the 1992 Act , 196 days; and
bb
in any other case, 364 days.
;
g
in paragraph 12(3), for “for the purposes of the provisions specified in that provision” substitute “or to be incapable of work”;
h
for paragraph 12(5) substitute —
5
For the purposes of sub–paragraph (1)(b), where any two or more periods of incapacity are separated by a break of not more than 56 days, those periods shall be treated as one continuous period.
6
For the purposes of this paragraph, a reference to a person who is or was in receipt of long–term incapacity benefit includes a person who is or was in receipt of short–term incapacity benefit at a rate equal to the long–term rate by virtue of section 30B(4)(a) of the 1992 Act (short–term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short–term incapacity benefit at such a rate but for the fact that the rate of short– term incapacity benefit already payable to him is or was equal to or greater than the long–term rate.
;
i
after paragraph 13(4) insert —
5
For the purposes of sub–paragraph (2)(a)(iii) and (b), no account shall be taken of an award of invalid care allowance to the extent that payment of such an award is back–dated for a period before the date on which the award is made.
; and
j
for Part IV substitute —
PART IV
AMOUNTS OF PREMIUMS SPECIFIED IN PART III
Premium Amount
18
—
1
Lone parent premium
1
£11.50.
2
Pensioner premium for persons aged under 75 —
2
a
where the relevant person satisfies the condition in paragraph 8(a)
a
£18.60;
b
where the relevant person satisfies the condition in paragraph 8(b)
b
£28.05.
3
Pensioner premium for persons aged 75 and over —
3
a
where the relevant person satisfies the condition in paragraph 9(a)
a
£20.70;
b
where the relevant person satisfies the condition in paragraph 9(b)
b
£30.95.
4
Higher pensioner premium —
4
a
where the relevant person satisfies the condition in paragraph 10(1)(a) or (b)
a
£25.15;
b
where the relevant person satisfies the condition in paragraph 10(2)(a) or (b)
b
£35.95.
5
Disability premium —
5
a
where the relevant person satisfies the condition in paragraph 11(a)
a
£19.80;
b
where the relevant person satisfies the condition in paragraph 11(b)
b
£28.30.
6
Severe disability premium —
6
a
where the relevant person satisfies the condition in paragraph 13(2)(a)
a
£35.05;
b
where the relevant person satisfies the condition in paragraph 13(2)(b) —
b
i
in a case where there is someone in receipt of an invalid care allowance
i
£35.05;
ii
in a case where there is no–one in receipt of such an allowance
ii
£70.10.
7
Disabled child premium
7
£19.80 for each child or young person for whom the con– dition specified in paragraph 14 is satisfied.
8
Carer premium
8
£12.60 for each person who satisfies the condition specified in paragraph 15.
.
20
In Schedule 3 (sums to be disregarded in the determination of income other than earnings) —
a
in paragraph 14, for “Subject to paragraph 33,” substitute “Subject to paragraph 32,”;
b
for paragraph 16(i) substitute —
i
where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act;
;
c
in paragraph 41(b), for “19th” substitute “21st”; and
d
after paragraph 51 insert —
52
Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows) .
53
In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows) , the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.
54
1
Any payment which is —
a
made under any of the Dispensing Instruments to a widow of a person —
i
whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and
ii
whose service in such capacity terminated before 31st March 1973; and
b
equal to the amount specified in article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows).
2
In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non– effective pay and allowances) .
.
21
In Schedule 4 (capital to be disregarded) —
a
at the end of paragraph 37 insert “or of any amount which is disregarded under paragraph 52, 53 or 54 of that Schedule”; and
b
after paragraph 44 add —
45
Any sum of capital administered on behalf of a person under the age of 18 by the High Court under the provisions of Order 80 of the Rules of the Supreme Court 1965 , the county court under Order 10 of the County Court Rules 1981 , or the Court of Protection, where such sum derives from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents.
46
Any sum of capital administered on behalf of a person under the age of 18 in accordance with an order made under Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965 , or under Rule 36.14 of the Ordinary Cause Rules 1993 , or under Rule 128 of the Ordinary Cause Rules where such sum derives from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents.
.
Application
3
1
Subject to paragraph (2), these Regulations shall not have effect in relation to applications for grant made before 17th April 1995.
