type: legislation

jurisdiction: UK

text:
Commencement and citation
1
This Order may be cited as the A13 Trunk Road (Barking and Dagenham and Newham) Red Route (Clearway) Traffic Order 1995, and shall come into force on 2nd October 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
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
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s 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
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 1st January 1997 to
i
a public service vehicle used for the provision of a local service of a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31st December 1996 to
i
a motor vehicle constructed or adapted to carry more than eight 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 of 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.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, The Barking (Waiting and Loading Restriction) Order 1977, The Barking and Dagenham (Restriction of Waiting on Bus Stops) No. 2 Traffic Order 1980, The Barking and Dagenham (Waiting and Loading Restriction) (Amendment No. 15) Order 1984 and The Newham (Waiting and Loading Restriction) (Proposed Priority Route) Order 1994 and hereby revoked, 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 Barking (Waiting and Loading Restriction) Order 1995, The Barking and Dagenham (Restriction of Waiting on Bus Stops) No. 2 Traffic Order 1980, The Barking and Dagenham (Waiting and Loading Restriction (Amendment No. 15) Order 1984 and The Newham (Waiting and Loading Restriction) (Proposed Priority Route) Order 1994 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 Scheme may be cited as The M27 South Coast Motorway (Ower — Chilworth Section) Connecting Roads Scheme 1970 Variation Scheme (No 2) 1995 and shall come into force on 12 January 1996.
2
1
The M27 South Coast Motorway (Ower — Chilworth Section) Connecting Roads Scheme 1970 is hereby varied as follows:
a
in article 2, “1, 1A and 2” shall be substituted for “1 and 2”;
b
in article 4, in the definition of the “deposited plan”, the words “and the plan numbered 1A, marked “The M27 South Coast Motorway (Ower — Chilworth Section) Connecting Roads Scheme 1970 Variation Scheme (No 2) 1995”, signed by authority of the Secretary of State, that plan folio and plan being deposited at the Department of Transport, Great Minster House, Marsham Street, London SW1P 4DR;” shall be substituted for the words “and deposited at the Ministry of Transport, St Christopher House, Southwark Street, London SE1;”;
c
for paragraph 1 of the Schedule, the following paragraph shall be substituted,
1
Interchange with Romsey Road (A31) at Ower in Hampshire. The routes of the special roads for effecting this interchange are routes to connect —
a
the eastbound and (for traffic joining the motorway) westbound carriageways of the motorway with the roundabout (part of Totton Western Bypass A326) at Junction 2, and
b
the westbound carriageway of the motorway (for traffic leaving the motorway) with an 80 metre length of all purpose trunk road slip road connecting with that roundabout;
the centre lines of the 3 special roads referred to in (a) above are shown on site plan No 1 in the deposited plan where they are respectively given the reference letters B, C and D, and the centre line of the special road referred to in (b) above is shown on site plan No 1A in the deposited plan where it is given the reference letter F. The point where the special road shown F connects with the 80 metre length of all purpose trunk road slip road connecting to the said roundabout is shown by the letter X.
.
2
The heavy black line on the site plan numbered 1 referred to in The M27 South Coast Motorway (Ower — Chilworth Section) Connecting Roads Scheme 1970 which is given the reference letter E, and associated markings on that plan, shall be disregarded.
Signed by authority of the Secretary of State for Transport
A. D. Rowland
Director Southern Network Management Division Highways Agency
Department of Transport
14th December 1995


text:
1
This Order may be cited as the Income and Corporation Taxes Act 1988, section 51A, (Appointed Day) Order 1995.
2
The day appointed for the purposes of section 51A of the Income and Corporation Taxes Act 1988 is 2nd January 1996.
Simon Burns
David Willetts
Two of the Lords Commissioners of Her Majesty’s Treasury
15th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Yorkshire Metropolitan Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 14th July 1995.
2
In this Order —
“the Authority” means the Northern and Yorkshire Regional Health Authority;
“the Trust” means the West Yorkshire Metropolitan Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 14th February 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 14th July 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
14th June 1995


text:
Citation and commencement
1
This Order may be cited as the Vaccine Damage Payments (Specified Disease) Order 1995 and shall come into force on 31st May 1995.
Addition to the diseases to which the Vaccine Damage Payments Act applies
2
Haemophilus influenzae type b infection is specified as a disease to which the Vaccine Damage Payments Act 1979 applies.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
1st May 1995


text:
1
This Order may be cited as the Hounslow (Various Roads) Traffic Order 1969 (Variation) Order 1995 and shall come into force on 9th December 1995.
2
1
The Hounslow (Various Roads) Traffic Order 1969 shall be varied as follows:
2
Before article 10 there shall be inserted the following article —
9A
Subject to the provisions of this Order no person shall cause any vehicle the width of which exceeds 6 feet 6 inches to proceed on the flyover or the slip road.
.
Signed by authority of the Secretary of State for Transport
R. T. Thorndike
Director Highways Agency London Network Management Division
5th December 1995


text:
Title and commencement
1
This Order may be cited as the Orkney Tourist Board Scheme Order 1995 and shall come into force on 31st August 1995.
Interpretation
2
In this Order —
“ the scheme ” means the Orkney Tourist Board Scheme 1995;
“ the Board ” means the Orkney Tourist Board;
“existing Board” means any area tourist organisation which is to be wound up and dissolved in accordance with paragraph 11(2) of the scheme; and
“local government area” shall be construed in accordance with section 1(2) of the Local Government etc. (Scotland) Act 1994.
The Scheme
3
1
Subject to paragraph (2), the scheme set out in the Schedule to this Order shall have effect, as from 1st April 1996, for the establishment of the Board for the local government area of the Orkney Islands.
2
The scheme shall have effect from the date of coming into force of this Order in relation to —
a
the constitution of the Board;
b
the carrying out by the Board of any functions necessary to bring the scheme into operation on 1st April 1996; and
c
the winding up of an existing Board.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
12th July 1995


