type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Changes for England (Miscellaneous Provision) Regulations 1995.
2
All regulations except regulations 8 and 9 shall come into force on 1st August 1995 and regulations 8 and 9 shall come into force on 1st April 1996.
3
In these Regulations —
“the 1994 Regulations ” means the Local Government Changes for England Regulations 1994 ;
“existing”, in relation to an area or authority affected by the order, means an area or authority in existence on the date the order is made or, where there is more than one order affecting that area or authority, the date the first of them is made; and
“new”, in relation to an area or authority, means an area or authority established pursuant to the order.
4
Any expression used in these Regulations which is defined for the purposes of the 1994 Regulations shall have the same meaning as it has for those purposes.
Amendment of the 1994 Regulations
2
1
The 1994 Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2 (interpretation) —
a
in paragraph (3), delete the definitions of “transferred area”, “transferee authority” and “transferor authority”;
b
in paragraph (4) —
i
in the definition of “enactment” —
a
for “and a private Act” substitute “, a private Act and”; and
b
delete the words after “1978”; and
ii
after the definition of “head of paid service” , insert —
“relevant provision” means a provision in any enactment made for the purposes or in consequence of the Act or the order;
; and
c
after paragraph (4), add —
5
In these Regulations —
a
any reference to a transferor authority is a reference to a local authority which, by or in consequence of a structural or boundary change (or both such changes) effected by the order, ceases to exercise functions in relation to an area (“transferred area”) on the reorganisation date; and
b
any reference to a transferee authority is a reference to a local authority by which such functions are exercisable in relation to that area on and after that date.
.
3
For regulation 4 (continuity of matters) substitute —
4
1
Anything which, at the reorganisation date, is in process of being done by or in relation to a transferor authority in the exercise of or in connection with any of its functions in relation to a transferred area may be continued by or in relation to the transferee authority.
2
Anything done by or in relation to a transferor authority in the exercise of or in connection with any functions in relation to a transferred area shall, so far as is required for continuing its effect on and after the reorganisation date, have effect as if done by or in relation to the transferee authority.
3
Paragraph (2) applies in particular to —
a
any decision, determination, declaration, designation, agreement or instrument made by a transferor authority;
b
any regulations or byelaws made by such an authority;
c
any licence, permission, consent, approval, authorisation, exemption, dispensation or relaxation granted by or to such an authority;
d
any notice, direction or certificate given by or to such an authority;
e
any application, request, proposal or objection made by or to such an authority;
f
any condition or requirement imposed by or on such an authority;
g
any fee paid by or to such an authority;
h
any appeal allowed by or in favour of or against such an authority; or
i
any proceedings instituted by or against such an authority.
4
Any reference in this regulation to anything done by or in relation to a transferor authority includes a reference to anything which by virtue of any enactment is treated as having been done by or in relation to that authority.
5
So far as is required for giving effect to the provisions of this regulation, any reference in any document to a transferor authority shall be construed as a reference to the transferee authority.
6
The foregoing provisions of this regulation are —
a
without prejudice to any other relevant provision made in respect of any particular functions; and
b
shall not be construed as continuing in force any contract of employment made by a transferor authority.
.
4
In regulation 5 (references in enactments), in paragraph (1), delete the words from “and includes” to “enactment”.
5
In regulation 9 (application of Part), after “(“the authority”)” insert “for an area comprising a transferred area or two or more such areas”.
6
In regulation 11 (functions and powers of the shadow authority) —
a
in paragraph (3), after the entry in the Table relating to section 113 of the 1972 Act, insert —
118 Payment of salary etc. due to mentally disordered person
119 Payments due to deceased officers
;
b
in paragraph (6), in the Table —
i
at the beginning, insert —
Section 70 Restriction on promotion of Bills for changing local government areas etc.
;
ii
after the entry relating to section 106 of the 1972 Act, insert —
Section 114 Security to be taken in relation to officers
;
iii
after the entry relating to section 131 of that Act, insert —
Section 141 Research and the collection of information
; and
iv
after the entry relating to section 151 of that Act, add —
Section 224 Arrangements for custody of documents
Section 225 Deposit of documents with proper officer of authority
Section 232 Public Notices
Section 245 Status of certain districts etc.
; and
c
after paragraph (7), add —
8
Except where the shadow authority is established for an area consisting of a county in which, on and after the reorganisation date, there will be district councils, it shall be treated as a local housing authority for the purposes of section 87(2) and (3) of the Local Government and Housing Act 1989 (determinations and directions).
.
7
Delete regulation 12 (duty of transferor authority to assist shadow authority).
8
In regulation 25 (charter trustees), for paragraph (2) substitute —
2
Any reference in this regulation to “the parish council” is a reference to —
a
in a case described in paragraph (1)(a) or (b) above, the parish council for the parish so described; and
b
in the case described in paragraph 1(c) above, the parish council specified in relation to this sub-paragraph in the order.
.
Amendment of Regulations: property transfer
3
In the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 , in regulation 4 (information for facilitating implementation), in paragraph (6), after “a successor authority”, insert “in paragraph (2)(b) and (4) above,”.
Amendment of Regulations: capital finance
4
1
The Local Government Changes for England (Capital Finance) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 7 (effect of certain capital grants on credit approvals), for “by virtue of regulation 3(1)” substitute “by virtue of regulation 3(2)”.
3
In regulation 15 (PCL of designated authority), in paragraph (2), delete “(1) or (2)”.
4
In regulation 16 (PCL of participant authority), delete “(1) Subject to paragraph (2)”.
Provision to facilitate implementation of orders
5
1
This regulation applies where the order gives effect to one or more structural changes as respects a non-metropolitan county by which the functions of the council of that county in relation to one or more existing districts are transferred, in each case, to the council of the district.
2
During the period beginning with the first date on which any provision of the order comes into force and ending immediately before the reorganisation date —
a
the county council and the district council or councils and their officers shall co-operate with each other, and generally exercise their functions, so as to facilitate the implementation of the order and any other relevant provision;
b
the county council shall furnish each district council with all such information relating to the county council or its functions as the district council may reasonably request for the purpose of implementing the order or any other relevant provision; and
c
subject to paragraph (3) below, each district council may take such steps as appear to it to be necessary for the purpose of preparing for the transfer and exercise of functions which will, on and after the reorganisation date, be exercisable by it by virtue of the order or any other relevant provision.
3
During the period specified in the order as the preliminary period, each district council —
a
shall, in relation to the functions mentioned in paragraph (2)(c) above, make such arrangements for organisation and management and such appointments of officers as are necessary to secure the proper performance of those functions on and after the reorganisation date;
b
shall, at a meeting of the authority, consider a report by the head of its paid service as to whether any such functions could with advantage be discharged by, or jointly with, any other local authority in pursuance of arrangements made under section 101 of the 1972 Act or under any other enactment; and
c
if of that opinion, shall promote the making of such arrangements.
4
Nothing in section 101 of the 1972 Act shall apply to the duty imposed by virtue of paragraph (3)(b) above.
5
Where, during the period specified in the order as the preliminary period, the county council is required by virtue of any enactment to prepare any budgets or plans, or to consult any person, for purposes preliminary to, or connected with, the exercise, on and after the reorganisation date, of any functions in relation to any part of the area of a district council which, on and after that date, are exercisable by that council, the requirement in question shall, subject to any relevant provision, cease to have effect during that period in relation to the county council; and any such requirement shall instead have effect, during that period and for those purposes, in relation to the district council.