2
Where, in relation to any pending application made after 12th April 1995 and before 17th April 1995, the relevant person is not entitled to a disability premium or higher pensioner premium but would have been so entitled had the application been made on 17th April 1995, for the purposes of that relevant person’s entitlement to a disability premium or higher pensioner premium his application shall be treated as if it had been made on 17th April 1995.
Transitional provisions
4
1
Where the higher pensioner premium was applicable to a relevant person on, or at any time during the 56 days immediately preceding, 12th April 1995 by virtue of paragraph 12(1)(a)(ii) of Schedule 1 to the principal Regulations as in force on that date, paragraph 12 of that Schedule shall continue to apply in that relevant person’s case as if regulation 2(19)(d) to (h) of these Regulations had not been made.
2
Where on 12th April 1995 the disability premium was applicable to a relevant person by virtue of paragraph 12(1)(b) of Schedule 1 to the principal Regulations as in force on that date, the disability premium shall continue to be applicable to that relevant person from 13th April 1995 and for so long as he is incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the 1992 Act (incapacity for work).
3
Paragraph (2) shall not apply to a relevant person who ceases to be incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the 1992 Act (incapacity for work) for a period of more than 56 continuous days.
4
Where, in any period immediately preceding 13th April 1995, the circumstances mentioned in paragraph 12(5) of Schedule 1 to the principal Regulations as in force on 12th April 1995 applied to a relevant person to whom the disability premium was not applicable, that relevant person shall be treated for the purposes of regulation 16A(3)(c) of, and paragraph 12(1)(b) of Schedule 1 to, the principal Regulations as if he had been incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the 1992 Act (incapacity for work) throughout that period.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
14th March 1995
John Redwood
Secretary of State for Wales
17th March 1995
We consent,
Timothy Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 1995


text:
1
This Order may be cited as the Strathclyde Regional Council Prevention of Water Pollution (Mill Glen, Busbie Muir, Munnoch, Caaf, Knockendon, Crosbie, Glenburn, Pundeavon, Cuffhill, Kirkleegreen) Byelaws Extension Order 1995 and shall come into force on 8th April 1995.
2
The period during which the Strathclyde Regional Council, Prevention of Water Pollution (Mill Glen, Busbie Muir, Munnoch, Caaf, Knockendon, Crosbie, Glenburn, Pundeavon, Cuffhill, Kirkleegreen) Byelaws 1985 are to remain in force is hereby extended to 9th April 1997.
T D Macdonald
Deputy Chief Engineer, Scottish Office
Scottish Office Environment Department,
27 Perth Street,
Edinburgh
30th March 1995


text:
Citation and commencement
1
These Regulations may be cited as the Pensions Increase (Civil Service Compensation Scheme 1994) Regulations 1995, and shall come into force on 25th July 1995.
Interpretation
2
1
In these Regulations —
“the 1971 Act ” means the Pensions (Increase) Act 1971;
“pension” means a pension within the meaning of the 1971 Act;
“ the scheme ” means the Civil Service Compensation Scheme 1994.
2
For the purposes of these Regulations the time when a pension “begins” is that stated in section 8(2) of the 1971 Act .
Pension to which the 1971 Act will apply
3
The 1971 Act shall have effect in relation to any pensions payable under the scheme (being a scheme made under section 1 of the Superannuation Act 1972 by virtue of section 2(2) of that Act) as if they were pensions specified in Part I of Schedule 2 to the 1971 Act.
Date from which increases of pension are to have effect
4
Any increase of pension payable by virtue of these Regulations shall take effect in respect of any pension beginning on or after 1st January 1995.
Andrew Mitchell
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd July 1995


text:
Citation, commencement and interpretation
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 1995 and shall come into force on 22nd June 1995.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
3
In this Act of Sederunt, “the Act of Sederunt 1993” means the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 .
Amendment of General Regulations
2
The General Regulations in Schedule 1 to the Act of Sederunt 1993 shall be amended by omitting from General Regulation 5(b) the words “Where such an increase is allowed” to the words “against his own client”.
Amendment of Table of Fees
3
1
In Chapters I, II , III , IV and VI of the Table of Fees in the Schedule to the Act of Sederunt 1993, in the paragraphs specified in column 1 of the Schedule to this Act of Sederunt, for the fees set out in column 2 of that Schedule as applying to those paragraphs, there shall be substituted the fees set out in column 3 of that Schedule; and the fees so substituted shall apply to work, for which those fees are chargeable, done on or after the date on which this Act of Sederunt comes into force.
