text:
PART I
General
Citation and commencement
1
These Regulations may be cited as the Food Safety (Temperature Control) Regulations 1995 and shall come into force on 15th September 1995.
Intepretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
“the Directive” means Council Directive 93/43/ EEC of 14th June 1993 on the hygiene of foodstuffs ;
“food authority” does not include —
the council of a non-metropolitan county in England or Wales, unless that council is a unitary authority; or
as respects the Inner Temple or the Middle Temple, the appropriate Treasurer;
“food business” means any undertaking, whether carried on for profit or not and whether public or private, carrying out any or all of the following operations, namely, preparation, processing, manufacturing, packaging, storing, transportation, distribution, handling or offering for sale or supply of food;
“primary production” includes harvesting, slaughter and milking;
“recommended temperature” means a specified temperature which has been recommended in accordance with regulation 6(1)(a);
“shelf life” means —
in relation to food with respect to which an indication of minimum durability is required in accordance with —
regulation 21 of the Food Labelling Regulations 1984 (indication of minimum durability), or
regulation 21 of the Food Labelling (Scotland) Regulations 1984 (indication of minimum durability),
the period up to and including the date required to be included in that indication;
in relation to food with respect to which a `use by' date is assigned in the form required in accordance with —
regulation 21A of the Food Labelling Regulations (form of indication of `use by' date), or
regulation 21A of the Food Labelling (Scotland) Regulations 1984 (form of indication of `use by' date),
the period up to and including that date;
in relation to food which is not required to bear an indication of minimum durability or a `use by' date, the period for which the food can be expected to remain fit for sale if it is kept in a manner which is consistent with food safety;
“special storage conditions” shall be construed in accordance with regulation 6(d) of the Food Labelling Regulations 1984;
“ultimate consumer” means any person who buys otherwise than —
for the purpose of resale;
for the purposes of a catering establishment; or
for the purposes of a manufacturing business;
“unitary authority” means —
in England, any authority which is the sole principal council for its local government area;
in Wales, a county or county borough council established under the Local Government (Wales) Act 1994 .
2
In determining for the purposes of these Regulations whether any matter involves a risk to food safety, regard shall be had to the nature of the food, the manner in which it is handled and packed, any process to which the food is subjected before supply to the consumer, and the conditions under which it is displayed or stored.
3
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered Part is to the Part of these Regulations bearing that number;
b
to a numbered regulation is to the regulation in these Regulations bearing that number;
c
in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number; and
d
in a paragraph to a lettered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter.
Application of provisions of these Regulations
3
1
Subject to paragraph (3), regulations 4 to 16 shall apply to neither —
a
primary production; nor
b
a person carrying on any activity which is regulated by or under any of the Regulations listed in paragraph (2), but only with respect to the carrying on of that activity.
2
The Regulations referred to in paragraph (1)(b) are —
a
the Food Safety (Fishery Products) (Derogations) Regulations 1992 ;
b
the Food Safety (Live Bivalve Molluscs) (Derogations) Regulations 1992 ;
c
the Food Safety (Fishery Products) Regulations 1992 ;
d
the Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 1992 ;
e
the Food Safety (Fishery Products on Fishing Vessels) Regulations 1992 ;
f
the Egg Products Regulations 1993 ;
g
the Meat Products (Hygiene) Regulations 1994 ;
h
the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
i
the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 ;
j
the Dairy Products (Hygiene) Regulations 1995 ;
k
the Dairy Products (Hygiene) (Scotland) Regulations 1995 .
3
Notwithstanding paragraph (1)(b), the provisions of regulations 4 to 13 and 16 shall apply to a person carrying on any activity which is regulated by —
a
the Food Safety (Fishery Products) (Derogations) Regulations 1992;
b
the Food Safety (Fishery Products) Regulations 1992;
c
the Food Safety (Fishery Products on Fishing Vessels) Regulations 1992,
unless, in the case of a particular product at a particular stage in its production, a provision in any of those Regulations imposes a further or alternative requirement in relation to the temperature at which that product is to be kept at that stage in its production.
4
Part II shall apply only to England and Wales, and Part III shall apply only to Scotland.
PART II
Temperature Control Requirements in England and Wales
Chill holding requirements
4
1
Subject to paragraph (2) and regulation 5, no person shall keep any food —
a
which is likely to support the growth of pathogenic micro-organisms or the formation of toxins; and
b
with respect to which any commercial operation is being carried out,
at or in food premises at a temperature above 8°C.
2
Paragraph (1) shall not apply to any food which, as part of a mail order transaction, is being conveyed by post or by a private or common carrier to an ultimate consumer.
3
Subject to regulation 5, no person shall supply by mail order any food which —
a
is likely to support the growth of pathogenic micro-organisms or the formation of toxins; and
b
is being or has been conveyed by post or by a private or common carrier to an ultimate consumer,
at a temperature which has given rise to or is likely to give rise to a risk to health.