Council tax and precepts for financial year beginning on the reorganisation date
6
1
Where an area which is part of an existing district and of a new district ceases, by virtue of the order, to be part of the existing district on the reorganisation date, the councillors for any ward of the existing district wholly comprised in that area shall not participate in the discharge of any of the functions of the council of that district under Chapter III of Part I of the Local Government Finance Act 1992 (setting of council tax) in connection with the financial year beginning on that date.
2
Where, by virtue of the order, the functions of a county council in relation to a district are, on the reorganisation date, transferred to the council of the district, the councillors for any electoral division of the county wholly comprised in the district shall not participate in the discharge of any of the functions of the county council under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) in connection with the financial year beginning on that date.
Change of name: counties without a county council
7
Section 74 of the 1972 Act (change of name of county or district) shall have effect, in relation to the change of name of a county for which there is no county council and in which there is not more than one district, as if the reference in subsection (1) of that section, to the council of a county were a reference to the council of the district.
Sheriffs
8
1
In the Sheriffs Act 1887 —
a
in section 38 (definitions), after the word “requires” insert the following definition —
The expression “county”, in relation to England, means, subject to the provisions of Schedule 2A to this Act, a county for the purposes of the Local Government Act 1972;
; and
b
after Schedule 2 (declaration of sheriff and under sheriff), insert the following Schedule —
SCHEDULE 2A
MEANING OF “COUNTY”
Section 38
For the purposes of this Act, the counties or parts of counties specified in column (2) of the following Table shall be deemed to form one county known by the name specified in respect of those counties or parts in column (1) of the Table —
TABLE
(1) (2)
Durham Durham and Hartlepool and so much of the county of Stockton-on-Tees as lies north of the line for the time being of the centre of the River Tees The East Riding of Yorkshire The East Riding of Yorkshire and Kingston upon Hull (City of) Gloucestershire Gloucestershire and South Gloucestershire Lincolnshire Lincolnshire, North Lincolnshire and North East Lincolnshire North Yorkshire North Yorkshire, Middlesbrough, Redcar and Cleveland and York and so much of the county of Stockton-on-Tees as lies south of the centre for the time being of the river Tees Somerset Somerset, Bath and North East Somerset and North West Somerset
2
In section 219 of the Local Government Act 1972 (sheriffs and under-sheriffs), in subsection (8), after “section” insert ““county” has the same meaning as in the Sheriffs Act 1887 and”.
The lieutenancies
9
In the Reserve Forces Act 1980 , in section 130 (lieutenancies in England and Wales), after subsection (1), insert the following subsection —
1A
For the purposes of the provisions of this Act relating to the lieutenancies in England, “county” shall, subject to the following provisions of this section, have the same meaning as in the Sheriffs Act 1887.
.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
10th July 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as The Olympics Association Right (Infringement Proceedings) Regulations 1995 and shall come into force on 12th January 1996.
2
In these Regulations the expression “the court” shall, unless the context otherwise requires, mean —
a
in England and Wales and Northern Ireland, the High Court, and
b
in Scotland, the Court of Session.
Order for erasure & c. of controlled representations
2
1
Where a person is found to have infringed the Olympics association right the court may make an order requiring him —
a
to cause the offending controlled representation to be erased, removed or obliterated from any infringing goods, material or articles in his possession, custody or control, or
b
if it is not reasonably practicable for the offending controlled representation to be erased, removed or obliterated, to secure the destruction of the infringing goods, material or articles in question.
2
If an order under paragraph (1) above is not complied with, or it appears to the court likely that such an order would not be complied with, the court may order that the infringing goods, material or articles be delivered to such person as the court may direct for erasure, removal or obliteration of the offending controlled representation or for destruction, as the case may be.
Order for delivery up of infringing goods, material or articles
3
1
The proprietor of the Olympics association right may apply to the court for an order for the delivery up to him, or such other person as the court may direct, of any infringing goods, material or articles which a person has in his possession, custody or control in the course of a business.
2
An application shall not be made after the end of the period specified in regulation 4 (period after which remedy of delivery up is not available); and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under regulation 5 (order as to disposal of infringing goods, etc.).
3
A person to whom any infringing goods, material or articles are delivered up in pursuance of an order under this Regulation shall, if an order under regulation 5 is not made, retain them pending the making of an order, or the decision not to make an order, under that regulation.
4
Nothing in this Regulation affects any other power of the court.
Period after which remedy of delivery up is not available
4
1
An application for an order under regulation 3 (order for the delivery up of infringing goods, material or articles) may not be made after the end of the period of six years from —
a
in the case of infringing goods, the date on which the controlled representation was applied to the goods or their packaging,
b
in the case of infringing material, the date on which the controlled representation was applied to the material, or
c
in the case of infringing articles, the date on which they were made,
except as mentioned in the following provision.
2
If during the whole or part of the relevant period in paragraph (1) above the proprietor of the Olympics association right —
a
is under a disability, or
b
is prevented by fraud or concealment from discovering the facts entitling him to apply for an order,
an application may be made at any time before the end of the period of six years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts.
3
In paragraph (2) “disability” —
a
in England and Wales, has the same meaning as in the Limitation Act 1980 ,
b
in Scotland, means legal disability within the meaning of the Prescription and Limitation (Scotland) Act 1973 ,
c
in Northern Ireland, has the same meaning as in the Limitation (Northern Ireland) Order 1989 .
Order as to the disposal of infringing goods, material or articles etc.
5
1
Where infringing goods, material or articles have been delivered up in pursuance of an order under regulation 3, an application may be made to the court —
a
for an order that they be destroyed or forfeited to such person as the court may think fit, or
b
for a decision that no such order should be made.
2
In considering what order (if any) should be made, the court shall consider whether other remedies available in an action for infringement of the Olympics association right would be adequate to compensate the proprietor and any licensee and protect their interests.
3
Provision shall be made by rules of court as to the service of notice on persons having an interest in the goods, material or articles, and any such person is entitled —
a
to appear in proceedings for an order under this regulation, whether or not he was served with notice, and
b
to appeal against any order made, whether or not he appeared,
and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.
4
Where there is more than one person interested in the goods, material or articles, the court shall make such order as it thinks just.
5
If the court decides that no order should be made under this Regulation, the person in whose possession, custody or control the goods, material or articles were before being delivered up is entitled to their return.
6
References in this Regulation to a person having interest in goods, material or articles include any person in whose favour an order could be made under this Regulation or under section 114, 204 or 231 of the Copyright, Designs and Patents Act 1988 (which make similar provision in relation to infringement of copyright, rights in performances and design right).
Jurisdiction of sheriff court or county court in Northern Ireland
6
Proceedings for an order under regulation 3 (order for delivery up of infringing goods, material or articles) or regulation 5 (order as to disposal of infringing goods, etc.) may be brought —
a
in the sheriff court in Scotland, or
b
in a county court in Northern Ireland.
This does not affect the jurisdiction of the Court of Session or the High Court in Northern Ireland.
Michael Forsyth
Secretary of State for Scotland
18th December 1995
Virginia Bottomley
Secretary of State for National Heritage
20th December 1995


text:
Citation and interpretation
1
1
This Order may be cited as the Coal Industry Act 1994 (Commencement No. 4) Order 1995.
2
In this Order “ the Act ” means the Coal Industry Act 1994.
Provision coming into force on 31st January 1995
2
Section 24 of the Act shall come into force on 31st January 1995.
Charles Wardle
Parliamentary Under Secretary for Industry and Energy,
Department of Trade and Industry
23rd January 1995


text:
1
This Order may be cited as the Coal Industry Act 1994 (British Coal Corporation) Extinguishment of Loans Order 1995 and shall come into force on 25th March 1995.