2
After sub-paragraph (b) of paragraph 1 of Part I of Chapter I of the said Table insert:
bb
In cases where a court appearance is necessary because of a time to pay direction an additional fee of £25.
.
3
In sub-paragraph (c) of paragraph 1 of Part I of Chapter I of the said Table for the words “dues for deliverance” substitute the word “fees”.
4
In sub-paragraph (b) of paragraph 2 of Part I of Chapter I of the said Table for the words from “the shorthand writer’s fee actually charged” to the end of that sub-paragraph substitute the words: “The court fee, any shorthand writer’s fee actually charged as provided by Act of Sederunt and also any other necessary outlays up to £75 without the necessity for taxation. If the other outlays claimed exceed £75, then an account of such other outlays shall be remitted to the auditor of court for taxation and the sum allowed in respect of such other outlays shall be the amount as taxed together with the court fees for the lodging and taxation of that account.”.
Saving
4
The fees set out in column 2 of the Schedule to this Act of Sederunt shall continue to apply to work done before this Act of Sederunt comes into force.
Hope of Craighead
Lord President, I.P.D.
Edinburgh,
31st May 1995


text:
Title and commencement
1
These Regulations may be cited as the Bread and Flour Regulations 1995 and shall come into force on 1st January 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“bread” means a food of any size, shape or form which —
is usually known as bread, and
consists of a dough made from flour and water, with or without other ingredients, which has been fermented by yeast or otherwise leavened and subsequently baked or partly baked,
but does not include buns, bunloaves, chapatis, chollas, pitta bread, potato bread or bread specially prepared for coeliac sufferers;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“flour” means the product which is derived from, or separated during, the milling or grinding of cleaned cereal whether or not the cereal has been malted or subjected to any other process, and includes meal, but does not include other cereal products, such as separated cereal bran, separated cereal germ, semolina or grits;
“flour bleaching agent” means any food additive primarily used to remove colour from flour;
“flour treatment agent” means any food additive which is added to flour or dough to improve its baking quality;
“food additive” has the meaning assigned to it by the Miscellaneous Food Additives Regulations 1995 ;
“food authority” does not include —
the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change;
until 1st April 1996, the council of a district in Wales; or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“ingredient” has the meaning assigned to it by the Food Labelling Regulations 1984 ;
“labelling” has the meaning assigned to it by the Food Labelling Regulations 1984;
“the labelling regulations” means —
in relation to England and Wales, the Food Labelling Regulations 1984, and
in relation to Scotland, the Food Labelling (Scotland) Regulations 1984 ;
“member State” means a member State of the European Community;
“sell” includes offer or expose for sale and includes have in possession for sale, and “sale”shall be construed accordingly.
2
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the reference is to a regulation of, or Schedule to, specified regulations, be construed as a reference to the regulation or Schedule so numbered in these Regulations.
Exemptions
3
1
These Regulations, except in so far as they relate to advertising, shall not apply to any food which is not intended for sale for human consumption.
2
These Regulations shall not apply in respect of —
a
any bread which is brought into Great Britain from an EEA State in which it was lawfully produced and sold or from a member State in which it was in free circulation and lawfully sold; or
b
any flour which is brought into Great Britain from a member State in which it was lawfully produced and sold or in which it was in free circulation and lawfully sold; and
which is suitably labelled to give the nature of the bread or flour.
3
For the purposes of paragraph (2) above, “free circulation” shall be construed in accordance with Article 9.2 of the Treaty establishing the European Community.
Composition of flour
4
1
Subject to paragraph (2) below, flour derived from wheat and from no other cereal, whether or not mixed with other flour, shall contain the substances specified in column 1 of Schedule 1 in accordance with the proportions and conditions prescribed in column 2 of that Schedule and with Schedule 2.
2
a
The requirements specified for item 1 in column 2 of Schedule 1 shall not apply in the case of —
i
wholemeal flour,
ii
self raising flour which has a calcium content of not less than 0.2 per cent, and
iii
wheat malt flour.
b
The substances specified in items 2 — 4 of Schedule 1 shall, in the case of —
i
wholemeal flour, be naturally present in the quantities specified in column 2 of that Schedule, and not added;
ii
flour other than wholemeal, be added where such addition is necessary in accordance with the conditions prescribed in column 2 of that Schedule.