General exemptions from the chill holding requirements
5
Regulation 4 shall not apply to —
a
food which —
i
has been cooked or reheated,
ii
is for service or on display for sale, and
iii
needs to be kept hot in order to control the growth of pathogenic micro-organisms or the formation of toxins;
b
food which, for the duration of its shelf life, may be kept at ambient temperatures with no risk to health;
c
food which is being or has been subjected to a process such as dehydration or canning intended to prevent the growth of pathogenic micro-organisms at ambient temperatures, but this paragraph shall cease to apply in circumstances where —
i
after or by virtue of that process the food was contained in a hermetically sealed container, and
ii
that container has been opened;
d
food which must be ripened or matured at ambient temperatures, but this paragraph shall cease to apply once the process of ripening or maturation is completed;
e
raw food intended for further processing (which includes cooking) before human consumption, but only if that processing, if undertaken correctly, will render that food fit for human consumption;
f
food to which Council Regulation (EEC) No. 1906/90 on certain marketing standards for poultry, as amended , applies;
g
food to which Council Regulation (EEC) No. 1907/90 on certain marketing standards for eggs, as amended , applies.
Upward variation of the 8°C temperature by manufacturers etc.
6
1
In any proceedings for an offence of contravening regulation 4(1), it shall be a defence for a person charged (for the purposes of this regulation called “the defendant”) to prove that —
a
a food business responsible for manufacturing, preparing or processing the food has recommended that it is kept —
i
at or below a specified temperature between 8°C and ambient temperatures, and
ii
for a period not exceeding a specified shelf life;
b
that recommendation has, unless the defendant is that food business, been communicated to the defendant either by means of a label on the packaging of the food or by means of some other appropriate form of written instruction;
c
the food was not kept by the defendant at a temperature above the specified temperature; and
d
at the time of the commission of the alleged offence, the specified shelf life had not been exceeded.
2
A food business responsible for manufacturing, preparing or processing food shall not recommend that any food is kept —
a
at or below a specified temperature between 8°C and ambient temperatures; and
b
for a period not exceeding a specified shelf life,
unless that recommendation is supported by a well-founded scientific assessment of the safety of the food at the specified temperature.
Chill holding tolerance periods
7
1
In any proceedings for an offence of contravening regulation 4(1), it shall be a defence for a person charged to prove that the food —
a
was for service or on display for sale;
b
had not previously been kept for service or on display for sale at a temperature above 8°C or, in appropriate circumstances, the recommended temperature; and
c
had been kept for service or on display for sale for a period of less than four hours.
2
In any proceedings for an offence of contravening regulation 4(1), it shall be a defence for the person charged to prove that the food —
a
was being transferred —
i
to a vehicle used for the purposes of the activities of a food business from, or
ii
from a vehicle used for the purposes of the activities of a food business to,
premises (which includes vehicles) at which the food was going to be kept at or at below 8°C or, in appropriate circumstances, the recommended temperature; or
b
was kept at a temperature above 8°C or, in appropriate circumstances, the recommended temperature for an unavoidable reason, such as —
i
to accommodate the practicalities of handling during and after processing or preparation,
ii
the defrosting of equipment, or
iii
temporary breakdown of equipment,
and was kept at a temperature above 8°C or, in appropriate circumstances, the recommended temperature for a limited period only and that period was consistent with food safety.
Hot holding requirements
8
No person shall in the course of the activities of a food business keep any food which —
a
has been cooked or reheated;
b
is for service or on display for sale; and
c
needs to be kept hot in order to control the growth of pathogenic micro-organisms or the formation of toxins,
at or in food premises at a temperature below 63°C.
Hot holding defences
9
1
In any proceedings for an offence of contravening regulation 8, it shall be a defence for a person charged to prove that —
a
a well-founded scientific assessment of the safety of the food at temperatures below 63°C has concluded that there is no risk to health if, after cooking or reheating, the food is held for service or on display for sale —
i
at a holding temperature which is below 63°C, and
ii
for a period not exceeding a specified period of time; and
b
at the time of the commission of the alleged offence, the food was held in a manner which is justified in the light of that scientific assessment.
2
In any proceedings for an offence of contravening regulation 8, it shall be a defence for a person charged to prove that the food —
a
had been kept for service or on display for sale for a period of less than two hours; and
b
had not previously been kept for service or on display for sale by that person.
General requirement for food which is a risk to health
10
1
Subject to paragraph (2), no person shall in the course of the activities of a food business keep foodstuffs which are —
a
raw materials, ingredients, intermediate products or finished products; and
b
likely to support the growth of pathogenic micro-organisms or the formation of toxins,
at temperatures which would result in a risk to health.
2
Consistent with food safety, limited periods outside temperature control are permitted where necessary to accommodate the practicalities of handling during preparation, transport, storage, display and service of food.
3
A person may contravene paragraph (1) notwithstanding that he complies with the requirements of regulations 4 and 8, and in particular the keeping of perishable foodstuffs at above a maximum storage temperature recommended in any special storage conditions for them may be in contravention of paragraph (1) notwithstanding that they are kept at a temperature of 8°C or below.
Cooling of food
11
A food business responsible for cooling any food which must, by virtue of this Part, be kept at a temperature below ambient temperatures shall cool that food as quickly as possible following —
a
the final heat processing stage; or
b
if no heat process is applied, the final preparation stage,
to the temperature at which, by virtue of this Part, it must be kept.
Guides to good hygiene practice
12
For the purposes of regulations 6(2) and 9(1), the presence of a scientific assessment of the safety of any food in a guide to good hygiene practice which has been —
a
forwarded by the Secretary of State to the Commission pursuant to article 5.5 of the Directive, unless the Secretary of State has announced that the guide no longer complies with article 3 of the Directive; or
b
developed in accordance with article 5.6 and 7 of the Directive and published in accordance with article 5.8 of the Directive,
shall, until the contrary is proved, be considered sufficient evidence that the scientific assessment in question is well-founded.