2
The liabilities of the British Coal Corporation to make repayments of capital of £1,598,400,000 and payments of interest of £34,466,803 in respect of sums lent to it out of money provided by Parliament pursuant to section 2 of the Coal Industry Act 1980 are hereby extinguished.
Richard Page
Parliamentary Under Secretary for Industry and Energy,
Department of Trade and Industry
22nd February 1995
We consent,
Derek Conway
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
27th February 1995


text:
Commencement and citation
1
This Order may be cited as the A406 Trunk Road (Newham, Redbridge and Barking and Dagenham) Red Route (Clearway) Traffic Order 1995, and shall come into force on 25th September 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the end of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, The A406 Trunk Road (South Woodford to Barking Relief Road, Redbridge, Newham, Barking and Dagenham) (Prescribed Routes) Order 1989 [Article 6 only] is hereby revovked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in The A406 Trunk Road (South Woodford to Barking Relief Road, Redbridge, Newham, Barking and Dagenham) (Precribed Routes) order 1989 [Article 6 only] only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport
Derek Turner
Traffic Director for London
22nd September 1995


text:
1
This Order may be cited as the Prisoners (Return to Custody) Act 1995 (Commencement) Order 1995.
2
The Prisoners (Return to Custody) Act 1995 shall come into force on 5th September 1995.
Home Office
Mishael Howard
One of Her Majesty’s Principal Secretaries of State
28th July 1995


text:
Title and commencement
1
This Order may be cited as the Animal Health Orders (Divisional Veterinary Manager Amendment) Order 1995 and shall come into force on 1st December 1995.
Interpretation
2
Except where the context otherwise requires, any reference in this Order to a numbered article, Schedule or Part of a Schedule is a reference to the article, Schedule or Part bearing that number in this Order.
Amendments relating to the “Divisional Veterinary Manager”
3
In the Orders specified in columns 1 and 2 of Parts I, II and III of Schedule 1, in the provisions specified in column 3 in each of those Parts, for the words: —
a
“Divisional Veterinary Officer”; and
b
in the case of paragraph 1 of Part I of Schedule 1, “divisional veterinary officer”,
in each place where they occur there shall be substituted the words “Divisional Veterinary Manager”.
4
In the Orders specified in columns 1 and 2 of Schedule 2, in the provisions specified in column 3, for the words “Divisional Veterinary Inspector” or “divisional veterinary inspector” in each place where they occur there shall be substituted the words “Divisional Veterinary Manager”.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
8th November 1995
Raymond Robertson
Parliamentary Under Secretary of State, Scottish Office
13th November 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
13th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Queen Victoria Hospital National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 9th January 1996.
2
In this Order —
“the Authority” means the West Kent Health Authority;
“the Trust” means the Queen 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 11th October 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th January 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
14th December 1995


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Spain) Order 1995.
2
It is hereby declared —
a
that the arrangements specified in the Exchange of Notes set out in the Schedule to this Order, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Spain) Order 1976 , have been made with the Government of Spain 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 Spain; and
b
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
Commencement and citation
1
This Order may be cited as the A3 Trunk Road (Wandsworth) Red Route (Clearway) Experimental Traffic Order 1995, and shall come into force on 21st March 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
The controls specified in paragraph (1) of this article do not apply in respect of any area of the trunk road red route clearway specified in schedule 2.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 3C.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3D during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3E during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3F during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 4A and 4B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3B during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 4A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, The Wandsworth (Waiting and Loading Restrictions) Order 1976 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in The Wandsworth (Waiting and Loading Restrictions) Order 1976 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
14th February 1995


text:
Citation and commencement
1
This Order may be cited as the Approval of Codes of Management Practice (Residential Property) (No. 2) Order 1995 and shall come into force on 1st January 1996.
Approval of code of practice
2
“The Association of Retirement Housing Managers' Code of Practice for the Management of Leasehold Sheltered Housing”, which was submitted for approval on 17th August 1995 by the Association of Retirement Housing Managers, to be published by that body and to be printed by RAP Limited, 201 Spotland Road, Rochdale, Lancs., OL12 7AF ( ISBN 0 – 9526691 – 0 – 2) is approved.
Transitional provision
3
Article 2 does not apply for the purposes of section 87(7)(a) and (b) of the Leasehold Reform, Housing and Urban Development Act 1993 (use of code in proceedings) in relation to an act or omission occurring before this Order comes into force.
Revocation of order
4
The Approval of Codes of Management Practice (Residential Property) Order 1995 is revoked .
James Clappison
Parliamentary Under-Secretary of State,
Department of the Environment
29th November 1995
William Hague
Secretary of State for Wales
5th December 1995


text:
1
This Order may be cited as the Child Abduction and Custody (Parties in Conventions) (Amendment) (No. 2) Order 1995, and shall come into force on 1st May 1995.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 6) Order 1994 is revoked.
3
The Child Abduction and Custody (Parties to Conventions) Order 1993 is amended by deleting the Schedule and substituting therefor the following —
SCHEDULE
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25TH OCTOBER 1980
Article 2
Contracting States to the Convention Territories specified in Declarations under Articles 39 or 40 of the Convention Date of Coming into force as between the United Kingdom and the State or Territory
The Bahamas — 1st January 1994 Bosnia and Herzegovina — 7th April 1992 Chile — 1st May 1994 Croatia — 1st December 1991 Cyprus — 1st February 1995 Finland — 1st August 1994 Honduras — 1st March 1994 Italy — 1st May 1995 Macedonia — 1st December 1991 Panama — 1st May 1994 Slovenia — 1st June 1994 St. Kitts and Nevis — 1st August 1994
N. H. Nicholls
Clerk of the Privy Council


text:
1
1
These Regulations may be cited as the Inheritance Tax (Delivery of Accounts) Regulations 1995 and shall come into force on 1st July 1995.
2
These Regulations do not extend to Scotland or Northern Ireland.
2
In regulation 3 of the Capital Transfer Tax (Delivery of Accounts) Regulations 1981 —
a
in paragraph (b) of the definition of “an excepted estate” for “£125,000” there shall be substituted “£145,000”;
b
in paragraph (d) of that definition for “1st April 1991” there shall be substituted “6th April 1995”.
S C T Matheson
G H Bush
Two of the Commissioners of Inland Revenue
7th June 1995


text:
Citation and commencement
1
These Regulations may be cited as the Council Tax (Liability for Owners and Additional Provisions for Discount Disregards) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.
Liability for Owners — Houses in multiple occupation
2
In regulation 2 of the Council Tax (Liability for Owners) Regulations 1992 in Class C, at the end of paragraph (a), for “and” substitute “or”.
Liability for Owners — Ministers of religion
3
In regulation 3 of the Council Tax (Liability for Owners) Regulations 1992, after “Church of England is” omit“both” and after “owner of the dwelling” insert “and is in receipt of a stipend”.
Discount Disregards — Spouses of students
4
In regulation 3 of the Council Tax (Additional Provisions for Discount Disregards) Regulations 1992 , at the end insert —
Class E a person who is —
the spouse or dependant of a student within the meaning of paragraph 4 of Schedule 1 to the Act; and
not a British citizen and who is prevented, by the terms of his leave to enter or remain in the United Kingdom, from taking paid employment or from claiming benefits..
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
7th March 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State for Wales
7th March 1995


text:
1
The Somerset County Council (Bridgwater Northern Distributor Road Bridge)Scheme 1992 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at The Department of Transport, 43 Marsham Street, London SW1P 3PY and at of fi ces of the Somerset County Council, County Hall, Taunton (Room A132), and Sedgemoor District Council, Bridgwater House, King Square, Bridgwater.