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Infant Formula and Follow–on Formula Regulations 1995 and shall come into force on 1st March 1995.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“advertisement” has the same meaning as in the Act, except that it does not include any label or wrapper, and “advertise” and “advertising” shall be construed accordingly;
“follow-on formula” means a food intended for particular nutritional use by infants in good health who are aged over four months, and constituting the principal liquid element in a progressively diversified diet;
“food authority” has the same meaning as in the Act, except that it does not include either the council of any district in a non–metropolitan county in England and Wales or the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“health care system” means institutions or organisations engaged, directly or indirectly, in health care for mothers, infants and pregnant women, including nurseries or child–care institutions and health workers in private practice;
“infant” means a child under the age of twelve months;
“infant formula” means a food intended for particular nutritional use by infants in good health during the first four to six months of life, and satisfying by itself the nutritional requirements of such infants;
“member State” means a member State of the European Community other than the United Kingdom;
“presentation”, in relation to an infant formula or a follow-on formula, includes the shape, appearance or packaging of the product concerned, the way in which the product is arranged when it is exposed for sale and the setting in which the product is displayed with a view to sale, but does not include any form of labelling or advertising;
“sell” includes possess for sale and offer, expose or advertise for sale, but does not include —
an advertisement of the type described in section 22 of the Act (publication in the course of business), or
anything not qualifying as a placing on the market for the purposes of Council Directive 89/398/ EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses;
“third country” means a country or territory other than a member State, the United Kingdom, the Isle of Man or any of the Channel Islands;
“young children” means children aged between one and three years.
3
Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Conditions for the sale of infant formulae and follow-on formulae
2
No person shall sell any food which is labelled or otherwise represented as —
a
being an infant formula; or
b
satisfying by itself the nutritional requirements of normal healthy infants during the first four to six months of life,
unless that food —
i
has been manufactured in accordance with the requirements set out in regulations 8(1) and (2), 10 and 11;
ii
complies with the compositional criteria referred to in regulation 8(3), and the compositional requirements of regulation 12;
iii
is labelled in accordance with the requirements for an infant formula of regulations 13 and 15; and
iv
complies with the requirements as to presentation referred to in regulation 16(1).
3
No person shall sell any food which is labelled or otherwise represented as being a follow-on formula unless that food —
a
has been manufactured in accordance with the requirements set out in regulations 9(1) and (2), 10 and 11;
b
complies with the compositional criteria referred to in regulation 9(3), and the compositional requirements of regulation 12;
c
is labelled in accordance with the requirements for a follow-on formula of regulations 14 and 15; and
d
complies with the requirements as to presentation referred to in regulation 16(2).
4
Nothing in regulation 2 or regulation 3 shall apply to a sale of any food solely intended for export to a third country.
Export of infant formulae and follow-on formulae to third countries
5
1
No person shall export from Great Britain to a third country any infant formula which does not comply with —
a
the requirements referred to in regulations 8, 10, 11 and 12 or the Codex Standard for Infant Formula established by the Codex Alimentarius;
b
the requirements referred to in regulations 13(1)(c)–(h), (2) and (3), 15 and 16(1); and
c
the provisions of the Food (Lot Marking) Regulations 1992 .
2
The provisions referred to in paragraph (1) above shall not apply to the extent that any of them are dispensed with or varied by provisions laid down by the importing country.
3
No person shall export from Great Britain to a third country any food, other than an infant formula, which is labelled or otherwise represented as capable of satisfying by itself the nutritional requirements of normal healthy infants during the first four to six months of life.
6
1
No person shall export from Great Britain to a third country any follow-on formula which does not comply with —
a
the requirements referred to in regulations 9, 10, 11 and 12 or the Codex Standard for Follow–up Formula established by the Codex Alimentarius;
b
the requirements referred to in regulations 14(c)–(f), 15 and 16(2); and
c
the provisions of the Food (Lot Marking) Regulations 1992.
2
The provisions referred to in paragraph (1) above shall not apply to the extent that any of them are dispensed with or varied by provisions laid down by the importing country.
7
No person shall export from Great Britain to a third country any infant formula or follow-on formula which is not —
a
labelled in an appropriate language (or appropriate languages); and
b
labelled in such a way as to avoid any risk of confusion between an infant formula and a follow-on formula.
Composition of infant formulae and follow-on formulae
8
1
An infant formula shall be manufactured only from —
a
the protein sources and food ingredients specified in Schedule 1, and
b
other food ingredients the suitability of which for particular nutritional use by infants from birth has been established by generally accepted scientific data.
2
In the manufacture of any infant formula the prohibitions and limitations on the use of food ingredients set out in Schedule 1 shall be observed.
3
The composition of an infant formula shall conform to the criteria specified in Schedule 1.
4
In this regulation a reference to Schedule 1 shall be read as a reference to that Schedule as read with Schedules 5 and 6.
9
1
A follow-on formula shall be manufactured only from —
a
the protein sources and food ingredients specified in Schedule 2, and
b
other food ingredients the suitability of which for particular nutritional use by infants aged over four months has been established by generally accepted scientific data.
2
In the manufacture of any follow-on formula the prohibitions and limitations on the use of food ingredients set out in Schedule 2 shall be observed.
3
The composition of a follow-on formula shall conform to the criteria specified in Schedule 2.
4
In this regulation a reference to Schedule 2 shall be read as a reference to that Schedule as read with Schedules 6 and 7.
10
If an infant formula or a follow-on formula is not at the time it is sold ready for use, nothing more than the addition of water shall be required to make it ready for such use.
11
1
Subject to paragraph (2) below, in relation to the manufacture of any infant formula or any follow-on formula, the requirements specified in Schedule 1 or Schedule 2, as appropriate, in respect of vitamins, mineral substances, amino acids and other nitrogen compounds, and other substances having a particular nutritional purpose shall only be satisfied by the use in the process of manufacture of the vitamin formulations, permitted salts, amino acids and other nitrogen compounds and other substances listed in Schedule 3.
2
In the case of a vitamin or a mineral substance listed in column 1 of Schedule 3 the vitamin formulation or permitted salt to be used shall be one of those listed in column 2 of that Schedule in relation to the vitamin or mineral substance in question.
12
No infant formula or follow-on formula shall contain any substance in such quantity as to endanger the health of infants.
Labelling, packaging etc of infant formulae and follow-on formulae
13
1
No infant formula shall be sold unless it is labelled with the following particulars —
a
in the case of a product where the protein source is not entirely cows' milk proteins, the name “infant formula”;
b
in the case of a product where the protein source is entirely cows' milk proteins, the name “infant milk”;
c
a statement to the effect that the product is suitable for particular nutritional use by infants from birth when they are not breast–fed;
d
in the case of a product which does not contain added iron, a statement to the effect that the product does not contain the total iron requirements recommended for an infant over the age of four months, and that these should be made up from additional sources;
e
the available energy value expressed in kJ and kcal, and the content of proteins, lipids and carbohydrates per 100 millilitres of the product ready for use;
f
he average quantity of each mineral substance and of each vitamin mentioned in Schedule 1, and where applicable of choline, inositol and carnitine, per 100 millilitres of the product ready for use;
g
instructions for appropriate preparation of the product and a warning against the health hazards of inappropriate preparation; and
