text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 2) Regulations 1995 and shall come into force —
a
for the purposes of regulations 1, 2, 11, 13 and 18, on 1st April 1995;
b
for the purposes of regulations 5 and 9 —
i
in any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, on 1st April 1995, and
ii
in any other case, on 3rd April 1995;
c
for the purposes of regulations 10, 15, 16 and 19, on 13th April 1995; and
d
for the purposes of the remainder, on 17th April 1995.
2
In these Regulations —
a
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
b
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ; and
c
“the Supply of Information Regulations ” means the Housing Benefit (Supply of Information) Regulations 1988 .
Amendment of regulation 2 of the Housing Benefit Regulations
2
In regulation 2(1) of the Housing Benefit Regulations (interpretation), after the definition of “the Act” there shall be inserted the following definition —
“adjudication officer” means an officer appointed in accordance with section 38(1) of the Administration Act 1992 ;
.
Amendment of regulation 11 of the Housing Benefit Regulations
3
In regulation 11(3) of the Housing Benefit Regulations (restrictions on unreasonable payments), after sub-paragraph (b), there shall be inserted the following sub-paragraph —
bb
is treated as capable of work in accordance with regulations made under section 171E of the Contributions and Benefits Act ; or
.
Amendment of regulation 21A of the Housing Benefit Regulations
4
1
Regulation 21A of the Housing Benefit Regulations (treatment of child care charges) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (4) —
a
after sub-paragraph (a), there shall be inserted the following sub-paragraphs —
aa
the claimant’s applicable amount would include a disability premium or a higher pensioner premium on account of the other member’s incapacity but for that other member being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the Contributions and Benefits Act;
ab
the claimant (within the meaning of regulation 2) is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part XIIA of the Contributions and Benefits Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;
;
b
in sub-paragraph (b) for head (i) there shall be substituted the following head —
i
long-term incapacity benefit or short-term incapacity benefit at the higher rate under Schedule 4 to the Contributions and Benefits Act ;
.
3
At the end there shall be inserted the following paragraph —
5
For the purposes of paragraph (4), once paragraph (4)(ab) applies to the claimant, if he then ceases, for a period of 56 days of less, to be incapable, or to be treated as incapable, of work, that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.
.
Amendment of regulation 35 of the Housing Benefit Regulations
5
1
Regulation 35 of the Housing Benefit Regulations (notional income) shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (4) there shall be inserted the following paragraph —
4A
Where a claimant is in receipt of sickness benefit or invalidity pension up to and including 12th April 1995, the appropriate authority shall treat the claimant as possessing incapacity benefit —
i
in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 69(2)(b) (calculation of weekly amounts), from 1st April 1995 to 12th April 1995;
ii
in any other case, from 3rd April 1995 to 12th April 1995,
at the rate at which incapacity benefit is payable to him from 13th April 1995.
.
3
In paragraph (6), for the words “paragraphs (1) to (4)” there shall be substituted the words “paragraphs (1) to (4A)”.
Amendment of regulation 48A of the Housing Benefit Regulations
6
1
Regulation 48A of the Housing Benefit Regulations (full-time students to be treated as not liable to make payments in respect of a dwelling) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2), after sub-paragraph (b) there shall be inserted the following sub-paragraphs —
ba
whose applicable amount would include the disability premium but for his being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the Contributions and Benefits Act;
bb
who is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part XIIA of the Contributions and Benefits Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more then 56 days shall be treated as one continuous period;
.
3
After paragraph (2) there shall be inserted the following paragraph —
2A
For the purpose of paragraph (2), once paragraph (2)(bb) applies to a full-time student, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.
.
Amendment of regulation 51 of the Housing Benefit Regulations
7
1
Regulation 51 of the Housing Benefit Regulations (student’s eligible rent) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (c) of paragraph (2) —
a
the word “either”shall be omitted;
b
at the end of the sub-paragraph there shall be inserted the following heads —
iii
his applicable amount would include the disability premium but for his being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the Contributions and Benefits Act; or
iv
he is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, or work in accordance with the provisions of, and regulations made under, Part XIIA of the Contributions and Benefits Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;
.
3
At the end there shall be added the following paragraph —
3
For the purposes of paragraph (2), once paragraph (2)(c)(iv) applies to a student, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.
.
Amendment of Schedule 2 to the Housing Benefit Regulations
8
1
Paragraph 12 of Schedule 2 to the Housing Benefit Regulations (applicable amounts) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (1)(a)(i) —
a
for the words “an invalidity pension” there shall be substituted the words “long-term incapacity benefit”;
b
for the words “in the case of invalidity pension” there shall be substituted the words “in the case of long-term incapacity benefit”.
3
In sub-paragraph (1)(a)(ii) for the words “invalidity pension” there shall be substituted the words “long-term incapacity benefit”.
4
For head (b) of sub-paragraph (1), there shall be substituted the following head —
b
the claimant —
i
is incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the Contributions and Benefits Act (incapacity for work), and
ii
has been incapable, or has been treated as incapable, of work for a continuous period of not less than —
aa
in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act , 196 days;
bb
in any other case, 364 days.
.
5
In sub-paragraph (3) for the words “for the purposes of the provisions specified in that provision ”there shall be substituted the words“ or to be incapable of work”.
6
For sub-paragraph (6), there shall be substituted the following —
6
For the purposes of sub-paragraph (1)(b), where any two or more periods of incapacity are separated by a break of not more than 56 days, those periods shall be treated as one continuous period.
7
For the purposes of this paragraph, a reference to a person who is or was in receipt of long-term incapacity benefit includes a person who is or was in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Contributions and Benefits Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.
.
Amendment of Schedule 4 to the Housing Benefit Regulations
9
In Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other then earnings) after paragraph 55 there shall be added the following paragraph —
56
Where a claimant, to whom regulation 35(4A) applies, is in receipt of sickness benefit or invalidity pension up to and including 12th April 1995, and incapacity benefit on 13th April 1995, that sickness benefit or invalidity pension, as the case may be, to the extent that it is payable in respect of the period between 1st or 3rd April 1995, as the case may be, and 12th April 1995.