PART III
Temperature Control Requirements in Scotland
Chill and hot holding requirements
13
1
Subject to paragraph (2), no person shall keep food with respect to which any commercial operation is being carried out at or in food premises otherwise than —
a
in a refrigerator or refrigerating chamber or in a cool ventilated place; or
b
at a temperature above 63°C.
2
Paragraph (1) shall not apply to any food —
a
which is undergoing preparation for sale;
b
which is exposed for sale or has been sold to a consumer whether for immediate consumption or otherwise;
c
which, immediately following any process of cooking to which it is subjected or the final processing stage if no cooking process is applied, is being cooled under hygienic conditions as quickly as possible to a temperature which would not result in a risk to health;
d
which, in order that it may be conveniently available for sale on the premises to consumers, it is reasonable to keep otherwise than as referred to in paragraph (1);
e
which, for the duration of its shelf life, may be kept at ambient temperatures with no risk to health;
f
to which Council Regulation (EEC) No. 1906/90 on certain marketing standards for poultry, as amended, applies;
g
to which Council Regulation (EEC) No. 1907/90 on certain marketing standards for eggs, as amended, applies.
Reheating of food
14
1
Food which in the course of a commercial operation has been heated and which is thereafter reheated before being served for immediate consumption or exposed for sale shall, on being reheated, be raised to a temperature of not less than 82°C.
2
In any proceedings for an offence under paragraph (1), it shall be a defence for the person charged to prove that he could not have raised the food to a temperature of not less than 82°C without a deterioration of its qualities.
Treatment of gelatine
15
1
Gelatine intended for use in the preparation of bakers' confectionery filling, meat products or fish products in the course of the activities of a food business shall, immediately before use, be brought to the boil or brought to and kept at a temperature of not less than 71°C for 30 minutes.
2
Any gelatine left over after the completion of the process shall, if not treated as waste, be cooled under hygienic conditions as quickly as is reasonably practicable and when cold shall be kept in a refrigerator or a refrigerating chamber or a cool ventilated place.
Food which is a risk to health
16
1
Subject to paragraphs (2) and (3), no person shall in the course of the activities of a food business keep any products which are —
a
raw materials, ingredients, intermediate products or finished products; and
b
likely to support the growth of pathogenic micro-organisms or the formation of toxins,
at temperatures which would result in a risk to health.
2
Consistent with food safety, limited periods outside temperature control are permitted where necessary to accommodate the practicalities of handling during preparation, transport, storage, display and service of food.
3
Paragraph (1) shall not apply to any food which immediately following a final heat processing stage, or a final preparation stage if no heat process is applied, is being cooled as quickly as possible to a temperature which would not result in a risk to health.
PART IV
Penalties, Enforcement and Revocations
Offences and penalties
17
1
If any person contravenes regulation 4, 6(2), 8, 10, 11, 13, 14, 15 or 16, he shall be guilty of an offence against these Regulations.
2
Any person guilty of an offence against these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years or both.
Application of provisions of the Act
18
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 and 15 of the Act, and unless the context otherwise requires, a reference in them to the Act shall for the purposes of these Regulations be construed as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc.);
b
section 3 (presumptions that food 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
section 33 (obstruction etc. of officers);
g
section 34 (time limit for prosecutions);
h
section 36 (offences by body corporate), subject to the following modifications —
i
after the words “body corporate”, at the three places where they occur in section 36(1) of the Act, there shall be inserted the words “or Scottish partnership”, and
ii
for the word “secretary” there shall be substituted the words “secretary, partner”;
i
section 44 (protection of officers acting in good faith).
Enforcement and execution
19
1
Each food authority shall enforce and execute these Regulations within its area.
2
In executing and enforcing these Regulations, a food authority shall —
a
ensure that food premises are inspected with a frequency which has regard to the risk associated with those premises; and
b
without prejudice to regulation 12, give due consideration to whether the proprietor of a food business has acted in accordance with any relevant guide to good hygiene practice which has been —
i
forwarded by the Secretary of State to the Commission pursuant to article 5.5 of the Directive, unless the Secretary of State has announced that it no longer complies with article 3 of the Directive, or
ii
developed in accordance with article 5.6 and 7 of the Directive and published in accordance with article 5.8 of the Directive.
Revocations
20
The Regulations specified in column (1) of the Schedule to these Regulations are hereby revoked to the extent specified in column (3) of that Schedule.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
22nd August 1995
Signed by authority of the Secretary of State for Health
Baroness Cumberlege
Parliamentary Under Secretary of State,
Department of Health
22nd August 1995
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
22nd August 1995
The Earl of Lindsay
Parliamentary Under Secretary of State, Scottish Office
22nd August 1995


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Proceeds of Crime Act 1995 (Commencement) Order 1995 and extends to England and Wales only.
2
The provisions of the Proceeds of Crime Act 1995 (save for section 14 (enforcement in UK of overseas forfeiture and restraint orders) and section 16 (short title, interpretation, commencement and extent) which came into force on the passing of that Act) shall come into force on 1st November 1995.
Home Office
David Maclean
Minister of State
7th October 1995


text:
1
This Order may be cited as the Value Added Tax (Tax Free Shops) Order 1995 and shall come into force on 1st January 1996.
2
Group 14 of Schedule 8 to the Value Added Tax Act 1994 shall be amended as follows —
a
in Item 1(a) for “£71” there shall be substituted “£75”; and
b
in Note (1) for “£71” there shall be substituted “£75”.