3
The Scheme will become operative on the date on which notice that it has been con fi rmed is |fi rst published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the Somerset County Council (Bridgwater Northern Distributor Road Bridge) Scheme 1992 Confirmation Instrument 1995.
Signed by authority of the Secretary of State for Transport.
Pamela Denham
Regional Director
Government Of fi ce for the North East
1st February 1995


text:
Preliminary
Citation, commencement and effect
1
These Regulations may be cited as the Insurance Companies (Overseas Life Assurance Business) (Compliance) Regulations 1995, shall come into force on 2nd January 1996, and shall have effect in relation to accounting periods beginning on or after 1st November 1994.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“basic life assurance and general annuity business” has the meaning given by section 431F ;
“beneficiary” shall be construed in accordance with section 431D(6)(b) ;
“the Board” means the Commissioners of Inland Revenue;
“branch” includes agency;
“life reinsurance business” has the meaning given by section 431C ;
“pension business” has the meaning given by section 431B ;
“policy holder” includes annuitant;
“relevant business” means —
in the case of an overseas life insurance company, life assurance business carried on through a branch or agency in the United Kingdom which is neither pension business nor life reinsurance business, or
in any other case, life assurance business which is neither pension business nor life reinsurance business;
“relevant policy” means any policy or contract, or any underlying policy, which has at any time been treated as relating to overseas life assurance business;
“relevant record” means —
any certificate, declaration, undertaking or other document which in these Regulations is either prescribed or specified, or
any other document relating to a relevant policy;
“settlor” shall be construed in accordance with section 431D(6)(a);
“underlying policy” means a policy or contract any risk arising from which is reinsured by a reinsurer in a reinsurance arrangement, and “underlying policy holder” shall be construed accordingly.
2
Subject to paragraph (3) below, in any case where the obligations under any policy or contract of the body that issued, entered into or effected it (“the original insurer”) are at any time the obligations of another body (“the transferee”) to whom there has been a transfer of the whole or any part of a business previously carried on by the original insurer, any reference to an insurance company (however expressed) shall, unless the context otherwise requires, include the transferee.
3
Paragraph (2) above does not apply to regulations 5 to 7, 9, 10 or 21 to 23.
4
In these Regulations any reference to a particular provision, without more, is a reference to that provision of the Income and Corporation Taxes Act 1988.
Meaning of specified event
3
1
For the purposes of these Regulations, “specified event”, in relation to a policy or contract, means any of the following —
a
any illness, accident, infirmity or death giving rise to benefits under the policy or contract,
b
the maturity of the policy or contract,
c
the surrender in whole, or the assignment in whole, of the rights conferred by the policy or contract,
d
a surrender in part of the rights conferred by the policy or contract (“the relevant surrender”) as a result of which, for the first time, the total amount of the payments made by reason of the relevant surrender and of any previous surrender in part exceeds 60 per cent. of the premiums paid before the happening of the relevant surrender,
e
an assignment of a share in the rights conferred by the policy or contract (“the relevant assignment”) as a result of which, for the first time, the value of the rights under the policy or contract which have not been the subject of any assignment is less than half the value of the rights which the policy would have had if there had been neither the relevant assignment nor any previous assignment of a share in the rights conferred by the policy or contract, and
f
the coming into payment of an annuity other than an immediate annuity.
2
In paragraph (1)(f) above “immediate annuity” means an annuity —
a
where a payment to an annuitant under the annuity contract is made no later than twelve months after the date the annuity contract was made, and
b
which has no surrender value.
Business which is overseas life assurance business
General
4
In the circumstances prescribed in regulations 5 to 11, any issue as to whether business is overseas life assurance business shall be determined by reference to the matters prescribed in those regulations.
Business other than reinsurance business effected by a company resident in the United Kingdom outside the United Kingdom
5
1
This regulation applies in circumstances where —
a
an insurance company has entered into relevant business which is not reinsurance business,
b
that business is with a policy holder not residing in the United Kingdom,
c
the policy or contract for that business was effected by an insurance company resident in the United Kingdom at or through a branch outside the United Kingdom, and
d
the policy or contract was made on or after 1st January 1996.
2
The business shall be overseas life assurance business where the insurance company —
a
in a case where the policy holder is an individual, completes the certificate prescribed in paragraph (3) below, or
b
in a case where the policy holder is not an individual, completes the certificate prescribed in paragraph (4) below.
3
The certificate prescribed is a certificate —
a
showing the date on which it is given,
b
stating the name of the policy holder,
c
stating any unique identifying designation given to the policy or contract,
d
stating the territory in which the branch is situated,
e
stating that the company has no knowledge of any information making it reasonable for the company to assume that the policy holder was residing in the United Kingdom at the time the policy or contract was made,
f
stating that to the best of the company’s knowledge and belief the policy or contract is not one to which section 431D(2) applies,
g
where the policy or contract is one to which section 431D(2) does not apply solely by virtue of section 431D(5), stating that to the best of the company’s knowledge and belief the conditions specified in section 431D(5) are fulfilled, and
h
where the company makes the statement mentioned in sub-paragraph (g) above, stating that the company is in possession of information enabling it to make that statement, and stating the nature of that information.
4
The certificate prescribed is a certificate —
a
showing the date on which it is given,
b
stating the name of the policy holder,
c
stating any unique identifying designation given to the policy or contract,
d
stating the territory in which the branch is situated,
e
stating that the company has no knowledge of any information making it reasonable for the company to assume that the policy holder was residing in the United Kingdom at the time the policy or contract was made,
f
stating that to the best of the company’s knowledge and belief the policy or contract is one to which either subsection (5) or subsection (7) of section 431D applies,
g
stating that to the best of the company’s knowledge and belief the conditions specified in either subsection (5) or subsection (7) of section 431D, as the case may be, are fulfilled, and
h
stating that the company is in possession of information enabling it to make the statement mentioned in sub-paragraph (g) above, and stating the nature of that information.
5
A certificate under this regulation shall be given by an employee of the insurance company, and shall show the name of that employee and his position within the company.
6
Paragraph (7) below applies in any case where —
a
policies or contracts for business to which this regulation applies were effected at or through a particular branch outside the United Kingdom, and
b
those policies or contracts were effected by an insurance company within the same accounting period.
7
The insurance company may —
a
combine a certificate under paragraph (3) above with another certificate under paragraph (3) above in a single document, or
b
combine a certificate under paragraph (4) above with another certificate under paragraph (4) above in a single document;
but a certificate under paragraph (3) above shall not be combined with a certificate under paragraph (4) above in a single document.
8
The insurance company shall complete the certificate prescribed in this regulation within three months following the end of the insurance company’s accounting period in which the policy or contract was made.
Business other than reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company — policies or contracts made before 1st January 1996
6
1
This regulation applies in circumstances where —
a
an insurance company has entered into relevant business which is not reinsurance business,
b
that business is with a policy holder not residing in the United Kingdom,
c
the policy or contract for that business was effected either by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company, and
d
the policy or contract was made before 1st January 1996.
2
The business shall be overseas life assurance business where the insurance company completes —
a
the certificate prescribed in paragraph (3) below, and
b
the declaration prescribed —
i
in a case where the policy holder is an individual, in paragraph (4) below, or
ii
in a case where the policy holder is not an individual, in paragraph (5) below.
3
The certificate prescribed is a certificate —
a
stating that to the best of the company’s knowledge and belief the policy holder was not residing in the United Kingdom on the date the policy or contract was made, and
b
specifying the territory in which to the best of the company’s knowledge and belief the policy holder was residing on that date.