h
the words “Important Notice”, immediately followed by —
i
a statement concerning the superiority of breast–feeding; and
ii
a statement recommending that the product be used only on the advice of an independent person qualified in medicine, nutrition or pharmacy or having a professional qualification in maternal or child care.
2
The labelling of an infant formula shall not include —
a
any picture of an infant;
b
any other picture or text which may idealise the use of the product,
but may include graphic representations for easy identification of the product or for illustrating methods of preparation.
3
The labelling of an infant formula shall include a claim concerning the composition of the product only when —
a
the claim is listed in column 1 of Schedule 4, and is expressed in the terms there set out; and
b
the condition specified in column 2 of that Schedule in relation to the relevant claim made in column 1 is satisfied.
14
No follow-on formula shall be sold unless it is labelled with the following particulars —
a
in the case of a product where the protein source is not entirely cows' milk proteins, the name “follow-on formula”;
b
in the case of a product where the protein source is entirely cows' milk proteins, the name “follow-on milk”;
c
a statement to the effect that the product is suitable only for particular nutritional use by infants over the age of four months, that it should form only part of a diversified diet and that it is not to be used as a substitute for breast milk during the first four months of life;
d
the available energy value expressed in kJ and kcal, and the content of proteins, lipids and carbohydrates per 100 millilitres of the product ready for use;
e
the average quantity of each mineral substance and of each vitamin mentioned in Schedule 2, and where applicable of choline, inositol and carnitine per 100 millilitres of the product ready for use; and
f
nstructions for appropriate preparation of the product and a warning against the health hazards of inappropriate preparation.
15
The labelling of any infant formula and any follow-on formula shall —
a
be designed to provide the necessary information about the appropriate use of the product so as not to discourage breast–feeding;
b
not contain the terms “humanized”, “maternalized” or any similar term suggesting that the product is equivalent or superior to breast milk,
and the term “adapted” may be used only in relation to adapted protein and then only in conformity with the provisions of regulation 13(3).
16
1
The provisions of regulations 13(1)(h), (2) and (3) and 15 shall also apply so far as they are relevant to the presentation of an infant formula.
2
The provisions of regulation 15 shall also apply so far as they are relevant to the presentation of a follow-on formula.
Restrictions on advertising of infant formulae
17
1
No person shall publish or display any advertisement for an infant formula —
a
except —
i
in a publication specialising in baby care and distributed only through the health care system;
ii
in a scientific publication; or
iii
for the purposes of trade prior to the retail stage, in a publication of which the intended readership is other than the general public; and
b
which does not comply with the requirements, prohibitions and restrictions relating to labelling contained in regulations 13(1)(h), (2) and (3) and 15.
2
An advertisement for an infant formula shall contain only information of a scientific and factual nature. Such information shall not imply or seek to create a belief that bottle–feeding is equivalent or superior to breast–feeding.
Restrictions on advertising of follow-on formulae
18
No person shall publish or display any advertisement for a follow-on formula which does not comply with the requirements, prohibitions and restrictions relating to labelling contained in regulation 15.
Restrictions on promotion of infant formulae
19
No person shall at any place where any infant formula is sold by retail —
a
advertise any infant formula;
b
make any special display of an infant formula designed to promote sales;
c
give away —
i
any infant formula as a free sample; or
ii
any coupon which may be used to purchase an infant formula at a discount;
d
promote the sale of an infant formula by means of premiums, special sales, loss– leaders or tie–in sales; or
e
undertake any other promotional activity to induce the sale of an infant formula.
20
No manufacturer or distributor of any infant formula shall provide for promotional purposes any infant formula free or at a reduced or discounted price, or any gift designed to promote the sale of an infant formula, to —
a
the general public;
b
pregnant women;
c
mothers; or
d
members of the families of persons mentioned in sub–paragraphs (b) and (c) above,
either directly, or indirectly through the health care system or health workers.
Provision of information and education regarding infant and child feeding
21
1
No person shall produce or publish any informational and educational (or informational or educational) materials, whether written or audiovisual, dealing with the feeding of infants and intended to reach pregnant women and mothers of infants and young children, unless (subject to paragraph (2) below) such materials include clear information on all the following points —
a
the benefits and superiority of breast–feeding;
b
maternal nutrition and the preparation for, and the maintenance of, breast– feeding;
c
the possible negative effect on breast–feeding of introducing partial bottle– feeding;
d
the difficulty of reversing the decision not to breast–feed; and
e
where needed, the proper use of an infant formula or of infant formulae, whether manufactured industrially or home prepared.
2
When the materials referred to in paragraph (1) above contain information about the use of an infant formula, they —
a
shall include the social and financial implications of its use; the health hazards of inappropriate foods or feeding methods, and, in particular, the health hazards of improper use of an infant formula, and
b
shall not use any pictures which may idealise the use of infant formulae.
3
No manufacturer or distributor of an infant formula shall make a donation of any informational or educational equipment or materials except in accordance with the following conditions —
a
the donation shall be made following a request by the intended recipient;
b
the donation shall be made with the written authority of the Secretary of State or in accordance with guidelines drawn up by the Secretary of State;
c
the equipment and materials may bear the name or logo of the donor but shall not be marked or labelled with the name of a proprietary infant formula; and
d
the equipment or materials shall be distributed only through the health care system.
4
Any institution or organisation which receives any infant formula free or at a reduced price shall ensure that such infant formula is only used by or distributed for infants who have to be fed on infant formula, and that such use or distribution continues only so long as is required by such infants.
Offences and enforcement
22
1
If any person contravenes or fails to comply with any of the provisions contained in regulations 2, 3, 5, 6, 7, 17, 18, 19, 20 and 21 he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Each food authority shall enforce and execute these Regulations in its area.
Application of provisions of the Food Safety Act 1990
23
The following provisions of the Act shall apply for the purposes of these Regulations (except regulation 21) as they apply for the purposes of section 8, 14 or 15 of the Act, and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations (except regulation 21) —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumption that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence);
e
section 30(8) (which relates to documentary evidence);
f
ection 33 (obstruction etc. of officers);
g
section 36 (offences by bodies corporate);
h
section 44 (protection of officers acting in good faith).
Amendments to existing Regulations
24
The Skimmed Milk with Non–Milk Fat Regulations 1960 and the Skimmed Milk with Non–Milk Fat (Scotland) Regulations 1960 shall be amended in each case as follows —
a
at the end of regulation 2(3) there shall be added the following words —
“or any infant formula which complies with the requirements as to its manufacture and composition specified in regulations 9(1), (2) and (3), 10, 11 and 12 of the Infant Formula and Follow–on Formula Regulations 1995.”; and
b
the following deletions shall be made —
i
in regulation 3(1)(a), the words “(as modified by the Second Schedule to these Regulations in respect of the specified foods referred to therein)”;
ii
in Part I of Schedule 1, sub–paragraph (j) of the Proviso in paragraph 1;
iii
Schedule 2.
25
The Food Labelling Regulations 1984 and the Food Labelling (Scotland) Regulations 1984 shall be amended by the deletion in each case of paragraph 2 in Part I of Schedule 6.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
3rd January 1995
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
28th December 1994
John Redwood
Secretary of State, Welsh Office
15th January 1995
Fraser of Carmyllie
Minister of State, Scottish Office
30th December 1994