Derek Conway
Simon Burns
Two of the Lords Commissionersof Her Majesty’s Treasury
28th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Manchester Healthcare National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 13 September 1995.
2
In this Order —
“the Authority” means the Manchester Health Authority;
“the Trust” means the Central Manchester Healthcare 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 23rd February 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th September 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
15th August 1995


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Grants for Education Support and Training) (England) (Amendment) Regulations 1995 and shall come into force on 1st August 1995.
2
These Regulations apply in relation to local education authorities in England.
Amendment of the Education (Grants for Education Support and Training) (England) Regulations 1995
2
The Education (Grants for Education Support and Training) (England) Regulations 1995 shall be amended as follows.
3
In regulation 5(2) there shall be substituted for the words “8 and 20” the words “8, 20 and 21”.
4
In the Schedule after paragraph 20 there shall be inserted the following paragraph —
21
The provision of courses for the training of specialist teacher assistants to provide assistance and support for qualified teachers in teaching subjects including reading, writing and mathematics to primary school pupils.
.
Robin Squire
Parliamentary Under Secretary of State
Department for Education
4th July 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government (Compensation for Redundancy and Premature Retirement) (Amendment) Regulations 1995 and shall come into force on 14th April 1995 but, subject to regulation 4, shall have effect as from 1st April 1993.
2
In these regulations “the 1982 Regulations ” means the Local Government (Compensation for Premature Retirement) Regulations 1982 .
Paying authority
2
Regulation 20 of the 1982 Regulations is amended —
a
by omitting paragraph (3A) ; and
b
in paragraph (3B), by inserting after the words “specified in paragraph” the reference “4,5,”.
Employment in connection with education
3
Part 2 of Schedule 1 to the 1982 Regulations is amended —
a
in column 1 of paragraph 1, by deleting the words “or Chapter III of Part II” and adding at the end “or section 85 of the Further and Higher Education Act 1992 (“the 1992 Act ”)”; and
b
by substituting for paragraphs 4, 5, 6 and 7 the following —
4. Employment at an institution conducted by a body corporate established under section 15 or 16 of the 1992 Act or in respect of which an order has been made under section 47 of that Act. the corporation the corporation 5. Employment at an institution designated under section 28 of the 1992 Act Governing body of institution Governing body of institution. 6. Employment at an institution conducted by a body corporate established under section 121 or section 122 of the 1988 Act or in respect of which an order has been made under section 122A of that Act . the corporation the corporation 7. Employment at an institution designated under section 129 of the 1988 Act. Governing body of institution. Governing body of institution.
Retrospective effect
4
Nothing in these Regulations shall place any individual who is qualified to participate in the benefits for which the 1982 Regulations provide in a worse position than he would have been in if regulations 2 and 3 above had been framed so as to have effect only from the date of their making.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
16th March 1995


text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Local Government Residuary Body (England) Order 1995 and shall come into force on 1st April 1995.
Interpretation
2
In this order —
“ the Act ”means the Local Government Act 1992;
“the 1972 Act ”means the Local Government Act 1972
“abolished authority”means a principal council which is or is to be wound up and dissolved by a section 17 order;
“the abolition date”, in relation to an abolished authority, means the date on which the authority is or is to be wound up and dissolved;
“relevant provision”means a statutory instrument under the Act or, in connection with the Act or such an instrument, under any other enactment; and
“section 17 order”means an order under section 17 of the Act.
PART II
CONSTITUTION AND MEMBERSHIP
Establishment of the Residuary Body
3
There shall be established a body corporate to be known as the Local Government Residuary Body (England) (“the Residuary Body”).
Membership
4
1
The Residuary Body shall consist of not less than 3 and not more then 20 members appointed by the Secretary of State, and the Secretary of State shall appoint one of the members to be chairman and may appoint another member to be deputy chairman.
2
Subject to the provisions of this article, a member shall hold and vacate office in accordance with the terms of his appointment.
3
A person who ceases to be a member shall be eligible for reappointment as a member.
4
A member may resign from office by notice in writing to the Secretary of State.
5
The Secretary of State may remove a member from office if satisfied he —
a
is unable or unfit to carry out the functions of a member, or
b
has not complied with the terms of his appointment.
5
A person shall cease to be chairman or deputy chairman if he —
a
resigns as such by notice in writing to the Secretary of State; or
b
ceases to be a member;
Remuneration, pensions etc.
5
1
The Residuary Body shall pay to its members such remuneration, and such allowances, as the Secretary of State may determine.
2
The Residuary Body may —
a
pay such pensions, allowances or gratuities as the Secretary of State may determine to or in respect of any persons who have been or are its members; and
b
make such payments as the Secretary of State may determine towards provision for the payment of pensions, allowances or gratuities to or in respect of any such persons.
3
If, when a person ceases to be a member of the Residuary Body, the Secretary of State determines that there are special circumstances which make it appropriate that that member should receive compensation, the Residuary Body shall pay to him as compensation such amount as the Secretary of State may determine.
4
The approval of the Treasury shall be required for any determination of the Secretary of State under this article.
Status
6
The Residuary Body shall not be regarded as acting on behalf of the Crown and neither it nor its members nor members of its staff shall be regarded as Crown servants.
Proceedings
7
1
Subject to the following provisions of this Part and any directions given by the Secretary of State, the Residuary Body may requlate its own procedure (including quorum).