4
The declaration prescribed is a declaration that to the best of the company’s knowledge and belief —
a
the policy or contract is not one to which section 431D(2) applies, and
b
where the policy or contract is one to which section 431D(2) does not apply solely by virtue of section 431D(5), that the conditions specified in section 431D(5) are fulfilled.
5
The declaration prescribed is a declaration that to the best of the company’s knowledge and belief —
a
the policy or contract is one to which subsection (5) of section 431D applies and that the conditions specified in that subsection are fulfilled, or
b
the policy or contract is one to which subsection (7) of section 431D applies and that the conditions specified in that subsection are fulfilled.
6
A certificate or declaration under this regulation shall be given by an employee of the insurance company, and shall show the name of that employee and his position within the company.
7
The insurance company shall complete any certificate or declaration prescribed in this regulation either within six months following the end of the insurance company’s accounting period in which the policy or contract was made, or by 1st March 1996, whichever is the later.
Business other than reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company — policies or contracts made on or after 1st January 1996
7
1
This regulation applies in circumstances where —
a
an insurance company has entered into relevant business which is not reinsurance business,
b
that business is with a policy holder not residing in the United Kingdom,
c
the policy or contract for that business was effected either by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company, and
d
the policy or contract was made on or after 1st January 1996.
2
The business shall be overseas life assurance business where the insurance company obtains —
a
the document prescribed in paragraph (3) below from the policy holder, and
b
in any case where section 431D(5) applies and the policy or contract is held otherwise than by the trustees of the trust, the certificate prescribed in paragraph (8) below from the trustees of the trust.
3
The document prescribed is a document containing —
a
the certificate prescribed in paragraph (4) below,
b
the declaration prescribed —
i
in a case where the policy holder is an individual, in paragraph (5) below, or
ii
in a case where the policy holder is not an individual, in paragraph (6) below, and
c
the undertaking prescribed in paragraph (7) below.
4
The certificate prescribed is a certificate —
a
stating that the policy holder was not residing in the United Kingdom on the date the policy or contract was made, and
b
specifying the territory in which the policy holder was residing on that date.
5
The declaration prescribed is a declaration —
a
that the policy or contract is not one to which section 431D(2) applies, and
b
where the policy or contract is one to which section 431D(2) does not apply solely by virtue of section 431D(5), that the conditions specified in section 431D(5) are fulfilled.
6
The declaration prescribed is a declaration —
a
that the policy or contract is one to which subsection (5) of section 431D applies and that the conditions specified in that subsection are fulfilled, or
b
that the policy or contract is one to which subsection (7) of section 431D applies and that the conditions specified in that subsection are fulfilled.
7
The undertaking prescribed is an undertaking that the policy holder will notify the company if —
a
the policy holder begins residing in the United Kingdom, or
b
the rights conferred by the policy or contract come to be held subject to a trust, or
c
the declaration prescribed in paragraph (5) or (6) above, as the case may be, ceases to be true.
8
The certificate prescribed is a certificate stating that —
a
the settlor does not reside in the United Kingdom, and
b
each beneficiary is a person within section 431D(5)(c).
9
The insurance company shall obtain the document prescribed in paragraph (3) above and, in any case where section 431D(5) applies and the policy or contract is held otherwise than by the trustees of the trust, the certificate prescribed in paragraph (8) above, within six months following the end of the insurance company’s accounting period in which the policy or contract was made.
Certain business other than reinsurance business where the company comes into possession of additional information
8
1
This regulation applies in circumstances where —
a
an insurance company has entered into relevant business which is not reinsurance business,
b
that business is with a policy holder not residing in the United Kingdom,
c
the policy or contract for that business was effected either by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company, and
d
the insurance company comes to be in possession of information making it reasonable for the company to assume either that there has been a change in the identity of the policy holder or that the policy holder has ceased to be beneficially entitled to the rights conferred by the policy or contract.
2
The business shall continue to be overseas life assurance business where the insurance company obtains —
a
the document prescribed in paragraph (3) below from the policy holder, and
b
in any case where section 431D(5) applies, the certificate prescribed in paragraph (8) below from the trustees of the trust.
3
The document prescribed is a document containing —
a
the certificate prescribed in paragraph (4) below,
b
the declaration prescribed —
i
in a case where the policy holder is an individual, in paragraph (5) below, or
ii
in a case where the policy holder is not an individual, in paragraph (6) below, and
c
the undertaking prescribed in paragraph (7) below.
4
The certificate prescribed is a certificate —
a
stating that the policy holder was not residing in the United Kingdom —
i
in a case where it is reasonable for the company to assume that there has been a change in the identity of the policy holder, on the date he became the policy holder, or
ii
in a case where it is reasonable for the company to assume that the policy holder has ceased to be beneficially entitled to the rights conferred by the policy or contract, on the date on which he ceased to be beneficially entitled to those rights, and
b
specifying the territory in which the policy holder was residing on that date.
5
The declaration prescribed is a declaration —
a
that the policy or contract is not one to which section 431D(2) applies, and
b
where the policy or contract is one to which section 431D(2) does not apply solely by virtue of section 431D(5), that the conditions specified in section 431D(5) are fulfilled.
6
The declaration prescribed is a declaration —
a
that the policy or contract is one to which subsection (5) of section 431D applies and that the conditions specified in that subsection are fulfilled, or
b
that the policy or contract is one to which subsection (7) of section 431D applies and that the conditions specified in that subsection are fulfilled.
7
The undertaking prescribed is an undertaking that the policy holder will notify the company if —
a
the policy holder begins residing in the United Kingdom, or
b
the rights conferred by the policy or contract come to be held subject to a trust, or
c
the declaration prescribed in paragraph (5) or (6) above, as the case may be, ceases to be true.
8
The certificate prescribed is a certificate stating that —
a
the settlor does not reside in the United Kingdom, and
b
each beneficiary is a person within section 431D(5)(c).
9
The insurance company shall obtain the document prescribed in paragraph (3) above and, in any case where section 431D(5) applies, the certificate prescribed in paragraph (8) above, within six months after the insurance company comes to be in possession of information making it reasonable for the company to assume that there has been a change in the identity of the policy holder or that the policy holder has ceased to be beneficially entitled to the rights conferred by the policy or contract, as the case may be.
Reinsurance of business effected by a company resident in the United Kingdom outside the United Kingdom
9
1
This regulation applies in circumstances where —
a
an insurance company has entered into relevant business,
b
that business is reinsurance of life assurance business with a policy holder not residing in the United Kingdom,
c
the underlying policy in relation to that business was effected by an insurance company resident in the United Kingdom at or through a branch outside the United Kingdom, and
d
the underlying policy in relation to that business was made on or after 1st January 1996.
2
The business shall be overseas life assurance business where the insurance company obtains from the cedant company —
a
the certificate prescribed in paragraph (3) below, and
b
the undertaking prescribed in paragraph (4) below.
3
The certificate prescribed is a certificate that the cedant company has complied with the requirements of regulation 5(2).
4
The undertaking prescribed is an undertaking that the cedant company will notify the insurance company if the cedant company comes to be in possession of information making it reasonable for the cedant company to assume that —
a
any part of the certificate prescribed in paragraph (3) or (4) of regulation 5, as the case may be, has ceased to be true, or
b
the underlying policy in relation to the business has ceased to be life assurance business with a policy holder who was not residing in the United Kingdom at the time the policy or contract was made or at any time within six months thereafter, or
c
the underlying policy holder, not being the person with whom the policy or contract was originally effected, was residing in the United Kingdom at the time the underlying policy was made or at any time thereafter.