.
Amendment of the Supply of Information Regulations
10
1
The Supply of Information Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (information to be supplied by the Secretary of State to an appropriate authority) —
a
in sub-paragraph (k) for the words “sub-paragraphs (a) to (j), (l) or (m)” there shall be substituted the words “any of the foregoing or following sub-paragraphs of this paragraph”;
b
after sub-paragraph (m) there shall be added the following sub-paragraphs —
n
that a determination has been made that a claimant or any partner of his —
i
is, or is to be treated as, capable or incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the Contributions and Benefits Act 1992 (incapacity for work),
ii
falls to be disqualified for any period in accordance with regulations made under section 171E of that Act,
iii
is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act;
o
the period for which a claimant or any partner of his falls to be disqualified, or is treated as capable of work, in accordance with regulations made under section 171E of the Contributions and Benefits Act;
p
the number of days, or such period, as may be required, in respect of which a determination is made for the purposes of sub-paragraph (n)(i) or (iii);
q
the rate at which a claimant or any partner of his is receiving incapacity benefit;
r
any further information required for the purposes of determining —
i
the treatment of a claimant’s child care charges under regulation 21A of the Housing Benefit Regulations (treatment of child care charges),
ii
the treatment of a full-time student in respect of a dwelling under regulation 48A of the Housing Benefit Regulations (full-time students to be treated as not liable to make payments in respect of a dwelling),
iii
the calculation of a student’s eligible rent under regulation 51 of the Housing Benefit Regulations (eligible rent), or
iv
a person’s applicable amount under paragraph 11 of Schedule 2 to the Housing Benefit Regulations (disability premium),
where that person is incapable, or treated as incapable, of work in accordance with the provisions of, and regulations made under, Part XIIA of the Contributions and Benefits Act.
.
3
In regulation 3(1) (information to be supplied by an authority to the Secretary of State), after paragraph (c) there shall be inserted the following paragraph —
d
that, a claimant was entitled to housing benefit on 1st December 1993, his applicable amount included the disability premium on account of his own incapacity on 12th April 1995 and, he is age 58 or over on 13th April 1995.
.
Amendment of regulation 2 of the Council Tax Benefit Regulations
11
In regulation 2(1) of the Council Tax Benefit Regulations (interpretation), after the definition of “the 1992 Act” there shall be inserted the following definition —
“adjudication officer” means an officer appointed in accordance with section 38(1) of the Administration Act 1992 ;
.
Amendment of regulation 13A of the Council Tax Benefit Regulations
12
1
Regulation 13A of the Council Tax Benefit Regulations (treatment of child care charges) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (4) —
a
after sub-paragraph (a), there shall be inserted the following sub-paragraphs —
aa
the claimant’s applicable amount would include a disability premium or a higher pensioner premium on account of the other member’s incapacity but for that other member being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the Contributions and Benefits Act 1992;
ab
the claimant (within the meaning of regulation 2) is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part XIIA of the Contributions and Benefits Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;
;
b
in sub-paragraph (b), for head (i) there shall be substituted the following head —
i
long-term incapacity benefit or short-term incapacity benefit at the higher rate under Schedule 4 to the Contributions and Benefits Act 1992 ;
.
3
At the end there shall be inserted the following paragraph —
5
For the purpose of paragraph (4), once paragraph (4)(ab) applies to the claimant, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.
.
Amendment of regulation 26 of the Council Tax Benefit Regulations
13
1
Regulation 26 of the Council Tax Benefit Regulations (notional income shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (4) there shall be inserted the following paragraph —
4A
Where a claimant is in receipt of sickness benefit or invalidity pension up to and including 12th April 1995, the appropriate authority shall treat the claimant as possessing incapacity benefit from 1st April 1995 or the first Monday in April 1995, whichever date the appropriate authority shall select to apply in its area, to 12th April 1995 at the rate at which incapacity benefit is payable to him from 13th April 1995.
.
3
In paragraph (6), for the words “paragraphs (1) to (3)” there shall be substituted the words “paragraphs (1) to (4A)”.
Amendment of regulation 40 of the Council Tax Benefit Regulations
14
1
Regulation 40 of the Council Tax Benefit Regulations (students who are excluded from entitlement to council tax benefit) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3), after sub-paragraph (b) there shall be inserted the following sub-paragraphs —
ba
whose applicable amount would include the disability but for his being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the Contributions and Benefits Act 1992;
bb
who is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part XIIA of the Contributions and Benefits Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;
.
3
After paragraph (3) there shall be inserted the following paragraph —
3A
For the purposes of paragraph (3), once paragraph (3)(bb) applies to a full-time student if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.
.
Amendment of regulation 92 of the Council Tax Benefit Regulations
15
In regulation 92(1) of the Council Tax Benefit Regulations (information to be supplied by the Secretary of State to an appropriate authority) —
a
in sub-paragraph (k) for the words “sub-paragraphs (a) to (j), (l) or (m) above”there shall be substituted the words “any of the foregoing or following sub-paragraphs of this paragraph”;
b
after paragraph (m) there shall be added the following sub-paragraphs —
n
that a determination has been made that a person or any partner of his —
i
is, or is to be treated as, capable or incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the Contributions and Benefits Act 1992 (incapacity for work),
ii
falls to be disqualified for any period in accordance with regulations made under section 171E of that Act,
iii
is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act;
o
the period for which a person or any partner of his falls to be disqualified, or is treated as capable of work, in accordance with regulations made under section 171E of the Contributions and Benefits Act 1992;
p
the number of days, or such period, as may be required, in respect of which a determination is made for the purposes of sub-paragraph (n)(i) or (iii);
q
the rate at which a person or any partner of his is receiving incapacity benefit;
r
any further information required for the purposes of determining —
i
the treatment of a person’s child care charges under regulation 13A (treatment of child care charges),
ii
the treatment of a student’s entitlement to council tax benefit under regulation 40 (students who re excluded from entitlement to council tax benefit),
iii
a person’s applicable amount under paragraph 12 of Schedule 1 (disability premium),
where that person is incapable, or treated as incapable, of work in accordance with the provisions of, and regulations made under, Part XIIA of the Contributions and Benefits Act 1992.