2
Anything authorised or required to be done by the Residuary Body may be done by —
a
any member of the Residuary Body, or of its staff, who has been authorised for the purpose, whether generally or specially; or
b
by any committee or sub-committee of the Residuary Body which has been so authorised.
3
A member of the Residuary Body who is directly or indirectly interested in any matter brought up for consideration at a meeting of the Residuary Body, or of a committee or sub-committee of which he is a member, shall disclose the natue of that interest to the meeting and shall not take part in any deliberation or decision of the Residuary Body, committee or sub-committee with respect to that matter.
4
A member of the Residuary Body, or its staff, who is directly or indirectly interested in any matter connected with anything which he is authorised to do by virtue of paragraph 2(a) above shall disclose the nature of that interest to the Residuary Body and shall not do the thing which he is so authorised to do unless, after the disclosure, he is specially authorised to do so by the Residuary Body.
5
The validity of any proceedings of the Residuary Body or of any committee or sub-committee shall not be affected —
a
by a vacancy amongst its members or a defect in the appointment of amember; or
b
by a contravention of paragraph (3) or of direction given in respect of the exercise of the power in paragraph (1) above to regulate procedure.
6
The validity of anything done by a member of the Residuary Body, or of its staff, in pursuance of an authorisation given under paragraph 2(a) above, shall not be affected by a contravention of paragraph (4) above.
Application of seal and proof of instruments
8
1
The application of the seal of the Residuary Body shall be authenticated by the signature of any member of the Residuary Body, or of its staff, whom it has authorised, whether generally or specially, for the purpose.
2
Every document purporting to be an instrument issued by the Residuary Body and to be duly sealed with its seal or to be signed on its behalf shall be received in evidence, and, unless the contrary is shown, shall be deemed to be an instrument so issued.
Supervision by Parliamentary Commissioner
9
The residuary Body shall be included among the authorities to which the Parliamentary Commissioner Act 1967 applies.
House of Commons disqualification
10
Any member of the Residuary Body who is in receipt of remuneration shall, for the purposes of the House of Commons Disqualification Act 1975 , be treated as holding an office described in Part III of Schedule 1 to that Act (other disqualifying offices).
PART III
ACCOUNTS, AUDIT AND REPORTS
Accounts
11
1
The Residuary Body shall keep proper accounts and proper records in relation to them.
2
The Secretary of State may give directions to the Residuary Bdoy requiring it —
a
to keep accounts in respect of such matters, and records, relating to them as may be specified in the directions; and
b
to comply with such methods and principles as may be so specified with respect to any accounts or records kept by it.
3
The Residuary Body shall prepare in respect of each financial year a statement of accounts whch complies with any requirement which the Secretary of State has, with the approval of the Treasury, notified in writing to the Residuary Body relating to the information to be contained in the statement, the manner in which the information is to be presented and the methods or principles according to which the statement is to be prepared.
Audit
12
1
The accounts of the Residuary Body shall be included among those which are required to be audited in accordance with Part III of the Local Government Finance Act 1982 (accounts and audit) (“the 1982 Act ”) and, subject to paragraph (2) below, that Part shall accordingly have effect in relation to the Residuary Body and its accounts.
2
Section 15(1)(a), 17, 19, 20, 23 and 24 of the 1982 Act shall not apply in relation to the Residuary Body or its accounts and section 22 (extraordinary audit) of that Act shall have effect as if —
a
in paragraph (a) of subsection (1), for the words “for the area of that body”there were substituted the words “for any area to which the accounts relate”; and
b
in subsection (3), for the words “and 15 to 20 above, except subsections (1) and (2) of section 17”there were substituted the words “15 (except subsection (1)(a)), 16 and 18”.
3
At each audit of the accounts of the Residuary Body, any local government elector for any area to which the accounts to be audited relate may inspect those accounts and all records relating to them and make copies of all or any part of the accounts and those records.
4
At the request of any such local government elector, the auditor shall give the elector, or his representive, an opportunity to question him about those accounts or to draw his attention to any matter on which he could make a report under section 15(3) of the 1982 Act.
5
As soon as the audit of its accounts has been concluded, the Residuary Body shall send to the Secretary of State a copy of the statement of accounts prepared under article 11(3) together with a copy of any report made on that statement or the accounts by the auditor.
6
Any person, on application to the Residuary Body, shall be entitled —
a
at all reasonable times, to inspect and make copies of any statement prepared under article 11(3) and any report made by the auditor on the statement or on the accounts of the Residuary Body; and
b
to be furnished with copies of any such statement or report on payment of such reasonable sum as the Residuary Body may determine.
7
Any document which a person is entitled to inspect under paragraphs (3) or (6) above may be inspected by him at all reasonable times and without payment.
Reports and information
13
1
The Residuary Body shall publish an annual report on the discharge of its functions and shall send a copy of each such report to the Secretary of State.
2
The Residuary Body shall provide the Secretary of State with such information relating to the discharge of its functions and to its finances (including estimates of its future income and expenditure) as he may require and, for that purpose, shall permit any person authorised by him to inspect and make copies of any of its accounts or other documents and shall afford such explanation of them as that person or the Secterary of State may require.
Laying of reports etc. before Parliament
14
The Secretary of State shall lay before each House of Parliament copies of —
a
any statement of accounts and any report on them sent to him pursuant to article 12; and
b
any annual report sent to him pursuant to article 13.