text:
Citation and commencement
1
This Order may be cited as the Foxfield Light Railway Order 1995 and shall come into force on 4th May 1995.
Interpretation
2
1
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them: —
“the existing railway” means the existing railway of the Society described in Schedule 1 to this Order together with all lands and works relating thereto;
“the former railway” means the railway or former railway described in Schedule 2 to this Order together with all lands and works relating thereto;
“the new railway” means the railway authorised to be constructed, made and maintained pursuant to article 5 (Power to construct new railway) of this Order together with all works and lands relating thereto and, where any part of the said railway and works remains uncompleted, includes the site of that part;
“the plans” and “sections” means respectively the plans and sections deposited with the Department of Transport at 2 Marsham Street, London SW1P 3EB in connection with the application for this Order;
“the railways” means the existing railway and the new railway, or either of them, as the case may require;
“the Society” means the Foxfield Light Railway Society incorporated under the Companies Acts 1948 to 1967 and having its registered office at Blythe Bridge (Caverswall Road) Station, Blythe Bridge, Stoke-on-Trent ST11 9EA.
2
References in this Order to reference points shall be construed as references to the Ordnance Survey National Grid reference points.
Incorporation, application and modification of enactments
3
1
a
The following provisions of the Railways Clauses Consolidation Act 1845 , so far as they are applicable for the purposes of, and are not inconsistent with, or varied by, the provisions of this Order, are incorporated with, and form part of, this Order: —
section 16 (works to be executed);
section 61 (company to make sufficient approaches and fences to highways crossing on the level);
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners),
except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 75 (omission to fasten gates); and
sections 78 and 85E (provisions with respect to mines lying under or near the railway).
2
Any difference under the said sections 71 to 73 of the said Act of 1845, as so incorporated, between the Society and any other person shall be determined by arbitration.
3
The following provisions shall apply to the railways: —
Regulation of Railways Act 1868
Section 22 (Communication between passengers and the company’s servants to be provided);
Regulation of Railways Act 1889
Section 1 (Power to order certain provisions to be made for public safety); and
Section 5 (Penalty for avoiding payment of fares).
4
In its application to the railways, section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than twenty miles without stopping” were omitted therefrom.
5
Sections 116, 117 and 118 of the Transport Act 1968 shall apply to the railways as if references therein to the Board were references to the Society.
Power to work existing railway as a light railway
4
As from the coming into force of this Order the Society may maintain and work the existing railway as a light railway under the Act and this Order.
Power to construct new railway
5
1
The Society may on the line of the former railway and in the lines or situations, and within the limits of deviation, shown on the plans construct and maintain the new railway with all necessary works and conveniences connected therewith and work the same as a light railway under the Act and this Order.
2
The new railway shall be laid within the existing formation, and to the levels shown on the deposited sections, being not more than 5 metres above the original level of the former railway.
Level crossings
6
1
The Society may maintain the level crossings where the existing railway crosses the highways mentioned in column 1 of Schedule 3 to this Order in the parishes and at the locations mentioned respectively in columns 2 and 3 of that Schedule.
2
The Society shall not at any of the said crossings obstruct or hinder traffic or persons passing along the highway for longer than is reasonably necessary in taking any train, engine, carriage or truck across the highway.
3
The Society shall provide and shall at all times maintain at the crossings mentioned in Part I of Schedule 3 to this Order such stiles or self-closing wicket gates (if any) and such signs, devices and appliances (if any) as the Secretary of State may require.
4
The Society shall observe the conditions and requirements specified in Schedule 4 to this Order in relation to the crossing of the Cresswell to Dilhorne road mentioned in Part II of Schedule 3 to this Order.
5
Nothing contained or incorporated in this Order shall require the provision of keepers at any level crossing.
6
So much of this Order as requires the opening, closing, locking, manning or operation of the said Cresswell to Dilhorne road crossing, and the gates and facilities provided in connection therewith, may be complied with by the train crews or other proper persons travelling with the trains or engines on the railways.
Gauge and motive power
7
1
The railways shall be operated on the standard gauge of 1,435 millimetres (4 feet 8½ inches).
2
The motive power used on the railways shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may approve.
3
Nothing in this Order shall authorise the Society to use electrical power as motive power on the railways unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.
4
If electrical power is used as motive power on the railways, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunication apparatus as defined in Schedule 2 to the Telecommunication Act 1984 or with telecommunication by means of any such apparatus.
Conveyance of passengers
8
No part of the new railway shall be used for the conveyance of passengers without the prior written permission of the Secretary of State.
Order may cease to apply to certain lands
9
1
Upon the expiration or sooner determination of any agreement made between the British Coal Corporation and the Society under which the Society is the occupier of land used for any part of the existing railway, unless such agreement shall be extended, renewed or replaced by another such agreement or the Society shall become entitled to some other interest in the land, the rights, powers and privileges conferred, and the obligations and liabilities imposed, on the Society by or under this Order in relation to that part of the existing railway shall cease to have effect, but without prejudice to any pre-existing right of action of either party in respect of any breach by the other party.
2
In this article “agreement” includes a lease, sublease, tenancy, licence and any other form of agreement.
For protection of National Rivers Authority
10
1
For the protection of the National Rivers Authority (in this article referred to as “the Authority”) the provisions of this article shall, unless otherwise agreed in writing between the Society and the Authority, apply and have effect.
2
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991 or any byelaws made under that Act or the Land Drainage Act 1991 in relation to anything done under or in pursuance of this Order.
3
a
Before carrying out any works involving the erection or raising of any obstruction to the flow of any watercourse which is not part of a main river within the meaning of section 113 of the Water Resources Act 1991 or the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any such watercourse in, under or through any land held for the purposes of or in connection with the railways the Society shall furnish to the Authority proper and sufficient plans thereof for the approval of the Authority and shall not carry out the said works until the said plans have been approved in writing by the Authority;
b
The approval of plans furnished under this paragraph shall not be unreasonably withheld and, if within two months after such plans have been supplied to the Authority, the Authority shall not have intimated its disapproval thereof and the grounds of its disapproval, it shall be deemed to have approved the plans as supplied;
c
For the purposes of this paragraph “plans” includes sections, drawings, specifications, calculations and descriptions.
4
a
Any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for the purposes of or in connection with the railways, whether constructed under the powers of this Order or in existence prior to the making hereof, shall be maintained by the Society in good repair and condition and free from obstruction;
b
Nothing in this paragraph shall have the effect of requiring the Society to carry out works of maintenance in respect of any culvert or structure which the Authority or any other person are liable to maintain.
5
If any obstruction is erected or raised or any culvert or structure is constructed, altered or replaced in contravention of this article the Society shall upon receiving notice from the Authority take such action as may be necessary to remedy the effect of the contravention to the Authority’s satisfaction and in default the Authority may itself take such action as may be necessary and recover the expenses reasonably incurred by it in doing so from the Society as a debt due from them to the Authority.
6
Any dispute or difference which may arise between the Authority and the Society under this article shall be determined by arbitration.
7
The provisions of the Railways Clauses Consolidation Act 1845 applied by this Order shall be subject to the provisions of this article.
For the protection of sewerage and water undertakers
11
1
For the protection of sewerage and water undertakers (in this article referred to as “the undertakers”) the provisions of this article shall, unless otherwise agreed in writing between the Society and the undertakers concerned, apply and have effect.
2
In this article, “relevant pipe” in relation to any of the undertakers has the meaning given in section 179(7) of the Water Industry Act 1991 but does not include any apparatus in respect of which the relations between the undertakers and the Society are regulated by the provisions of Part III of the New Roads and Street Works Act 1991 .
3
Nothing contained or incorporated in this Order shall authorise the Society to raise, sink or otherwise alter the position of, or in any way interfere with, any relevant pipe without the consent in writing of the undertakers concerned, such consent not to be unreasonably withheld.
4
a
Where any relevant pipe is situated in or under any land owned or held for the purpose of the railways the Society shall at their own expense maintain all culverts over such relevant pipe which are in existence at the coming into force of this Order so as to leave the relevant pipe accessible for the purpose of repairs;
b
Nothing in this paragraph shall have the effect of requiring the Society to carry out works of maintenance in respect of any culvert which the undertakers or any other person are liable to maintain.
5
The Society shall afford reasonable facilities to the undertakers for the execution and doing of all such works and things as may be reasonably necessary to enable them to inspect, repair, maintain, renew, replace, remove, alter or use any relevant pipe.
6
The Society shall compensate the undertakers —
a
for any damage done or disturbance caused to any relevant pipe; and
b
for any other expenses, loss, damages, penalty or costs incurred by the undertakers,
by reason or in consequence of the execution, maintenance, user or failure of any of the works authorised by this Order or otherwise by reason or in consequence of the exercise by the Society of the powers of this Order.
7
Nothing in the foregoing paragraph shall entitle the undertakers to any payment in respect of damage attributable to the neglect or default of the undertakers, their servants or agents.
8
Nothing in this Order shall prejudice or affect the rights of the undertakers in respect of any relevant pipe or the provisions of any agreement regulating the relationship between the Society and the undertakers with regard to any relevant pipe and whether made before or after this Order comes into force.
9
The provision of the Railways Clauses Consolidation Act 1845 applied by this Order shall be subject to the provisions of this article.
10
Any difference arising between the Society and the undertakers under this article shall be determined by arbitration.
Arbitration
12
Where under any provision contained or incorporated in this Order any difference is to be determined by arbitration, then such difference shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President for the time being of the Institution of Civil Engineers.
Signed by authority of the Secretary of State for Transport
R. A. Allan
An Under Secretary,
Department of Transport
3rd May 1995