.
Amendment of regulation 93 of the Council Tax Benefit Regulations
16
After regulation 93(1)(c) (information to be supplied by an appropriate authority to the Secretary of State) there shall be inserted the following paragraph —
d
that, a person was entitlted to council tax benefit on 1st December 1993, his applicable amount included the disability premium on account of his own incapacity on 12 April 1995 and, he is aged 58 or over on 13th April 1995.
.
Amendment of Schedule 1 to the Council Tax Benefit Regulations
17
1
Paragraph 13 of Schedule 1 to the Council Tax Benefit Regulations (applicable amounts) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (1)(a)(i) —
a
for the words “an invalidity pension” there shall be substituted the words “long-term incapacity benefit”;
b
for the words “in the case of invalidity pension” there shall be substituted the words “in the case of long-term incapacity benefit”.
3
In sub-paragraph (1)(a)(ii) for the words “invalidity pension” there shall be substituted the words “long-term incapacity benefit”.
4
For head (b) of sub-paragraph (1), there shall be substituted the following head —
b
the claimant —
i
is incapable of work in accordance with the provisions of and regulations made under, Part XIIA of the Contributions and Benefits Act (incapacity for work), and
ii
has been incapable, or has been treated as incapable, of work for a continuous period of not less than —
aa
in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Contributions and Benefits Act , 196 days;
bb
in any other case, 364 days
.
5
In sub-paragraph (3) for the words “for the purposes of the provisions specified in that provision” there shall be substituted the words “or to be incapable of work”
6
For sub-paragraph (6) there shall be substituted the following —
6
For the purposes of sub-paragraph (1)(b), where any two or more periods of incapacity are separated by a break of not more than 56 days, those periods shall be treated as one continuous period.
6A
For the purposes of this paragraph, a reference to a person who is or was in receipt of long-term incapacity benefit includes a person who is or was in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Contributions and Benefits Act 1992 (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.
Amendment of Schedule 4 to the Council Tax Benefit Regulations
18
In Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) after paragraph 54 there shall be added the following paragraph —
55
Where a claimant, to whom regulation 26(4)(A) applies, is in receipt of sickness benefit or invalidity pension up to and including 12th April 1995, and incapacity benefit on 13th April 1995, that sickness benefit or invalidity pension, as the case may be, to the extent that it is payable in respect of the period between 1st or 3rd April 1995, as the case may be, and 12th April 1995.
.
Transitional provisions
19
1
Where, on 12th April 1995, the disability premium was applicable to a claimant by virtue of paragraph 12(1)(b) of Schedule 2 to the Housing Benefit Regulations or paragraph 13(1)(b) of Schedule 1 to the Council Tax Benefit Regulations, as in force on that date, the disability premium shall continue to be applicable to that claimant from 13th April 1995 and for so long as he is incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the Social Security Contributions and Benefits Act 1992 (incapacity for work).
2
Paragraph (1) shall not apply to a claimant who ceases to be incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the Social Security Contributions and Benefits Act 1992 (incapacity for work) for a period of more than 56 continuous days.
3
Where, in any period immediately preceding 13th April 1995, the circumstances mentioned in paragraph 12(6) of Schedule 2 to the Housing Benefit Regulations, or paragraph 13(6) of Schedule 1 to the Council Tax Benefit Regulations, as in force on 12th April 1995, applied to a claimant to whom the disability premium was not applicable, that claimant shall be treated for the purposes of regulations 21A(4)(ab), 48A(2)(bb) and 51(2)(c)(iv) of, and paragraph 12(1)(b) of Schedule 2 to, the Housing Benefit Regulations or regulations 13A(4)(ab) and 40(3)(bb) of, and paragraph 13(1)(b) of Schedule 1 to, the Council Tax Benefit Regulations, as the case may be, as if he had been incapable of work in accordance with the provisions of, and regulations made under, Part XIIA of the Social Security Contributions and Benefits Act 1992 (incapacity for work) throughout that period.
Saving
20
Where the higher pensioner premium was applicable to a claimant on, or at any time during the 56 days immediately preceding, 12th April 1995 by virtue of paragraph 12(1)(a)(ii) of Schedule 2 to the Housing Benefit Regulations, or paragraph 13(1)(a)(ii) of Schedule 1 to the Council Tax Benefit Regulations, as in force on that date, paragraph 12 of Schedule 2 to the Housing Benefit Regulations, or paragraph 13 of Schedule 1 to the Council Tax Benefit Regulations, shall continue to apply in that claimant’s case, as the case may be, as if regulations 8 or 17 of these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
8th March 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Alexandra Health Care National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 6th July 1995.
2
In this Order —
“the Authority” means the North Worcestershire Health Authority;
“the Trust” means the Alexandra Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 2nd February 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th 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
7th June 1995


text:
Title and commencement
1
These Regulations may be cited as the Meat (Hygiene, Inspection and Examinations for Residues) (Charges) (Amendment) Regulations 1995 and shall come into force on 24th November 1995.
Amendment of the principal Regulations
2
For Part II of Schedule 1 to the Meat (Hygiene, Inspection and Examinations for Residues) (Charges) Regulations 1995 there shall be substituted the following —
PART II
RESIDUES EXAMINATION CHARGES
(1) (2) Animal Charge per carcase
Bovine animals £0.3666 Swine £0.0978 Solipeds £0.3058 Sheep and goats £0.0184.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
31st October 1995
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under-Secretary of State,
Department of Health
30th October 1995
Signed by authority of the Secretary of State for Wales:
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
31st October 1995
Raymond Robertson
Parliamentary Under-Secretary of State, Scottish Office
31st October 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Ophthalmic Services) Amendment Regulations 1995 and shall come into force on 1st April 1995.