PART IV
FUNCTIONS OF THE RESIDUARY BODY
General duty of Residuary Body
15
1
Subject to the following provisions of this Part and to any directions given by the Sectetary of State, the Residuary Body shall make such arrangements as are practicable for the transfer to other persons of any property, rights or liailities (and any related functions) which have vested in it by virtue of a relevant instrument or submit proposals to the Sectetary of State for effecting such transfers by orders made by him under section 22(3)(a) of the Act.
2
The Residuary Body shall use its best endeavours to secure that any such arrangements or proposals as are mentioned in paragraph (1) above are made or submitted as soon as is practicable after the date the property, rights, liabilities or functions concerned have vested in it and, in any event, by the end of the period of five years beginning with that date.
Acquisition and disposal of land
16
1
The Residuary Body may, with the consent of the Sectetary of State, acquire by agreement any land required by it for carrying out its functions
2
Any disposal by the Residuary Body of land in pursuance of article 15(1) shall be sucject to article 17, to the same restrictions as those imposed by subsections (2) and (2A) of section 123 of the 1972 Act in the case of disposals by a principal council under subsection (1) of that section and to any other restrictions to which it is subject by virtue of the following provisions of this Part.
Directions
17
1
In exercising the functions conferred on it by this Order or any other relevant instrument, the Residuary Body shall comply with directions given to it by the Secretary of State.
2
No other provision of this Order relating to the giving of directions by the Secretary of State shall be construed as prejudicing the generality of paragraph (1) above; and any directions given by the Secretary of State may be of a general or particular nature any may be varied or revoked by subsequent directions.
Application of local government provisions
18
The Schedule to this Order shall have effect with respect to the Residuary Body.
PART V
FINANCIAL PROVISIONS
Interpretation
19
In this Part —
“the 1992 Act ”means the Local Government Finance Act 1992 ;
“billing authority”and “major precepting authority”have the same meanings as in the 1992 Act;
“central expenditure”means expenditure of the Residuary Body other than relevant expenditure;
“relevant authority”means an abolished authority any of whose property, rights or liabilities (or related functions) are transferred to the Residuary Body by a relevant instrument;
“relevant area”, in relation to a successor authority, means the area in relation to which that authority, on and after the abolition date, exercises functions which immediately before that date were exercisable by an abolished authority;
“relevant expenditure”means the expenditure of the Residuary Body in connection with all the property, rights or liabilities (or related functions) of abolished authorities transferred to it by relevant instruments; and
“successor authority”, in relation to a relevant authority, means —
where an order gives effect to a structural change, a principal council to which any functions of the relevant authority are transferred on the abolition date; and
where an order gives effect to a boundary change, a principal council whose area, on and after that date, includes an area which, before that date, is the whole or any part of the area of the relevant authority.
Power to issue levies
20
1
In accordance with the following provisions of this Part and subject to any directions given by the Sectetary of State, the Residuary Body may, in respect of a financial year beginning after the abolition date (“the current year”), issue levies to the successor authorities in relation to a relevant authority in respect of any of the following matters for which provision is not otherwise made —
a
expenditure which the Residuary Body estimates it will incur in that year in connection with any property, rights or liabilities or related functions which were transferred from the relevant authority to the Residuary Body by a relevant instrument;
b
expenditure incurred by it in that connection in any financial year preceding that year (“a preceding year”);
c
such allowance (if any) as the Residuary Body estimates will be appropriate for contingencies in relation ot its expenditure for the current year;
d
any financial reserves which the Residuary Body estimates it will be appropriate to raise in that year for meeting its estimated future expenditure; and
e
such proportion of the Residuary Body’s estimate of its central expenditure for the current year, or its actual central expenditure for a preceding year, is it determines should be borne by those successor authorities.
2
In making a determination under sub-paragraph (e) of paragraph (1) above, the Residuary Body shall have regard to the proportion which the aggregate of —
a
the expenditure which the Residuary Body estimates it will incur in the current year in connection with the matters mentioned in sub-paragraph (a) of that paragraph; and
b
the expenditure incurred by it in that connection in any preceding year,
bears to the aggregate of the relevant expenditure which the Residuary Body estimates it will incur in the current year and the relevant expenditure incurred by it in any preceding year.
3
Where the Secretary of State so directs, the amount of the levies issued under paragraph (1) above shall not exceed such amount as is either specified in the direction or ascertained in accordance with a method of calculation which is so specified; and any such direction shall be given before 31st December in the financial year preceding the current year (“the immediately preceding year”).
4
Any levies shall be issued before 15th February in the immediately preceding year; but they are not invalid merely because they are issued on or after that date.
5
Paragraph (4) above does not apply to a substituted levy issued in accordance with article 22.
Apportionment of levies
21
1
The amount to be levied by the Residuary Body under article 20(1) on each of the successor authorities in relation to a relevant authority shall be determined by apportioning the total amount to be levied on all those aubhorities in respect of the year in such proportions as those authorities may agree or, in default of such agreement, the relevant proportions.
2
For the purposes of this article, the relevant proportion in relation to any successor authority in relation of a relevant authority is the proportion equal to the proportion which the council tax base for the current year of the relevant area in relation to the successor authority bears to the total of the council tax bases for that year of the relevant areas in relation to all such successor authorities.