text:
1
This Order may be cited as the Value Added Tax (Input Tax) (Amendment) (No. 3) Order 1995 and shall come into force on 1st August 1995.
2
The Value Added Tax (Input Tax) Order 1992 shall be amended in accordance with articles 3 to 8 of this Order.
3
In article 4(3) after sub-paragraph (a) there shall be inserted —
aa
a supply which, for the purposes of the charge to VAT , was treated as if it were for a consideration calculated in accordance with article 7(4) below;
.
4
In article 7(1) —
a
after the words “paragraph (2)” there shall be inserted “to (2H)”; and
b
in sub-paragraph (a) after the words “the supply” there shall be inserted “(including a letting on hire)”.
5
For article 7(2) there shall be substituted the following —
2
Paragraph (1) above does not apply where —
a
the motor car is —
i
a qualifying motor car;
ii
let on hire or supplied to, or acquired from another member State or imported by, a taxable person; and
iii
the relevant condition is satisfied;
b
the supply is a letting on hire of a motor car which is not a qualifying motor car;
c
the motor car is unused and is supplied to a taxable person whose only taxable supplies are concerned with the letting of motor cars on hire to another taxable person whose business consists predominantly of making supplies of a description falling within item 14 of Group 12 of Schedule 8 to the Act; or
d
the motor car is unused and is supplied on a letting on hire to a taxable person whose business consists predominantly of making supplies of a description falling within item 14 of Group 12 of Schedule 8 to the Act, by a taxable person whose only taxable supplies are concerned with the letting on hire of motor cars to such a taxable person.
6
After article 7(2) there shall be inserted the following —
2A
Subject to paragraph (2B) and (2C) below, for the purposes of paragraph (2)(a) above a motor car is a qualifying motor car if —
a
it has never been supplied, acquired from another member State, or imported in circumstances in which the VAT on that supply, acquisition or importation was wholly excluded from credit as input tax by virtue of paragraph (1) above; or
b
a taxable person has elected for it to be treated as such.
2B
A taxable person may only elect for a motor car to be treated as a qualifying motor car if it —
a
is first registered on or after 1st August 1995;
b
was supplied to, or acquired from another member State or imported by, him prior to that date in circumstances in which the VAT on that supply, acquisition or importation was wholly excluded from credit as input tax by virtue of paragraph (1) above; and
c
had not been supplied on a letting on hire by him prior to 1st August 1995.
2C
A motor car that is supplied, acquired from another member State or imported on or after 1st August 1995 and which would, apart from this paragraph, be a qualifying motor car by virtue of sub-paragraph (a) of paragraph (2A) above shall not be such a car if it was supplied on a letting on hire prior to that date by the person to whom it is supplied or by whom it is acquired or imported (as the case may be).
2D
References in this article to registration of a motor car mean registration in accordance with section 21 of the Vehicle Excise and Registration Act 1994 .
2E
For the purposes of paragraph (2)(a) above the relevant condition is that the letting on hire, supply, acquisition or importation (as the case may be) is to a taxable person who intends to use the motor car either —
a
exclusively for the purposes of a business carried on by him, but this is subject to paragraph (2G) below; or
b
primarily for a relevant purpose.
2F
For the purposes of paragraph (2E) above a relevant purpose, in relation to a motor car which is let on hire or supplied to, or acquired or imported by, a taxable person (as the case may be), is any of the following purposes —
a
to provide it on hire with the services of a driver for the purpose of carrying passengers;
b
to provide it for self-drive hire; or
c
to use it as a vehicle in which instruction in the driving of a motor car is to be given by him.
2G
A taxable person shall not be taken to intend to use a motor car exclusively for the purposes of a business carried on by him if he intends to —
a
let it on hire to any person either for no consideration or for a consideration which is less than that which would be payable in money if it were a commercial transaction conducted at arms length; or
b
make it available (otherwise than by letting it on hire) to any person (including, where the taxable person is an individual, himself, or where the taxable person is a partnership, a partner) for private use, whether or not for a consideration.
2H
Where paragraph (1) above applies to a supply of a motor car on a letting on hire it shall apply to the tax charged on that supply as if for the word “tax” there were substituted “one half of the tax”
.
7
In article 7(3), sub-paragraph (a) shall be deleted.
8
In article 7(4), for the words “in respect of which tax has been excluded from any credit” there shall be substituted “(other than one which is a qualifying motor car by virtue of paragraph (2A)(b) above) in respect of which tax has been wholly excluded from credit”.
9
The Value Added Tax (Input Tax) (Amendment) Order 1993 is hereby revoked.
Tim Wood
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
29th June 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service (Determination of Districts) Order 1995 and shall come into force on 1st April 1995.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“the material date” means 1st April 1995;
“the new authorities” means the health authorities specified in Schedule 2 to the National Health Service (District Health Authorities) Order 1995 , being in each case an authority established by that Order;
“the old authorities” means the health authorities specified in Schedule 1 to that Order, being —
in the case of the North West Surrey Health Authority and in the case of the South West Surrey Health Authority, authorities established by the National Health Service (District Health Authorities) Order 1993 ;
in the case of the South and East Cheshire Health Authority, an authority established by the National Health Service (District Health Authorities) (No.2) Order 1993 ; and
in all other cases, authorities the establishment of each of which was continued by the National Health Service (District Health Authorities) Order 1990 ;
“the relevant new authority” —
as respects the old authorities Chester Health Authority and South and East Cheshire Health Authority, means South Cheshire Health Authority;
as respects the old authorities Chichester Health Authority, Mid Downs Health Authority and Worthing District Health Authority, means West Sussex Health Authority;
as respects the old authorities North West Surrey Health Authority and South West Surrey Health Authority, means Western Surrey Health Authority;
as respects the old authorities East Surrey Health Authority and Mid Surrey Health Authority, means Eastern Surrey Health Authority;
“the 1981 Order ” means the National Health Service (Determination of Districts) Order 1981 .
Variation of districts
2
1
The districts specified in Schedule 1 to this Order are hereby abolished.
2
There are determined four new districts, to be known by the names specified in column (1) of Schedule 2 to this Order, and each comprising the former districts shown in relation to it in column (2) of that Schedule.
3
North Cheshire District is varied so as to exclude the parishes of Alvanley, Antrobus (as altered by the Macclesfield and Vale Royal (Areas) Order 1982 ), Aston, Dutton, Frodsham, Great Budworth, Helsby, Kingsley, Manley, Norley, Sutton and Whitely in the district of Vale Royal, in the county of Cheshire.
4
Wirral District is varied so as to exclude the area of the former urban district of Neston, in the borough of Ellesmere Port and Neston in the county of Cheshire.
5
In Part I of Schedule 1 to the 1981 Order —
a
the entries in columns (1), (2) and (3) relating to Chester District, Chichester District, East Surrey District, Mid Downs District, Mid Surrey District, North Cheshire District, North West Surrey District, South and East Cheshire District, South West Surrey District, Wirral District and Worthing District are omitted;
b
at the appropriate point there are inserted in columns (1), (2) and (3) the entries set out in columns (1), (2) and (3) respectively of Schedule 3 to this Order.
6
In paragraph (5)(b) of this article “the appropriate point” means —
a
in relation to Eastern Surrey District, after the entries relating to Croydon District;
b
in relation to Western Surrey District, after the entries relating to South East London District;
c
in relation to West Sussex District, after the entries relating to West Kent District;
d
in relation to North Cheshire District, after the entries relating to Morecambe Bay District;
e
in relation to South Cheshire District, after the entries relating to Sefton District;
f
in relation to Wirral District, after the entries relating to West Pennine District.
Transfer of officers employed by District Health Authorities
3
1
Except as provided by paragraph (2) of this article, any officer employed immediately before the material date by any of the old authorities is transferred on the material date to the employment of the relevant new authority, and the contract of employment of that officer is modified so as to substitute as the employer the relevant new authority.
2
Where —
a
this article makes provision for the transfer of an officer, and
b
the officer in question is employed jointly by any of the old authorities and another person,
that provision shall have effect to transfer that officer to the employment of the relevant new authority and that other person jointly, and the contract of employment of that officer is modified so as to substitute the relevant new authority as one of the joint employers.
Preservation of training arrangements
4
Training arrangements made by any of the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship, and which have not been discharged before the material date, continue to apply with the substitution for the old authority of the relevant new authority.
Enforceability of rights
5
Subject to the following provisions of this Order, any right which was enforceable by or against any of the old authorities is enforceable by or against the relevant new authority.
Winding up of affairs of old authorities
6
It is the duty of each new authority to take, in accordance with such directions as may be given by the Regional Health Authority in whose region the district of the new authority is situated, such action as may be necessary for the winding up of the affairs of any old authority in relation to which it is the relevant new authority.
Accounts of old authorities
7
Any duty imposed on any of the old authorities by section 98 of the Act, but not performed by the material date, shall be performed by the relevent new authority in accordance with the provisions of that section, any regulations made under that section and any directions which may be given by the Secretary of State.
Provision for continuity in exercise of functions
8
1
Anything duly done by, or any application duly made by, or any direction, authorisation or notice duly given to or by, any of the old authorities is deemed to have been duly done by, or made or given to or by, the relevant new authority.
2
Any instrument made by any of the old authorities continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the relevant new authority.
3
Any form supplied by any of the old authorities and any form supplied by the Secretary of State relating to any of the old authorities continues to be a valid form in relation to the relevant new authority until it is cancelled or withdrawn by the Secretary of State or, as the case may be, the relevant new authority, as if any reference contained in the form to any of the old authorities were a reference to the relevant new authority.
Accommodation and services made available on payment of charges
9
To the extent that any accommodation and services at any hospital in the district of any of the old authorities are, immediately before the material date, authorised to be made available under section 65 of the Act, they continue to be authorised to be made available under that section, to the extent determined by that old authority, on or after that date until such authorisation is varied or revoked by the relevant new authority.
Investigation of complaints by Health Service Commissioner
10
1
A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to any of the old authorities, whether made before, on or after the material date, may be investigated by that Commissioner, notwithstanding the abolition of that authority, as if the complaint had been made in relation to the relevant new authority.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the new authority and to the Regional Health Authority in whose region the district of that new authority is situated.
Transfer of trust property of old authorities
11
Any trust property vested immediately before the material date in any of the old authorities shall on the material date be transferred to the relevant new authority.
Exercise of powers in relation to trusts
12
Where, immediately before the material date, any power to appoint trustees of a charity connected with purposes relating the the health service is under the trusts of the charity vested in any of the old authorities, that power vests on the material date in the relevant new authority.
Appointment of new trustees
13
Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include a person who is a trustee by virtue of his office with any of the old authorities, the trustees shall from that date instead include the holder of the corresponding office with the relevant new authority.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
6th March 1995