2
In these regulations, the “ principal Regulations ” means the National Health Service (General Ophthalmic Services) Regulations 1986 .
Amendment of regulation 2 of the principal Regulations
2
— In regulation 2(1) of the principal Regulations (interpretation), after the definition of “deputy” there is inserted the following definition —
“disability working allowance” means disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 ;
.
Amendment of regulation 13 of the principal Regulations
3
1
In regulation 13(2) of the principal Regulations (sight tests — eligibility) the word “or” at the end of paragraph (e) is omitted and after paragraph (f) there is inserted —
g
he is in receipt of disability working allowance and his capital resources, calculated in accordance with the regulations concerning entitlement to that allowance , were not more than £8,000 at the time that allowance was claimed; or
h
he is a member of the same family as the person described in paragraph (g) of this paragraph.
.
2
For regulation 13(3) of the principal Regulations, there is substituted —
3
In paragraph (2), “family” (in references to membership of the same family) has the meaning given to it by section 137(1) of the Social Security Contributions and Benefits Act 1992 —
a
as it applies to income support , in the case of paragraph (2)(b) and (f);
b
as it applies to family credit , in the case of paragraph (2)(d); and
c
as it applies to disability working allowance , in case of paragraph (2)(h).
.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
6th March 1995


text:
1
This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995 and shall come into force on 1st December 1995.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Maintenance Orders (Reciprocal Enforcement) Act 1972 ; and
“specified State” means a State specified in Schedule 1 to this Order.
3
The provisions of Part I of the Act shall apply, with the exceptions, adaptations, and modifications specified in Schedule 2 to this Order, to maintenance orders made by courts in the United Kingdom and to maintenance orders made by courts in a specified State, and accordingly Part I of the Act shall, in relation to such orders, have effect as set out in Schedule 3 to this Order.
N. H. Nicholls
Clerk of the Privy Council


text:
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 3) Order 1995 and shall come into force on 22nd June 1995.
2
The Offshore Installations (Safety Zones) (No. 2) Order 1995 1995 is hereby revoked.
Signed by order of the Secretary of State
Phillip Oppenheim
Parliamentary Under Secretary of State,
Department of Employment
21st June 1995


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Specified Periods) (England) (Amendment) Regulations 1995 and shall come into force on 1st January 1996.
Amendment of Regulations
2
The Local Government Act 1988 (Defined Activities) (Specified Periods) (England) Regulations 1995 (“the Regulations”) shall be amended as follows —
a
In regulation 3 (application), omit the words “including a statement of the period during which the work is to be carried out”; and
b
in regulation 4 (disapplication of previous regulations) insert the words “regulation 3 of” before the words “the Local Government Act 1988 (Defined Activities) (Competition) (England) Regulations 1990”.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
4th December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Whittington Hospital National Health Service Trust (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 Trust” means the Whittington 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 19th August 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 17th May 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
19th April 1995


text:
1
1
These Regulations may be cited as the Counterfeit and Pirated Goods (Customs) Regulations 1995 and shall come into force on 1 July 1995.
2
In these Regulations —
“the Council Regulation” means Council Regulation ( EC ) No. 3295/94 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods;
“application” means an application under Article 3(1) of the Council Regulation and “applicant” shall be construed accordingly;
“counterfeit goods” and “pirated goods” have the same meanings as in the Council Regulation;
“offending goods” means counterfeit goods or pirated goods or goods which are to be treated as counterfeit goods or pirated goods by virtue of Article 1(3) of the Council Regulation;
“the Commissioners” means the Commissioners of Customs and Excise.
2
An application shall be made to the Commissioners in the form set out in the Schedule to these Regulations, or a form to the like effect approved by the Commissioners, containing full particulars of the matters specified therein.
3
The applicant shall give to the Commissioners such security or further security within such time and in such manner, whether by deposit of a sum of money or guarantee as the Commissioners may require, against all actions, proceedings, claims and demands whatsoever which may be taken or made against, or costs and expenses which may be incurred by, them in consequence of the detention of any goods to which the application relates.
4
In every case, whether any security or further security is given or not, the applicant shall keep the Commissioners indemnified against all such liability and expense as is mentioned in regulation 3 above and in particular shall repay to them all expense which may be incurred by them in consequence of the detention of, or anything done in relation to, any goods to which the application relates.
5
In respect of the application, the applicant shall pay the Commissioners a fee of £185 plus VAT for the first month or part of a month and £165 plus VAT for each subsequent month of the period specified in any decision made by them under Article 3(5) of the Council Regulation granting the application.
6
The applicant shall pay the Commissioners a fee of £165 plus VAT for each additional month that the period is extended by them.
7
In the event that the Commissioners supply the applicant with a sample of detained goods which appears to them both to correspond to the description of goods contained in a decision under Article 3(5) of the Council Regulation granting his application and to be offending goods the applicant shall, within 10 days of being requested by the Commissioners, or within such further time as the Commissioners may allow, confirm to them in writing whether or not in his opinion the sample is comprised of offending goods, giving his reasons, by reference to characteristics of the sample or its packaging or otherwise.
8
An application shall have no effect or no further effect where —
a
the applicant has failed to comply with any of the requirements of these Regulations, or
b
any change, following the making of the application, which takes place in the ownership or authorised use of the trade mark or other right specified in the application, is not communicated in writing to the Commissioners, or
c
the trade mark or other right specified in the application expires.
9
The Counterfeit Goods (Customs) Regulations 1987 are hereby revoked.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
6th June 1995


text:
Citation and commencement
1
These Regulations may be cited as the Education (Pupil Registration) Regulations 1995 and shall come into force on 1st September 1995.
Interpretation
2
In these Regulations —
“maintained school” means a school maintained by a local education authority, a grant-maintained school and a grant-maintained special school;
“proprietor” in the case of a maintained school means the governing body of the school and otherwise has the meaning assigned to it by section 114 of the Education Act 1944.
Revocation
3
The Pupils' Registration Regulations 1956 shall be revoked.