5
The insurance company shall obtain the certificate prescribed in paragraph (3) above and the undertaking prescribed in paragraph (4) above within —
a
eight months following the end of the cedant company’s accounting period in which the underlying policy was made, or
b
three months following the making of the reinsurance arrangement,
whichever is the later.
Reinsurance of business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company
10
1
This regulation applies in circumstances where —
a
an insurance company has entered into relevant business,
b
that business is reinsurance of life assurance business with a policy holder not residing in the United Kingdom,
c
the underlying policy in relation to that business was effected either by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company, and
d
the underlying policy in relation to that business was made on or after 1st January 1996.
2
The business shall be overseas life assurance business where the insurance company obtains from the cedant company —
a
the certificate prescribed in paragraph (3) below, and
b
the undertaking prescribed in paragraph (4) below.
3
The certificate prescribed is a certificate that the cedant company either —
a
has completed the certificate prescribed in regulation 6(3) and, in any case where section 431D(5) applies, the certificate prescribed in regulation 6(4), or
b
has obtained the document prescribed in regulation 7(3) from the underlying policy holder and, in any case where section 431D(5) applies and the policy or contract is held otherwise than by the trustees of the trust, the certificate prescribed in regulation 7(8) from the trustees of the trust,
within six months following the end of the cedant company’s accounting period in which the underlying policy was made.
4
The undertaking prescribed is an undertaking that the cedant company will notify the insurance company if the cedant company comes to be in possession of information making it reasonable for the cedant company to assume that —
a
any part of the certificate prescribed in regulation 6(3) or any part of the declarations prescribed in paragraphs (4) and (5) of regulation 6 or, as the case may be, any part of the document prescribed in regulation 7(3) has ceased to be true, or
b
in any case where section 431D(5) applies and the policy or contract is held otherwise than by the trustees of the trust, any part of the certificate prescribed in regulation 7(8) has ceased to be true, or
c
the underlying policy in relation to the business has ceased to be life assurance business with a policy holder who was not residing in the United Kingdom at the time the policy or contract was made or at any time within six months thereafter, or
d
the underlying policy holder, not being the person with whom the policy or contract was originally effected, was residing in the United Kingdom at the time the underlying policy was made or at any time thereafter.
5
The insurance company shall obtain the certificate prescribed in paragraph (3) above and the undertaking prescribed in paragraph (4) above within —
a
nine months following the end of the cedant company’s accounting period in which the underlying policy was made, or
b
three months following the making of the reinsurance arrangement,
whichever is the later.
Certain reinsurance business where the company comes into possession of additional information
11
1
This regulation applies in circumstances where —
a
an insurance company has entered into relevant business,
b
that business is reinsurance of life assurance business with a policy holder not residing in the United Kingdom,
c
the underlying policy in relation to that business was effected by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company, and
d
the insurance company comes to be in possession of information making it reasonable for the company to assume either that there has been a change in the identity of the underlying policy holder or that the underlying policy holder has ceased to be beneficially entitled to the rights conferred by the policy or contract.
2
The business shall continue to be overseas life assurance business where the insurance company obtains from the cedant company —
a
the certificate prescribed in paragraph (3) below, and
b
the undertaking prescribed in paragraph (4) below.
3
The certificate prescribed is a certificate that the cedant company has obtained the document prescribed in regulation 8(3) from the policy holder and, in any case where section 431D(5) applies, the certificate prescribed in regulation 8(8) from the trustees of the trust, within six months after the cedant company came to be in possession of information making it reasonable for the cedant company to assume that there had been a change in the identity of the policy holder or that the policy holder had ceased to be beneficially entitled to the rights conferred by the policy or contract, as the case may be.
4
The undertaking prescribed is an undertaking that the cedant company will notify the insurance company if the cedant company comes to be in possession of information making it reasonable for the cedant company to assume that —
a
any part of the document prescribed in regulation 8(3) has ceased to be true, or
b
in any case where section 431D(5) applies, any part of the certificate prescribed in regulation 8(8) has ceased to be true, or
c
the underlying policy in relation to the business has ceased to be life assurance business with a policy holder not residing in the United Kingdom.
5
The insurance company shall obtain the certificate prescribed in paragraph (3) above and the undertaking prescribed in paragraph (4) above within —
a
six months following the end of the cedant company’s accounting period in which there was a change in the identity of the policy holder or the policy holder ceased to be beneficially entitled to the rights conferred by the policy or contract, as the case may be, or
b
three months following the making of the reinsurance arrangement,
whichever is the later.
Territories in which policy holders residing
General
12
In the circumstances prescribed in regulations 13 to 16, any issue as to whether a policy holder is residing in the United Kingdom or in some other territory shall be determined by reference to the matters prescribed in those regulations.
Business other than reinsurance business effected by a company resident in the United Kingdom outside the United Kingdom
13
1
This regulation applies in circumstances where —
a
an insurance company has entered into relevant business which is not reinsurance business, and
b
the policy or contract for that business was effected by an insurance company resident in the United Kingdom at or through a branch outside the United Kingdom.
2
Subject to paragraph (3) below, the territory in which the policy holder was residing at the time the policy or contract was made shall be the territory in which the branch was situated.
3
Where, at the time the policy or contract was made or at any time within twelve months thereafter, the company was in possession of information making it reasonable for the company to assume that the policy holder was residing in the United Kingdom at the time the policy or contract was made or at any time within six months thereafter, the territory in which the policy holder was residing at the time the policy or contract was made shall be the United Kingdom.
4
Where, pursuant to paragraph (2) or (3) above, a policy holder has been treated as residing in a particular territory at the time the policy or contract was made, the territory in which the policy holder is residing at any time thereafter shall, subject to paragraph (5) below, be that same territory.
5
Subject to paragraph (3) above, where at any time after the policy or contract was made the company comes to be in possession of information making it reasonable for the company to assume that the policy holder, not being the person with whom the policy or contract was originally effected, was residing in the United Kingdom at the time he became the policy holder or at any time thereafter, the territory in which the policy holder is residing shall, from the date on which it is reasonable for the company so to assume, be the United Kingdom.
Business other than reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company
14
1
This regulation applies in circumstances where —
a
an insurance company has entered into relevant business which is not reinsurance business, and
b
the policy or contract for that business was effected either by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company.
2
Subject to paragraph (3) below, the territory in which the policy holder was residing at the time the policy or contract was made shall be the territory specified in the certificate prescribed in regulation 6(3) or, as the case may be, 7(4).
3
Where, at the time the policy or contract was made or at any time within twelve months thereafter, the company was in possession of information making it reasonable for the company to assume that the policy holder was residing in the United Kingdom at the time the policy or contract was made or at any time within six months thereafter, the territory in which the policy holder was residing at the time the policy or contract was made shall be the United Kingdom.
4
Where, pursuant to paragraph (2) or (3) above, a policy holder has been treated as residing in a particular territory at the time the policy or contract was made, the territory in which the policy holder is residing at any time thereafter shall, subject to paragraph (5) below, be that same territory.
5
Subject to paragraph (3) above, where at any time after the policy or contract was made the company comes to be in possession of information making it reasonable for the company to assume that the policy holder, not being the person with whom the policy or contract was originally effected, was residing in the United Kingdom at the time he became the policy holder or at any time thereafter, the territory in which the policy holder is residing shall, from the date on which it is reasonable for the company so to assume, be the United Kingdom.