text:
Citation and commencement
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Miscellaneous Amendments) (No. 2) Regulations 1995 and shall come into force on 1st February 1996.
Amendment of the Occupational Pension Schemes (Preservation of Benefit) Regulations 1991
2
1
The Occupational Pension Schemes (Preservation of Benefit) Regulations 1991 are amended in accordance with the following provisions of this regulation.
2
In regulation 6 (means of assuring short service benefit), in paragraph (1), the words from “and the conditions” to the end are omitted.
3
In regulation 9 (bought out benefits), in paragraph (1), the words from “and which satisfies” to the end are omitted.
4
In regulation 12 (transfer of member’s accrued rights without consent), in paragraph (1) —
a
for “section 73(2)(a)” there is substituted “section 73(2)(a)(i)”; and
b
for sub-paragraphs (a) and (b) there is substituted the words “the conditions set out in paragraphs (2) and (3) of this regulation are satisfied”.
5
In regulation 21 (breaks in pensionable service), in paragraph (5)(b), the words from “and which satisfies” to “the Act” are omitted.
Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations 1987
3
1
After regulation 5 of the Personal Pension Schemes (Disclosure of Information) Regulations 1987 there is inserted the following regulation —
Member to be informed when contributions not received
5A
Where the trustees of any scheme have not received a payment of contributions (other than minimum contributions) by the date on or before which it was expected to be made, they shall inform the member concerned in writing before the expiry of three months from that date, unless the payment is received by them within that period.
.
2
In relation to any payment of contributions which was expected to be made before the coming into force of this regulation the Personal Pension Schemes (Disclosure of Information) Regulations 1987 shall have effect as if this regulation had not been made.
Signed by authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
29th November 1995