Amendment of the Education (Schools and Further Education) Regulations 1981
4
Regulations 11 and 12 of the Education (Schools and Further Education) Regulations 1981 shall be omitted.
Registers to be kept
5
The proprietor of every school shall cause to be kept —
a
an admission register; and
b
except in the case of a school of which all the pupils are boarders, an attendance register.
Contents of Admission Register
6
1
The admission register for every school shall contain an index in alphabetical order of all the pupils at the school and shall also contain the following particulars in respect of every such pupil —
a
name in full;
b
sex;
c
the name and address of every person known to the proprietor of the school to be a parent of the pupil and, against the entry on the register of the particulars of any parent with whom the pupil normally resides, an indication of that fact and a note of at least one telephone number at which the parent can be contacted in an emergency;
d
day, month and year of birth;
e
day, month and year of admission or re-admission to the school; and
f
name and address of the school last attended, if any.
2
In the case of every school which includes boarding pupils a statement as to whether each pupil of compulsory school age is a boarder or a day pupil shall be added to the particulars specified in paragraph (1), and that statement shall be amended accordingly where a registered pupil at the school becomes or ceases to be a boarder at the school.
Contents of Attendance Register
7
1
There shall be recorded in the attendance register at the commencement of each morning and afternoon session the following particulars —
a
the presence or absence of every pupil whose name is entered in and not deleted from the admission register; and
b
in the case of any such pupil of compulsory school age who is absent, a statement whether or not his absence is authorised in accordance with paragraph (3):
but this paragraph does not apply in respect of a pupil who is a boarder.
2
For the purposes of this regulation only a pupil is of compulsory school age unless —
a
he has not attained the age of five years before the commencement of the term of which the session forms part; or
b
he has attained the age of sixteen years before 1st September in the school year of which the session forms part.
3
In the case of a pupil who is not a boarder, his absence shall be treated as authorised for the purposes of this regulation if —
a
he has been granted leave of absence in accordance with regulation 8;
b
he is unable to attend —
i
by reason of sickness or any unavoidable cause;
ii
on a day exclusively set apart for religious observance by the religious body to which his parent belongs; or
iii
because the school is not within walking distance of the pupil’s home, and no suitable arrangements have been made by the local education authority either for his transport to and from the school, or for boarding accommodation for him at or near the school or for enabling him to become a registered pupil at a school nearer to his home; or
c
in the case of a pupil who is registered as a pupil at more than one school in accordance with regulation 10, because he is attending another school at which he is a registered pupil.
4
Where the reason for a pupil’s absence cannot be established at the commencement of a session, that absence shall be recorded as unauthorised and any subsequent correction to the register recording that absence as authorised shall be made in accordance with regulation 14 and as soon as practicable after the reason for the absence is established by the person with responsibility for completing the register.
5
The name of a pupil may only be deleted from the attendance register when that pupil’s name has been deleted from the admission register for that school in accordance with regulation 9.
6
For the purposes of this regulation “walking distance” has the meaning given to that expression in section 199(5) of the Education Act 1993 .
Leave of absence
8
1
Leave of absence may only be granted by a person authorised in that behalf by the proprietor of the school.
2
Leave of absence shall not be granted to enable a pupil to undertake employment (whether paid or unpaid) during school hours except —
a
employment in pursuance of arrangements made or approved under the Education (Work Experience) Act 1973 ;
b
employment for the purpose of taking part in a performance within the meaning of section 37 of the Children and Young Persons Act 1963 under the authority of a licence granted by the local authority under that section; or
c
employment abroad for a purpose mentioned in section 25 of the Children and Young Persons Act 1933 where a licence has been granted under that section by a police magistrate as defined in paragraph (9) of that section.
3
Subject to paragraph (4), on application made by a parent with whom the pupil normally resides, a pupil may be granted leave of absence from the school to enable him to go away on holiday.
4
Save in exceptional circumstances, a pupil shall not in pursuance of paragraph (3) be granted more than ten school days leave of absence in any school year.
Deletions from Admission Register
9
1
The following are prescribed as the grounds on which the name of a pupil of compulsory school age shall be deleted from the admission register —
a
where the pupil is registered at the school in accordance with the requirements of a school attendance order, that another school is substituted by the local education authority for that named in the order or the order is revoked by the local education authority on the ground that arrangements have been made for the child to receive efficient full-time education suitable to his age, ability and aptitude otherwise than at school;
b
except as provided in regulation 10, in a case not falling within sub-paragraph (a) of this paragraph, that he has been registered as a pupil of another school;
c
in a case not falling within sub-paragraph (a) of this paragraph, that he has ceased to attend the school and the proprietor has received written notification from the parent that the pupil is receiving education otherwise than at school;
d
except in the case of a boarder, that he has ceased to attend the school and no longer ordinarily resides at a place which is a reasonable distance from the school at which he is registered;
e
in the case of a pupil granted leave of absence exceeding ten school days for the purpose of a holiday in accordance with regulation 8(3), that the pupil has failed to attend the school within the ten school days immediately following the expiry of the period for which such leave was granted, and the proprietor is not satisfied that the pupil is unable to attend the school by reason of sickness or any unavoidable cause;
f
that he is certified by the school medical officer as unlikely to be in a fit state of health to attend school before ceasing to be of compulsory school age;
g
that he has been continuously absent from school for a period of not less than four weeks and both the proprietor of the school and the local education authority have failed, after reasonable enquiry, to locate the pupil;
h
that the pupil has died;
i
that he will cease to be of compulsory school age before the school next meets and intends to cease to attend the school;
j
in the case of a pupil at a school other than a maintained school, that he has ceased to be a pupil of the school;
k
where the pupil is registered at a maintained school, that he has been permanently excluded from the school; or
l
where the pupil has been admitted to the school to receive nursery education, he has not on completing such education transferred to a reception class at the school.