3
Subject to paragraph (4) below —
a
no manufacturer of flour shall sell any flour which does not comply with this regulation; and
b
no importer of flour shall —
i
import into Great Britain any flour, or
ii
sell any flour imported by him,
which does not comply with this regulation.
4
This regulation shall not apply as respects any sale or importation into Great Britain of flour for use in the manufacture of communion wafers, matzos, gluten, starch or any concentrated preparation for use for the purpose of facilitating the addition to flour of the substances referred to in Schedule 1.
Additional ingredients
5
1
Subject to paragraph (2) below, no person shall use as an ingredient in the preparation of flour or bread any enzyme preparation, flour bleaching agent or flour treatment agent other than an enzyme preparation, flour bleaching agent or flour treatment agent specified in column 1 of Schedule 3.
2
No person shall use as an ingredient in the preparation of flour or bread any enzyme preparation, flour bleaching agent or flour treatment agent specified in column 1 of Schedule 3 unless —
a
the flour or bread is of a type specified in column 2 of that Schedule in relation to that enzyme preparation, flour bleaching agent or flour treatment agent; and
b
the quantity of the enzyme preparation, flour bleaching agent or flour treatment agent used in the flour or bread does not exceed the maximum quantity, if any, specified in the appropriate entry in column 3 of that Schedule, or, if no maximum quantity is so specified, the quantity of the enzyme preparation, flour bleaching agent or flour treatment agent used in the flour or bread accords with good manufacturing practice.
3
Notwithstanding regulation 18 of the labelling regulations, where a flour treatment agent has been used as an ingredient of any bread an indication of the presence of flour treatment agent shall appear —
a
in the list of ingredients of the bread as prescribed by regulation 15 of the labelling regulations, where the bread is marked or labelled with a list of ingredients; or
b
on a label, ticket or notice as prescribed by regulation 33 of the labelling regulations, where by virtue of regulation 24 of the labelling regulations the bread is not marked or labelled with a list of ingredients.
Restrictions on the use of the words `wholemeal' and `wheat germ'
6
1
There shall not be used in the labelling or advertising of bread, as part of the name of the bread, whether or not qualified by other words —
a
the word `wholemeal' unless all the flour used as an ingredient in the preparation of the bread is wholemeal;
b
the word `wheat germ' unless the bread has an added processed wheat germ content of not less than 10 per cent calculated on the dry matter of the bread.
2
No person shall sell or advertise for sale any bread in contravention of this regulation.
Offences and penalties
7
1
If any person contravenes or fails to comply with regulation 4(3), 5 or 6(2) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Enforcement
8
Each food authority shall enforce and execute these Regulations in its area.
Defence in relation to exports
9
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that the food complies with that legislation.
Transitional provisions
10
In any proceedings for an offence against these Regulations it shall be a defence to prove that —
a
the act was committed before 1st July 1997; and
b
the matters constituting the offence would not have constituted an offence against the Bread and Flour Regulations 1984 or the Bread and Flour (Scotland) Regulations 1984 if those Regulations had been in operation when the act was committed.
Application of various sections of the Act
11
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations —
Section 2 (extended meaning of `sale' etc. );
Section 3 (presumption that food is intended for human consumption);
Section 20 (offences due to fault of another person);
Section 21 (defence of due diligence);
Section 22 (defence of publication in the course of business);
Section 30(8) (which relates to documentary evidence);
Section 33 (obstruction etc. of officers);
Section 36 (offences by bodies corporate); and
Section 44 (protection of officers acting in good faith).
Amendments
12
In the Regulations specified in Schedule 4, for the words “the Bread and Flour Regulations 1984” and the words “the Bread and Flour (Scotland) Regulations 1984” in each place where they occur there shall be substituted the words “the Bread and Flour Regulations 1995”.
Revocations
13
1
The Regulations specified in column 1 of Schedule 5 are hereby revoked to the extent specified in column 3 of that Schedule.
2
For the purposes of column 3 of Schedule 5 “the 1984 Regulations ” means the Bread and Flour Regulations 1984 and “the Scottish 1984 Regulations ” means the Bread and Flour (Scotland) Regulations 1984 .
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
7th December 1995
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
3rd December 1995
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
7th December 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
8th December 1995