text:
1
The fees appearing in the Schedule to this Order are established. The Tables of the Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I of the Schedule (hereinafter referred to as “Table I”) in respect of the carrying out by them of the duties of their offices specified in the Appendix hereto (hereinafter referred to as “the Appendix”) and by the legal officers named in Table II of the Schedule in respect of the carrying out by them of the duties of their offices.
2
The Fees established and set out in the second column of Table I of the Schedule are to paid by the diocesan board of finance. The Fees established and set out in the third column of Table I and in Table II of the Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure1986.
3
The Legal Officers (Annual Fees) Order 1994 is hereby revoked.
4
The diocesan registrar shall perform the duties and provide the professional services set forth in the Appendix in consideration of the annual fee set out in Table I to this Order for his diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
5
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
6
A fee specified in the Schedule to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
7
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of the Appendix) there shall be payable in addition to that fee the amount of the Value Added Tax.
8
This Order may be cited as the Legal Officers (Annual Fees) Order 1995 and shall come into operation on the first day of January 1996.
Dated this 6th day of April 1995
R. B. Gibson
A. K. L. Black
M. J. Colman
+ Peter Crediton
C. A. McLintock
by the General Synod the 8th day of July 1995
P. J. C. Mawer
Secretary-General


text:
Citation and commencement
1
This Order may be cited as the Social Security (Canada) Order 1995 and shall come into force on 1st December 1995.
Modification of the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992
2
The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 and any regulations made or having effect thereunder shall be modified to such an extent as may be required to give effect to the provisions contained in the consolidated arrangements so far as the same relate to England, Wales and Scotland.
Revocation and Amendment of Orders and Regulations
3
1
The Family Allowances and National Insurance (Canada) Order 1959 , the National Insurance (Canada) Order 1962 , the National Insurance (Canada) Order 1973 and the Social Security (Canada) Order 1977 are hereby revoked.
2
The references to the Family Allowances and National Insurance (Canada) Order 1959, to the National Insurance (Canada) Order 1962 and to the National Insurance (Canada) Order 1973 shall be omitted in Schedule 1 to the Social Security (Reciprocal Agreements) Order 1976 and the reference to the Family Allowances and National Insurance (Canada) Order 1959 shall be omitted in the Schedule to the Child Benefit (Residence and Persons Abroad) Regulations 1976 .
N. H. Nicholls
Clerk of the Privy Council


text:
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 5) Order 1995 and shall come into force on 25th September 1995.
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of Section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State.
James Clappison
Parliamentary Under Secretary of State,
Department of the Environment
6th September 1995


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Haddock (Specified Sea Areas) (Prohibition of Fishing) Order 1995 and shall come into force on 5th December 1995.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels as amended ;
“sea area” means a statistical sub-area of the International Council for the Exploration of the Sea or the area known as CECAF Division 34.1.1. ( EC Zone) specified in the Schedule hereto.
Prohibition
2
1
Subject to paragraph (2) below, fishing:
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits ,
for haddock (Melanogrammus aeglefinus) in sea areas ICES Statistical Sub-Areas VII , VIII , IX , X and CECAF 34.1.1 (EC Zone) is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1996.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat when used for the purpose of conveying persons wishing to fish for pleasure.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
27th November 1995
Raymond Robertson
Parliamentary Under-Secretary of State, Scottish Office
4th December 1995
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under-Secretary of State, Welsh Office
4th December 1995
Denton of Wakefield
Parliamentary Under-Secretary of State, Northern Ireland
4th December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Darlington Memorial Hospital National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 8th June 1995.
2
In this Order —
“the Authority” means the South Durham Health Authority;
“the Trust” means the Darlington Memorial 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 December 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th June 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
10th May 1995