2
In a case not covered by paragraph (1)(a), (h) or (k), or regulation 10, the name of a child who has under arrangements made by a local education authority become a registered pupil at a special school shall not be removed from the admission register of that school without the consent of that authority or, if that authority refuse to give consent, without a direction of the Secretary of State.
3
The following are prescribed as the grounds on which the name of a pupil not of compulsory school age is to be deleted from the admission register —
a
that he has ceased to attend the school, or, in the case of a boarder, that he has ceased to be a pupil of the school;
b
that he has been continuously absent from the school for a period of not less that four weeks and the proprietor of the school has failed, after reasonable enquiry, to locate the pupil;
c
that the pupil has died;
d
where the pupil has been admitted to the school to receive nursery education, he has not on completing such education transferred to a reception class at the school; or
e
where the pupil is registered at a maintained school, that he has been permanently excluded from the school.
4
For the purposes of this regulation —
a
a pupil shall be treated as ordinarily residing at a place where the pupil is habitually and normally resident apart from temporary or occasional absences;
b
“reception class” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate together with pupils of that age;
c
children are to be regarded as having been admitted to a school to receive nursery education if they were placed on admission in a nursery class; and
d
the permanent exclusion of a pupil does not take effect until —
i
any review under the articles of government for the school of the decision to exclude him has been completed, and
ii
any time for appealing under section 26 of the Education ( No. 2) Act 1986 or those articles has expired without such an appeal being made, such an appeal has been finally concluded or the parents have given notice in writing that they do not intend to appeal.
Dual registration
10
1
Where a pupil is registered as a pupil at a pupil referral unit and at a school other than a pupil referral unit, the name of that pupil shall not be removed from the admission register of either the unit or the school pursuant to regulation 9(1)(b) without the consent of both the local education authority by which the unit is maintained and the proprietor of the school.
2
Subject to paragraph (3) where a pupil —
a
is registered as a pupil at a special school (including a special school established in a hospital) and at another school (other than a pupil referral unit), and
b
there is not maintained for that pupil a statement of special educational needs specifying the name of the special school only,
the name of that pupil shall not be removed from the admission register of either school pursuant to regulation 9(1)(b) without the consent of the proprietor of both schools.
3
Where a pupil is registered as a pupil at a special school established in a hospital and at another special school the name of that pupil shall not be removed from the admission register of either school pursuant to regulation 9(1)(b) without the consent of the proprietor of both schools.
4
The requirements to obtain consent in paragraphs (1) to (3) do not apply in cases covered by regulation 9(1)(h) and (k).
Inspection of registers
11
1
The admission register and the attendance register of every school shall be available for inspection during school hours by —
a
any of Her Majesty’s Inspectors of Schools appointed under section 1(2) or 5(2) of the Education (Schools) Act 1992 ;
b
any inspector registered under section 10 of that Act; and
c
in the case of a school maintained by a local education authority, any officer of the local education authority authorised for the purpose.
Extracts from registers
12
The persons authorised by regulation 11 to inspect the admission register and attendance register of any school shall be permitted to make extracts from those registers for the purposes of the Education Acts 1944 to 1994.
Returns
13
1
Subject to paragraph (2), the proprietor of every school shall make, in the case of a school maintained by a local education authority to that authority, and in every other case to the local education authority for the area in which the school is situated, at such intervals as may be agreed between the proprietor and the local education authority, or as may be determined by the Secretary of State in default of agreement, a return giving the full name and address of every registered pupil of compulsory school age who —
a
fails to attend the school regularly; or
b
has been absent from the school for a continuous period of not less than ten school days, and specifying the cause of absence if known to the proprietor.
2
Paragraph (1) shall not apply with respect to any absence from the school —
a
due to sickness of the pupil in respect of which a medical certificate has been furnished to the head teacher,
b
due to leave of absence granted by a person authorised in that behalf by the proprietor of the school in accordance with regulation 8, and
c
of a pupil who is registered at more than one school in accordance with regulation 10, due to the pupil attending another school at which he is a registered pupil.
3
When the name of a pupil has been deleted from the admission register in accordance with regulation 9(1)(c) the proprietor shall make a return to the local education authority giving the full name and address of that pupil within the ten school days immediately following the date on which the pupil’s name was so deleted.
Method of making entries
14
Every entry in an admission register or attendance register shall be written in ink and any correction shall be made in such a manner that the original entry and the correction are both clearly distinguishable.
Preservation of registers
15
Every entry in an admission register or attendance register shall be preserved for a period of three years after the date on which the entry was made.
Use of computers
16
1
Nothing in these Regulations shall be taken to prevent the keeping of an admission register or an attendance register by means of a computer, but where such a register is so kept the following paragraphs of this regulation shall apply for the purpose of modifying the requirements of these Regulations.
2
The requirements of regulation 5 shall not be treated as satisfied unless a print is made of the attendance register not less than once a month and of the admission register not less than once a year.
3
The requirements of regulation 14 shall not be treated as satisfied unless, where any correction to an original entry in the registers is made, prints of the register in question made after the correction distinguish clearly between the original entry and the correction.
4
The requirements of regulation 15 shall not be treated as satisfied, in the case of an attendance register, unless each print of the attendance register relating to a particular school year is retained in a single volume for that year and that volume is retained for a period of three years after the end of that school year.
5
A print of a register produced by means of a computer shall for the purposes of regulation 14 be taken to be made in ink.
6
The provisions of this regulation are without prejudice to the requirements of the Data Protection Act 1984.
Robin Squire
Parliamentary Under-Secretary of State,
Department for Education and Employment
31st July 1995
William Hague
Secretary of State for Wales
7th August 1995


text:
1
This Order may be cited as the Value Added Tax (Treatment of Transactions) Order 1995 and shall come into force on the day that the Finance Bill 1995 is passed.
2
In this Order —
“works of art” means —
paintings, drawings and pastels executed by hand but not comprised in manufactured articles that have been hand-painted or hand-decorated; collages and similar decorative plaques;
original engravings, lithographs and other prints;
original sculptures and statuary, in any material.