Reinsurance business effected by a company resident in the United Kingdom outside the United Kingdom
15
1
This regulation applies in circumstances where —
a
an insurance company has entered into relevant business which is reinsurance business, and
b
the underlying policy in relation to that business was effected by an insurance company resident in the United Kingdom at or through a branch outside the United Kingdom.
2
Subject to paragraph (3) below, the territory in which the underlying policy holder was residing at the time the underlying policy was made shall be the territory in which the branch was situated.
3
Where, at the time the underlying policy was made or at any time within twelve months thereafter, the company was in possession of information making it reasonable for the company to assume that the underlying policy holder was residing in the United Kingdom at the time the underlying policy was made or at any time within six months thereafter, the territory in which the underlying policy holder was residing at the time the underlying policy was made shall be the United Kingdom.
4
Where, pursuant to paragraph (2) or (3) above, an underlying policy holder has been treated as residing in a particular territory at the time the underlying policy was made, the territory in which the underlying policy holder is residing at any time thereafter shall, subject to paragraph (5) below, be that same territory.
5
Subject to paragraph (3) above, where at any time after the underlying policy was made the company comes to be in possession of information making it reasonable for the company to assume that the underlying policy holder, not being the person with whom the policy or contract was originally effected, was residing in the United Kingdom at the time he became the underlying policy holder or at any time thereafter, the territory in which the underlying policy holder is residing shall, from the date on which it is reasonable for the company so to assume, be the United Kingdom.
Reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company
16
1
This regulation applies in circumstances where —
a
an insurance company has entered into relevant business which is reinsurance business, and
b
the underlying policy in relation to that business was effected either by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company.
2
Subject to paragraph (3) below, the territory in which the underlying policy holder was residing at the time the underlying policy was made shall be the territory specified in the certificate prescribed in regulation 6(3) or, as the case may be, 7(4).
3
Where, at the time the underlying policy was made or at any time within twelve months thereafter, the company was in possession of information making it reasonable for the company to assume that the underlying policy holder was residing in the United Kingdom at the time the underlying policy was made or at any time within six months thereafter, the territory in which the underlying policy holder was residing at the time the underlying policy was made shall be the United Kingdom.
4
Where, pursuant to paragraph (2) or (3) above, an underlying policy holder has been treated as residing in a particular territory at the time the underlying policy was made, the territory in which the underlying policy holder is residing at any time thereafter shall, subject to paragraph (5) below, be that same territory.
5
Subject to paragraph (3) above, where at any time after the underlying policy was made the company comes to be in possession of information making it reasonable for the company to assume that the underlying policy holder, not being the person with whom the policy or contract was originally effected, was residing in the United Kingdom at the time he became the underlying policy holder or at any time thereafter, the territory in which the underlying policy holder is residing shall, from the date on which it is reasonable for the company so to assume, be the United Kingdom.
Certificates to be obtained on the happening of specified events
Business other than reinsurance business effected either by a company resident in the United Kingdom otherwise than outside the United Kingdom or by an overseas life insurance company
17
1
This regulation applies in any case where —
a
an insurance company has entered into relevant business which is not reinsurance business,
b
that business is with a policy holder not residing in the United Kingdom,
c
the policy or contract for that business was effected either by an insurance company resident in the United Kingdom otherwise than at or through a branch outside the United Kingdom, or by an overseas life insurance company, and
d
a specified event (“the relevant specified event”) happens on or after 1st January 1996.
2
In any case where the rights conferred by the policy or contract are held subject to a trust, the insurance company shall obtain the certificate specified in paragraph (3) below or, as the case may be, paragraph (4) below from the trustees of the trust; and in any other case the insurance company shall obtain the certificate specified in paragraph (5) below or, as the case may be, paragraph (6) below from the policy holder (or his personal representative).
3
The certificate specified is a certificate that neither the settlor nor any beneficiary was residing in the United Kingdom during any part of the period from the opening date until the happening of the relevant specified event.
4
The certificate specified is a certificate —
a
that a relevant person was residing in the United Kingdom during a part or all of the period from the opening date until the happening of the relevant specified event,
b
giving the name and address of each relevant person who was so residing, and
c
stating the period when that person was so residing.
5
The certificate specified is a certificate that the policy holder was not residing in the United Kingdom during any part of the period from the opening date until the happening of the relevant specified event.
6
The certificate specified is a certificate —
a
that the policy holder was residing in the United Kingdom during a part or all of the period from the opening date until the happening of the relevant specified event,
b
giving the name and address of the policy holder, and
c
stating the period when the policy holder was so residing.
7
The insurance company shall obtain the certificate required by this regulation —
a
in a case where the relevant specified event is a death or an assignment, within six months of the company’s receiving written notification of that event, or
b
in any other case, within six months of the happening of the relevant specified event.
8
In this regulation —
a
the “opening date” means —
i
in any case where a specified event has previously happened, the date of the happening of the last specified event, or
ii
in any other case, the date on which the policy or contract was made;
b
a “relevant person” means the settlor or any beneficiary.
Sanctions
Reclassification of policy or contract from date when it was effected
18
1
Subject to paragraph (2) below, this regulation applies in any case where an insurance company —
a
treats a policy or contract as relating to overseas life assurance business —
i
in the circumstances prescribed in regulation 6(1) where the insurance company has not completed the certificate prescribed in regulation 6(3) or one of the declarations prescribed in paragraphs (4) and (5) of regulation 6 within the period limited in regulation 6(7), or
ii
in the circumstances prescribed in regulation 7(1) where the insurance company has not obtained the document prescribed in regulation 7(3) or, in any case where section 431D(5) applies and the policy or contract is held otherwise than by the trustees of the trust, the certificate prescribed in regulation 7(8) within the period limited in regulation 7(9), or
b
treats an underlying policy as relating to overseas life assurance business in the circumstances prescribed in regulation 10(1) where the insurance company has not obtained the certificate prescribed in regulation 10(3) or the undertaking prescribed in regulation 10(4) within the period limited in regulation 10(5), or
c
treats a policy or contract as relating to overseas life assurance business in the circumstances prescribed in regulation 13(3) or 14(3), or
d
treats an underlying policy as relating to overseas life assurance business in the circumstances prescribed in regulation 15(3) or 16(3), or
e
treats a policy, contract or underlying policy as relating to overseas life assurance business in circumstances where the insurance company, at the time the policy or contract was made or the relevant business in relation to that underlying policy was entered into, was in possession of information making it reasonable for the insurance company to assume that any of the requirements of section 431D (other than those relating to where the policy holder is residing) was not fulfilled (notwithstanding its possession of any certificate, declaration or other document).
2
This regulation shall not apply in any case specified in sub-paragraph (b), (d) or (e) of paragraph (1) above where the insurance company is a company to which section 439A applies.
3
The company shall —
a
in the case of business other than reinsurance business, treat the policy or contract as relating to basic life assurance and general annuity business from the date the policy or contract was made, or
b
in the case of reinsurance business, treat the business relating to the underlying policy as basic life assurance and general annuity business from the date the underlying policy was made.
4
All necessary adjustments, whether by way of assessment or otherwise, shall be made to give effect to paragraph (3) above; and any such assessment may be made without limits on time.