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Road Traffic Accidents (Payments for Treatment) Order 1995 and shall come into force on 17th April 1995.
2
This Order shall apply in relation to any case where, on or after 17th April 1995 —
a
treatment is first received for the purposes of section 157(1)(a) of the Act , or
b
treatment or an examination is effected for the purposes of section 158(1) of the Act.
3
In this Order “the Act” means the Road Traffic Act 1988 .
Maximum payments for hospital treatment of traffic casualties
2
In section 157(2) of the Act (maximum amounts of payments for hospital treatment of traffic casualities) for the sum of £2,856.00 there shall be substituted the sum of £2,949.00, and the sum of £286.00 there shall be substituted the sum of £295.00.
Payment for emergency treatment of traffic casualties
3
In section 158(2) of the Act (payments by users of vehicles of fees and mileage allowances to practitioners in respect of emergency treatment) for the sum of £20.65 there shall be substituted the sum of £21.30, and for the sum of 40 pence there shall be substituted the sum of 41 pence.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
24th March 1995
Hector Monro
Parliamentary Under Secretary of State, The Scottish Office
27th March 1995


text:
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Rate of Discount for 1995/96) Regulations 1995 and shall come into force on 1st April 1995.
2
The percentage rate of discount prescribed for the financial year beginning on 1st April 1995 for the purposes of section 49 of the Local Government and Housing Act 1989 shall be 9.1 per cent.
Signed by authority of the Secretary of State for the Environment.
David Curry
Minister of State,
Department of the Environment
28th February 1995
Signed by authority of the Secretary of State for Wales.
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
1st March 1995


text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Wiltshire (Borough of Thamesdown) (Structural Change) Order 1995 and shall come into force for the purposes of articles 2(2), 4, 6(1), (3) and (4), 9 and 10 on the day after the day on which it is made and for all other purposes on 1st April 1997.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“the relevant date” means 6th May 1996;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1997;
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 ;
“Thamesdown” (except in references to the county of Thamesdown) means the borough of Thamesdown and “the Thamesdown Council” means the council of that borough; and
“Wiltshire” means the non-metropolitan county of Wiltshire and “the County Council” means the council of that county.
2
The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of any statutory instrument made under the Act.
PART II
LOCAL GOVERNMENT REORGANISATION IN WILTSHIRE
Structural change
3
The functions of the County Council in relation to Thamesdown shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the Thamesdown Council.
Wiltshire Police Authority
4
1
In this article, “the 1964 Act ” means the Police Act 1964 .
2
For the purposes of the functions to which this article applies —
a
sub-paragraph (1) of paragraph 27 of Schedule 1B to the 1964 Act (meaning of “relevant council”) shall have effect as from 1st October 1996 as if Thamesdown had ceased to form part of Wiltshire on that date; and
b
accordingly, the appointments which are required to be made to the Wiltshire Police Authority (as established under section 3 of the 1964 Act) (“the Authority”) by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the County Council and the Thamesdown Council (as relevant councils) in accordance with that provision.
3
The functions to which this article applies are —
a
on and after the reorganisation date, all functions of the Authority; and
b
before that date (but on and after 1st October 1996), the following functions of the Authority in respect of the financial year beginning on the reorganisation date —
i
functions under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) , and
ii
functions under sections 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act .
4
For the purposes of the functions referred to in paragraph (3)(b) above —
a
section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 1B to the 1964 Act was a reference to the members so appointed by virtue of paragraph (2) above, and
b
the members of the Authority appointed under paragraph 2 of that Schedule otherwise than by virtue of paragraph (2) above shall not participate in the discharge of those functions.
5
In the exercise of its powers, the joint committee referred to in paragraph (2)(b) above —
a
shall, for the purposes of paragraph 4(1)(b) of Schedule 1B to the 1964 Act, ignore any member of the County Council elected for an electoral division in Thamesdown ; and
b
shall not appoint any such member to the Authority under paragraph 2(2) of Schedule 1B to the 1964 Act.
6
A member of the Authority who was appointed under paragraph 2 of Schedule 1B to the 1964 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of the Authority on the reorganisation date.
7
In determining the period of a term of years for the purpose of paragraph 17 of Schedule 1B to the 1964 Act (term of appointment of members of a police authority), any period as a member of the Authority prior to the reorganisation date under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of the Authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.
Amendment of Schedule 1A to the Police Act 1964
5
Schedule 1A to the Police Act 1964 shall be amended by inserting after the words “The county of Wiltshire” in the right-hand column opposite the name of the Wiltshire police area the words “and the non-metropolitan district of Thamesdown”.
Fire services
6
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947 ; and
“the relevant area” means the area comprising Wiltshire (as constituted on and after the reorganisation date) and Thamesdown.
2
Thamesdown shall, subject to any combination scheme under the 1947 Act, become the area of a fire authority for the purposes of that Act.
3
For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Wiltshire”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Wiltshire”.
4
Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Planning functions
7
1
Any structure plan applying immediately before the reorganisation date to Wiltshire and any proposals prepared before that date for the alteration or replacement of such a plan shall be treated as if they had been prepared jointly by the County Council and the Thamesdown Council; and section 50 of the Town and Country Planning Act 1990 (“the 1990 Act ”) shall apply accordingly.
2
In relation to the Thamesdown Council —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
c
include their waste policies in their local plan.
.
Constitution of new county of Thamesdown
8
1
Thamesdown shall cease to form part of Wiltshire.
2
A new county shall be constituted comprising the area of Thamesdown and shall be named the county of Thamesdown.
3
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the county of Thamesdown.
PART III
TRANSITIONAL PROVISION
Election of councillors in 1996 and subsequent years
9
1
The Borough of Thamesdown (Electoral Arrangements) Order 1986 shall be amended by the substitution of the following article for article 6 —
6
1
The whole number of councillors shall be elected at the ordinary elections of councillors in 1996.
2
Of the councillors elected in 1996 for any ward of the borough, other than Blunsdon, Chiseldon, Covingham, Haydon Wick and Ridgeway —
a
one shall retire in 1998 being, subject to paragraphs (4) and (5) below, the councillor elected by the smallest number of votes,
b
one shall retire in 1999 being, subject as aforesaid, the councillor elected by the next smallest number of votes,
c
the remaining councillor shall retire in 2000.
3
Of the councillors elected in 1996 for Haydon Wick ward —
a
one shall retire in 1999 being, subject to paragraphs (4) and (5) below, the councillor elected by the smallest number of votes,
b
the remaining councillor shall retire in 2000.
4
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
5
If an election of councillors for any ward is not contested, the person to retire in that year shall be determined by lot.
6
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
7
The councillors elected in 1996 for the Blunsdon and Chiseldon wards of the borough shall retire in 1998.
8
The councillor elected in 1996 for the Covingham ward of the borough shall retire in 1999.
9
The councillor elected in 1996 for the Ridgeway ward of the borough shall retire in 2000.
10
Except as otherwise provided in the foregoing paragraphs of this article, the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary day of election of councillors of the borough in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.
.
Retirement of councillors and casual vacancies
10
1
The councillors holding office for any ward in Thamesdown immediately before the relevant date shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
2
The electoral divisions of Wiltshire comprised in Thamesdown shall cease to be electoral divisions on the reorganisation date; and any person holding office, immediately before that date, as a councillor for such a division shall retire on that date .
3
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect —
a
in the case of a casual vacancy occurring in the office of councillor of the Thamesdown Council during the period beginning with the date on which this article comes into force and ending with the relevant date, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the relevant date; and
b
in the case of a casual vacancy occurring in the office of councillor for any electoral division referred to in paragraph (2) above, as if that reference in that subsection were a reference to the reorganisation date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
11th July 1995