3
For the purposes of this article, the council tax base for the current year for the relevant area in relation to a successor authority is —
a
Where the authority is a billing authority and the whole of the authority’s area is the relevant area, the amount calculated by the authority as its council tax base for the year in accordance with rules for the time being effective (as regards that year) under regulations made under section 33(5) of the 1992 Act;
b
Where the authority is a major precepting authority and the whole of the authority’s area is the relevant area, the aggregate of the amounts calculated by the billing authorities to which the authority has the power to issue precepts (“the relevant billing authorities”) as their council tax bases for the year for their areas in accordance with the rules for the time being effective (as regards that year) under regulations made under section 44(5) of the 1992 Act;
c
where the authority is a billing authority and only part of the authority’s area is the relevant area, the amount calculated by the authority as its council tax base for the year for that part of its area in accordance with the rules for the time being effective (as regards that year) under regulations made under section 34(4) of the 1992 Act; or
d
where the authority is a major precepting authority and only a part of the authority’s area is the relevant area, the aggregate of the amounts calculated by the relevant billing authorities as their council tax bases for the year for so much of their areas as falls within the relevant area in accordance with rules for the time being effective (as regards that year) under regulations made under section 45(4) of the 1992 Act.
4
Where a levy is required to be apportioned in the relevant proportions, each successor authority shall, within the period beginning on 1st December and ending on 31st January in the immediately preceding year, inform the Residuary Body of the council tax base for the current year for the relevant area.
5
In a case falling within paragraph (3)(d) above —
a
the successor authority shall, as soon as is practicable after the abolition date, notify the relevant billing authorities of the boundaries of so much of their areas as falls within the relevant area; and
b
the relevant billing authorities shall, within the period beginning on 1st December and ending on 31st December in the immediately preceding year, make the calculation mentioned in that sub-paragraph and notify the successor authority of the amount so calculated.
Substitution of levies
22
1
Subject to the following provisions of this article, the Residuary Body may issue a levy for the current year in substitution for a levy which it has previously issued for that year (including a levy previously issued in substitution).
2
Except as provided by paragraph (3) below, no levy may be issued in substitution if its amount would be greater than the amount of the levy for which it is substituted.
3
The amount of any levy issued in substitution (“the new levy”) may be greater than the amount of that for which it is substituted (“the old levy”) if the old levy has been quashed because of a failure to fulfil the requirements of article 21, but only so far as the new levy is required to be increased to effect a proper apportionment.
4
Subject to paragraph (5) below, where the Residuary Body issues a new levy, anything paid to it by reference to the old levy shall be treated as paid by reference to the new levy.
5
Where the amount of the old levy exceeds that of the new levy, anything paid which would not have been paid if the amount of the old levy had been the same as that of the new levy —
a
shall, if the successor authority by whom it was paid so requires, be repaid; or
b
in any other case, shall (as the Residuary Body determines) be repaid or credited against any subsequent liability of the successor authority in respect of any levy issued by the Residuary Body.
Payment of levies
23
1
Subject to paragraph (2) below, the amount of a levy issued to a successor authority by the Residuary Body shall (after deducting any amount credited in accordance with article 22(5)(b)) be paid in full by that authority in the current year, at such time and in such instalments (if any) as may be agreed between the Residuary Body and the authority or, in default of such agreement, in five equal instalments, payable respectively by the end of April, June, August, October and December in that year.
2
No instalment of a levy shall be payable until 30 days after the levy is issued.
Interest on unpaid levies
24
1
Where any amount of levy issued by the Residuary Body is not paid by a successor authority by the due date for payment, interest shall be payable by that authority in accordance with paragraph (2) below.
2
Interest shall be simple interest, calculated from day to day on the unpaid amount from the due date for payment until the date when payment is made, at a rate equivalent to 2 per cent. above the highest base rate quoted from time to time by any of the reference banks.
3
For the purposes of paragraph (2) below —
a
the reference banks are the seven largest institutions —
i
authorized by the Bank of England under the banking Act ; and
ii
incorporated in and carrying on a deposit-taking business within the United Kingdom which quote a base rate in sterling; and
b
the size of an institution is to be determined by reference to its total consolidated gross assets denominated in sterling, as shown in its audited end-year accounts last published before the period in respect of which interest is payable begins
4
In paragraph (3) above —
“deposit-taking business”has the meaning given in section 6 of the Banking Act 1987 subject to any order under section 7 of that Act; and
the reference to the consolidated gross assets of an institution is a reference to the gross assets of that institution together with any subsidiary (within the meaning of section 736 of the Companies Act 1985 ).
Distribution of capital and other money
25
1
Subject to the following provisions of this article, the Residuary Body shall, in accordance with directions given by the Secretary of State, pay to each of the successor authorities in relation to a relevant authority the appropriate proportion of any money for the time being in its hands to which paragraph (2) applies and which is not reserved money.
2
This paragraph applies to —
a
all sums received by the Residuary Body in respect of a transfer, pursuant to article 15(1), of any property or rights which were transferred from the relevant authority to the Residuary Body by a relevant instrument; and
b
any other money which the Residuary Body determines is held for the purposes of or in connection with any property, rights, liabilities or related functions which were so transferred and is no longer required for those purposes or in that connection.
3
In paragraph (1) above, “reserved money”means any money which the Residuary Body has set aside to meet —
i
expenditure which it has incurred or will incur for the purposes of or in connection with any property, rights or liabilities or related functions which were transferred from the relevant authority to the Residuary Body by a relevant instrument; or
ii
payments to be made in connection with any transfers pursuant to article 15(1) (including the costs of such transfers).