3
1
Subject to paragraph (3) below, the transfer of ownership in —
a
second-hand goods imported from a place outside the member States with a view to their sale by auction;
b
works of art imported from a place outside the member States for the purposes of exhibition, with a view to possible sale,
at a time when the second-hand goods or works of art, as the case may be, are still subject to arrangements for temporary importation with total exemption from import duty in accordance with Articles 137 to 141 and paragraph 1 of Article 144 of Council Regulation ( EEC ) No. 2913/92 and paragraph 1(a) or (c) (as the case may require) and paragraphs 2 and 3 of Article 682 of Commission Regulation (EEC) No. 2454/93 , shall be treated as neither a supply of goods nor a supply of services.
2
Subject to paragraph (3) below, the provision of any services relating to a transfer of ownership falling within paragraph (1)(a) or (b) above shall be treated as neither a supply of goods nor a supply of services.
3
Paragraphs (1) and (2) above shall not apply in relation to any transfer of ownership in second-hand goods which is effected otherwise than by sale by auction.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 1995


text:
1
This Order may be cited as the A30 Trunk Road (Great South West Road, Hounslow) (Temporary Restriction of Traffic) Order 1995 and shall come into force on the 12th November 1995.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the roads, or lengths of road, mentioned in the schedule to this Order should be restricted because works are being or are proposed to be executed on or near those roads or lengths of road.
3
During the period starting at 22.00 hours on 12th November 1995 for a period of three months or when those works have been completed, whichever is the sooner, the restrictions specified in article 4 below shall have effect.
4
Subject to the provisions of article 5 below, no person shall cause or permit any vehicle to —
a
turn right on entering the A30 Great South West Road from Fagg’s Road;
b
turn right on entering the A30 Great South West Road from Hatton Road;
c
proceed south bound into Fagg’s Road on entering the A30 Great South West Road from Hatton Road;
d
proceed north bound into Hatton Road on entering the A30 Great South West Road from Fagg’s Road;
e
turn right into Fagg’s Road from the A30 Great South West Road east bound;
f
remain at rest within the gap in the median strip of the A30 Great South West Road at its junction with Fagg’s Road and Hatton Road.
5
1
The restrictions specified in article 4 above shall apply only during such times and to such extent as shall from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The restrictions specified in article 4 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
11th November 1995


text:
Citation and commencement
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) (No. 2) Order 1995 and shall come into force on 21st August 1995.
Specified Bodies
2
The following bodies are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985 (priority of charges) —
a
Barshelfco (No. 68) Limited;
b
C L Mortgages Limited;
c
Legal & General Mortgages Limited;
d
Market Harborough Mortgages Limited;
e
Newbury Mortgage Services Limited;
f
West Bromwich Mortgage Company Limited.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
24th July 1995
We consent,
Simon Burns
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
31st July 1995


text:
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment) Regulations 1995 and shall come into force on 6th October 1995.
2
In regulation 5(1) of the Taxes (Interest Rate) Regulations 1989 —
a
for “6th November 1994” there shall be substituted “6th October 1995”;
b
for “8 per cent. per annum” there shall be substituted “7.75 per cent. per annum”.
Bowen Wells
David Willets
Two of the Lords Commissioners of Her Majesty’s Treasury
15th September 1995


text:
Extent, citation and commencement
1
These Regulations, which extend to England and Wales and Scotland, may be cited as the Police (Disposal of Sound Equipment) Regulations 1995 and shall come into force on 10th April 1995.
Property to which Regulations apply
2
1
Subject to paragraph (2) below, these Regulations apply to property in the possession of the police which has been forfeited by order under section 66(1) of the Criminal Justice and Public Order Act 1994 (“the 1994 Act ”) provided that —
a
not less than six months have expired from the date on which the order was made, and
b
either —
i
no application by a claimant of the property has been made under section 66(5) of the 1994 Act, or by virtue of section 66(6); or
ii
no such application has succeeded.
2
Where, within the period specified in paragraph (1)(a) above —
a
an application by a claimant of the property has been made under section 66(5) of the 1994 Act or by virtue of section 66(6), or
b
the person upon whose conviction the court ordered the forfeiture of the property under section 66(1) of that Act has appealed against his conviction or sentence,
these Regulations shall not apply to the property until the application or appeal has been determined.
Disposal of property
3
Property to which these Regulations apply shall be disposed of by sale or, if a police officer not below the rank of superintendent is satisfied that the nature of the property is such that it is not in the public interest that it should be sold, by other means in accordance with his directions.
Application of proceeds of sale
4
1
The proceeds of any sale under regulation 3 above shall be paid to the police authority and shall be kept in a separate account (referred to in this regulation as “the Fund”).
2
The Fund, or any part thereof, may be invested as the police authority think fit and the income derived from the investments shall be added to and become part of the Fund.
3
The money, including income from investments, standing to the credit of the Fund shall be applicable —
a
to defray expenses incurred in the conveyance, storage and safe custody of the property to which these Regulations apply and in connection with its sale and otherwise in executing these Regulations;
b
to make such payments of such amounts as the police authority may determine for such charitable purposes as they may select.
4
The Fund shall be audited by an auditor nominated for that purpose by the police authority.
5
In this Regulation, references to the police authority shall, in respect of the metropolitan police district, be taken instead to be references to the Receiver for that district.
Home Office
Michael Howard
One of Her Majesty’s Principal Secretaries of State
10th March 1995


text:
1
These Regulations may be cited as the Insurance (Fees) Regulations 1995 and shall come into force on 1st April 1995.
2
The Insurance (Fees) Regulations 1994 are hereby revoked.