Reclassification of policy or contract from date after it was effected
19
1
Subject to paragraph (2) below, this regulation applies in any case where an insurance company —
a
treats a policy or contract as relating to overseas life assurance business in the circumstances prescribed in regulation 8(1) where the insurance company has not obtained the document prescribed in regulation 8(3) or, in any case where section 431D(5) applies, the certificate prescribed in regulation 8(8) within the period limited in regulation 8(9), or
b
treats an underlying policy as relating to overseas life assurance business in the circumstances prescribed in regulation 11(1) where the insurance company has not obtained the certificate prescribed in regulation 11(3) or the undertaking prescribed in regulation 11(4) within the period limited in regulation 11(5), or
c
treats a policy or contract as relating to overseas life assurance business in the circumstances prescribed in regulation 13(5) or 14(5), or
d
treats an underlying policy as relating to overseas life assurance business in the circumstances prescribed in regulation 15(5) or 16(5), or
e
treats a policy, contract or underlying policy as relating to overseas life assurance business in circumstances where the insurance company, at any time after the policy or contract was made or the relevant business in relation to that underlying policy was entered into, was in possession of information making it reasonable for the insurance company to assume that any of the requirements of section 431D (other than those relating to where the policy holder is residing) was not fulfilled (notwithstanding its possession of any certificate, declaration or other document).
2
This regulation shall not apply in any case specified in sub-paragraph (b), (d) or (e) of paragraph (1) above where the insurance company is a company to which section 439A applies.
3
The company shall —
a
in the case of business other than reinsurance business, treat the policy or contract as relating to basic life assurance and general annuity business from the end of the accounting period in which the relevant date falls, or
b
in the case of reinsurance business, treat the business relating to the underlying policy as basic life assurance and general annuity business from the end of the accounting period in which the relevant date falls.
4
All necessary adjustments, whether by way of assessment or otherwise, shall be made to give effect to paragraph (3) above; and any such assessment may be made without limits on time.
5
In paragraph (3) above “the relevant date” means —
a
in any case specified in sub-paragraph (a) or (b) of paragraph (1) above, the last day by which the insurance company should have obtained any certificate, document or undertaking mentioned in either of those sub-paragraphs, or
b
in any case specified in sub-paragraph (c) or (d) of paragraph (1) above, the date when it became reasonable for the company to assume as mentioned in regulation 13(5), 14(5), 15(5) or 16(5) as the case may be, or
c
in any case specified in sub-paragraph (e) of paragraph (1) above, the date when it became reasonable for the insurance company to assume as mentioned in that sub-paragraph.
Charge to tax where no certificate under regulation 17
20
1
Subject to paragraph (2) below, this regulation applies in any case where —
a
an insurance company has at any time treated a policy or contract as relating to overseas life assurance business in the circumstances prescribed in regulation 6(1) or 7(1),
b
the company has not reclassified the policy or contract pursuant to regulation 19,
c
a specified event has happened on or after 1st January 1996, and
d
the company has not obtained a certificate pursuant to regulation 17 within six months of the happening of the specified event.
2
The company shall be chargeable to corporation tax, as at the date of the specified event, on an amount equal to the policy gain in relation to the policy or contract.
3
The amount equal to the policy gain shall be treated —
a
as a receipt referable to the company’s basic life assurance and general annuity business falling within section 85(1) of the Finance Act 1989 , and
b
as part of the policy holders' share of relevant profits.
4
Where (apart from this paragraph) an insurance company would not be carrying on basic life assurance and general annuity business it shall be treated as carrying on such business if any amount is treated as referable to such business pursuant to paragraph (3) above.
5
A company may be charged to tax by virtue of this regulation whether or not the amount to which paragraph (2) above relates is taken into account in computing the profits of the company for the purposes of any charge to tax in accordance with Case I of Schedule D.
6
Subject to paragraph (7) below, in this regulation “policy gain” in relation to a policy or contract, means the amount determined by the formula —
( A + B + C ) ( D + E )
where —
A is the amount which would have been paid on the happening of the specified event (ignoring any reduction in that amount arising from the charge to tax under this regulation),
B is the amount of the payments made on any earlier surrender in part of the rights conferred by the policy or contract (ignoring any reduction in those payments arising from the charge to tax under this regulation),
C is the amount of the payments made on any earlier death where the policy or contract has continued in force after that death,
D is the total amount previously paid under the policy or contract by way of premiums, and
E is the amount, in respect of the policy or contract concerned, of any previous charge to tax under this regulation.
7
In a case where the specified event is either a death giving rise to benefits under the policy or contract or an assignment (whether in whole or in part) of the rights conferred by the policy or contract, in this regulation “policy gain”, in relation to a policy or contract, means the amount determined by the formula specified in paragraph (6) above, but where A is the amount which would have been paid if the policy or contract had been surrendered immediately before the happening of the specified event (ignoring any reduction in that amount arising from the charge to tax under this regulation).
8
In this regulation “policy holders' share of relevant profits” shall be construed in accordance with sections 88 and 89 of the Finance Act 1989 .
Keeping and inspection of records and provision of information
Records to be kept and transfers of records
21
1
A company (including any transferee) shall at all times keep sufficient records in respect of each relevant policy to enable the requirements of these Regulations to be satisfied.
2
Without prejudice to the generality of paragraph (1) above, any relevant record shall be preserved by the company, in such manner as may be approved by the Board, so as to be available for inspection under regulation 23 for a period of six years after the termination of the policy or contract.
3
In any case where the obligations under any policy or contract of the body that issued, entered into or effected it (“the original insurer”) are at any time the obligations of another body (in this regulation and in regulations 22 and 23 referred to as the “transferee”) to whom there has been a transfer of the whole or any part of a business previously carried on by the original insurer, the original insurer shall deliver any relevant record to the transferee within the period of three months after the transfer.
4
Paragraph (3) above has effect in relation to transfers on or after 1st January 1996.
Information to be provided to the Board
22
An officer of the Board authorised for the purposes of this regulation may by notice require any company which has at any time effected a relevant policy or any transferee, within such time as may be provided by the notice (not being less than 30 days), to furnish him with such information relating to any relevant policy as he may reasonably require for the purposes of these Regulations.
Inspection of records
23
1
An officer of the Board authorised for the purposes of this regulation may by notice require any company which has at any time effected a relevant policy or any transferee, within such time as may be provided in the notice (not being less than 30 days), to make available for inspection by him such books, documents and other records as are in the company’s possession or under the company’s control containing such information relating to any relevant policy as he may reasonably require for the purposes of these Regulations.
2
The officer to whom the books, documents and other records are made available shall be entitled to take copies, or make extracts from, any book, document or record made available to him by virtue of paragraph (1) above.
S. C. T. Matheson
G. H. Bush
Two of the Commissioners of Inland Revenue
12th December 1995


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1995 and shall come into force on 15th August 1995.
2
In Schedule 3 (categories of motor vehicles for driving test purposes) to the Motor Vehicles (Driving Licences) Regulations 1987 , in the entry relating to category N, for the words in column (2) there shall be substituted the words “Vehicle specified in sub-paragraph (j) or (jj) of regulation 27(1) of the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990.” .
Signed on behalf of the Secretary of State
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
5th August 1995.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Morriston Hospital National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 19th May 1995.
2
In this Order:
“the Authority” means the Gwent Health Authority;
“the Trust” means the Morriston 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 13th March 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 19th May 1995 the trust property shall be transferred from the Authority to the Trust.
John Redwood
Secretary of State for Wales
12th April 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for the Royal Free Hospital (Transfer of Trust Property) Order 1995 and shall come into force on 17th May 1995.
2
In this Order —
“the Authority” means the Camden and Islington Health Authority;
“the special trustees” means the special trustees for the Royal Free Hospital;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the special trustees on 16thSeptember 1994, which schedule has been signed on behalf of both the Authority and the special trustees.
Transfer of trust property
2
On 17th May 1995 the trust property shall be transferred from the Authority to the special trustees.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
19th April 1995