3
In these Regulations —
“ the Act ” means the Insurance Companies Act 1982;
“Community deposit company” means an insurance company (other than a pure reinsurer) whose head office is not in a member State and which has made a deposit in a member State other than the United Kingdom in accordance with section 9(1)(c) as it has effect in pursuance of section 9(2)(b) of the Act;
“gross premiums receivable” means the gross amount of premiums receivable required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate (or, where by reason of an order made under section 68 of the Act such amounts are not required to be included, the amount which would otherwise have been required to be so included) being —
in the case of a company (other than a Community deposit company or a Swiss general insurance company) which carries on either long term business or general business but not both, premiums receivable in respect of its global business;
in the case of a company (other than a Community deposit company) which carries on both long term business and general business, the sum of premiums receivable in respect of its global long term business and its global general business;
in the case of a Community deposit company which carries on either long term business or general business but not both through a branch in the United Kingdom, premiums receivable in respect of its United Kingdom branch business;
in the case of a Community deposit company which carries on both long term business and general business through a branch in the United Kingdom, the sum of premiums receivable in respect of its United Kingdom branch long term business and United Kingdom branch general business;
in the case of a Swiss general insurance company which carries on general business through a branch in the United Kingdom, premiums receivable in respect of its United Kingdom branch business;
“group” means a body corporate together with: —
all of its wholly-owned subsidiaries;
any body corporate of which it is a wholly-owned subsidiary;
all bodies corporate which are wholly-owned subsidiaries of any such body corporate as is first mentioned in (b) above;
“pure reinsurer” means an insurance company whose authorisation to carry on business in the United Kingdom is restricted to reinsurance;
“wholly-owned subsidiary” has the meaning given to it by section 736(2) of the Companies Act 1985 ;
“winding up” includes an analogous procedure under any jurisdiction other than that of any part of the United Kingdom
and words and expressions which are also used in the Act shall have the same construction as in the Act (but nothing in regulation 71 of the Insurance Companies (Third Insurance Directives) Regulations 1994 or regulation 15 of the Insurance Companies (Amendment) Regulations 1994 shall have effect for the purposes of these Regulations).
4
Subject to regulations 5 to 8 below, when documents are deposited under section 22(1) of the Act the insurance company concerned shall pay to the Secretary of State the fee as set out in the table below, according to the amount of its gross premiums receivable for the financial year to which the documents deposited relate:
Gross premiums receivable Fee
Over £250,000 up to and including £500,000 £310 Over £500,000 up to and including £2,000,000 £1,220 Over £2,000,000 up to and including £5,000,000 £10,750 Over £5,000,000 up to and including £10,000,000 £13,500 Over £10,000,000 up to and including £20,000,000 £17,050 Over £20,000,000 up to and including £50,000,000 £18,200 Over £50,000,000 £20,250
5
These Regulations do not apply in the case of —
a
an EC company; or
b
any other insurance company where its gross premiums receivable in respect of the financial year to which documents deposited by it under section 22(1) of the Act relate do not exceed £250,000.
6
1
Subject to paragraph (2) below, where the sum of the fees payable under regulations 4 and 5 above by all the insurance companies within a group exceeds £141,750 the fee in respect of each of those insurance companies shall be abated proportionately so that the sum of the fees payable by those insurance companies is £141,750.
2
For the purposes of paragraph (1) above, an insurance company shall be deemed to be a member of a group at the date upon which it deposits documents in respect of a financial year in accordance with section 22(1) of the Act if it was a member of that group at the end of the financial year to which those documents relate.
7
No fee shall be payable under regulation 4 where, at the date upon which documents are deposited under section 22(1) of the Act —
a
the insurance company is subject to the process of winding up and cannot lawfully effect any contracts of insurance; or
b
the insurance company is subject to a direction by the Secretary of State given under section 11 of the Act or section 11 of the Insurance Companies Act 1981 , or given under section 12A of the Act and confirmed by the Secretary of State pursuant to section 12A(6) of the Act , that it shall cease to be authorised to effect contracts of insurance (including reinsurance) of all classes for which it had been authorised under section 3 or 4 of the Act or under section 3 or 4 of the said Act of 1981; or
c
the insurance company is subject to a restriction imposed under section 68 of the Companies Act 1967 or section 13 of the Insurance Companies Amendment Act 1973 , or imposed or deemed to have been imposed under section 29 of the Insurance Companies Act 1974 , which, in any of those cases and taking into account the authorisation of the company, has the result that the company is prohibited from effecting any contract of insurance (including reinsurance) in the United Kingdom.
8
These Regulations do not apply when copies of an abstract of an actuary’s report of an investigation made under section 18(1) of the Act are deposited with the Secretary of State unless the abstract is of a report of an investigation which is required to be made by paragraph (a) of that subsection.
9
Where a statement is deposited under section 86(1) of the Act by the Council of Lloyd’s it shall pay to the Secretary of State a fee of £101,250.
10
For the purposes of section 94A(6) of the Act, the relevant functions of the Secretary of State in relation to insurance companies and the members of Lloyd’s are anything done for the purpose of or in connection with —
a
sections 11 to 13, Part II, sections 75 and 78, Part IV and section 94A of the Act , including prosecution of offences alleged to have been committed under any of those provisions or under provisions in earlier legislation which are analogous to those provisions;
b
section 98 of the Act in respect of the functions set out in sub-paragraph (a) above;
c
proposals for United Kingdom and European Communities legislation.
Jonathan Evans
Parliamentary Under-Secretary of State,
Department of Trade and Industry
9th March 1995


text:
1
This Order may be cited as the Merchant Shipping Act 1970 (Commencement No. 12) Order 1995.
2
The provisions of the Merchant Shipping Act 1970 specified in the first column of the Schedule to this Order (which relate to the matters specified in the second column of the Schedule) shall come into force on 1st August 1995.
Signed by the authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,Department of Transport
1st June 1995


text:
1
This Order may be cited as the Tribunals and Inquiries (Antarctic Act Tribunal) Order 1995 and shall come into force on 1st December 1995.
2
In Schedule 1 to the Tribunals and Inquiries Act 1992, after paragraph 2, there shall be inserted —
Antarctica
2A
The Tribunal established under Regulation 11 of the Antarctic Regulations 1995 .
.
Mackay of Clashfern, C.
2nd November 1995
Rodger of Earlsferry,
Lord Advocate
6th November 1995