4
For the purpose of any payment under paragraph (1) above —
a
the appropriate proportion in relation to any successor authority in relation to a relevant authority is the proportion equal to the proportion which the population of the relevant area in relation to that authority bears to the total of the populations of the relevant areas in relation to all such successor authorities; and
b
the population of a relevant area shall be taken to be the number estimated by the Registrar General by reference to the latest date in respect of which such an estimate is available.
Borrowing
26
1
Subject to any directions given by the Secretary of State, the Residuary Body may, as part of the proper management of its affairs, borrow money for any purpose relevant to its functions.
2
All money borrowed by the Residuary Body, together with any interest on that money, shall be charged indifferently on all the revenues of the Residuary Body.
PART VI
WINDING UP OF RESIDUARY BODY
Scheme for winding up
27
The Secretary of State may require the Residuary Body to submit to him, within such period as he may specify, a scheme for its winding up and the disposal of its property, rights and liabilities and related functions.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
20th February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in English) Order 1995 and, subject to paragraph (2) below, shall come into force on 1st August 1995.
2
The provisions of this Order in so far as they relate to the fourth key stage shall come into force —
a
on 1st August 1996 in respect of pupils in the first year of that key stage; and
b
on 1st August 1997 in respect of all other pupils in that key stage.
3
In this Order “the Document” means the Document published by Her Majesty’s Stationery Office in January 1995 entitled “English in the National Curriculum” ; and
references to the second, third and fourth key stages shall be construed in accordance with section 3(3) to (6) of the Education Reform Act 1988 .
Revocation
2
1
The Education (National Curriculum) (Attainment Targets and Programmes of Study in English) Order 1989 is revoked.
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in English) ( No. 2) Order 1990 shall cease to apply —
a
on 1st August 1995 in respect of pupils in the second and third key stages;
b
on 1st August 1996 in respect of pupils in the first year of the fourth key stage; and
shall be revoked on 1st August 1997.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to English.
4
The examples printed in italics in the Document (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.
Gillian Shephard
Secretary of State for Education
10th January 1995
John Redwood
Secretary of State for Wales
12th January 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Lakeland Healthcare National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 7th July 1995.
2
In this Order —
“the Authority” means the North Cumbria Health Authority;
“the Trust” means the North Lakeland Healthcare 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 9th November 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 7th 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
8th June 1995


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These rules may be cited as the Land Registration (No. 3) Rules 1995 and shall come into force on 1st January 1996.
2
In these rules:
a
“the principal rules” means the Land Registration Rules 1925 ;
b
a rule referred to by number means the rule so numbered in the principal rules.
PART II
DEFINITION OF “PROPER OFFICE”
Amendment to rule 1
2
The following paragraph is substituted for paragraph (5A) of rule 1:
5A
“Proper office” for the purposes of any application means the district registry within whose district, as constituted by orders made from time to time under section 132(1) of the Act, the land to which the application relates is situated or, where it is situated in the districts of two or more district registries, either or any of those district registries.
Revocation of rules 24(4) and 83(2)
3
Rules 24(4) and 83(2) are revoked.
Amendments to rules other than the principal rules
4
1
The definitions of “proper office” in rule 1(2) of the Land Registration (Open Register) Rules 1991 and rule 2(1) of the Land Registration (Official Searches) Rules 1993 are revoked.
2
The following is substituted for the definition of “proper office” in rule 2(1) of the Land Registration (Matrimonial Homes) Rules 1990 :
“proper office” has the meaning given to it by rule 1(5A) of the Land Registration Rules 1925 .
PART III
REGISTERED DEALINGS WITH REGISTERED LAND
Amendment to rule 1
5
In rule 1 the following paragraphs are inserted after paragraph (5J):
5K
In these rules “new tenancy” has the same meaning as in section 1 of the Landlord and Tenant (Covenants) Act 1995 , and “old tenancy” means a lease which is not a new tenancy.
5L
In these rules references to:
a
section 24 of the Act; or
b
section 77 of, or Schedule 2 to, the Law of Property Act 1925 as originally enacted,
are references to those provisions as they operate in relation to old tenancies by virtue of section 30(3) of the Landlord and Tenant (Covenants) Act 1995.
Revocation of rule 76
6
Rule 76 is revoked.
New rule 109
7
1
The following rule is substituted for rule 109:
Transfer of land subject to a rentcharge
109
1
A transfer of land subject to a rentcharge not falling within paragraph (2) below shall be made by an instrument in Form 19 or 32.
2
A transfer of part of land subject to a rentcharge in which the rent is apportioned or land is exonerated from it shall be made by an instrument in Form 34B, or as near thereto as circumstances permit.
3
Where the covenants set out in Part VII or Part VIII of Schedule 2 to the Law of Property Act 1925 (in this rule called “the 1925 Act”) are included in a transfer, the references to “the grantees”, “the conveyance” and “the conveying parties” shall be treated as references to the transferees, the transfer and the transferors respectively.
4
Where in a transfer part of land affected by a rentcharge is, without the consent of the owner of the rentcharge, expressed to be transferred exonerated from the entire rent, and the covenants in paragraph (ii) of Part VIII of Schedule 2 to the 1925 Act are included, that paragraph shall apply as if:
a
any reference to the balance of the rent were to the entire rent; and
b
the words “, other than the covenant to pay the entire rent,” were omitted.
5
Where in a transfer to which section 77(1)(B) of the 1925 Act does not apply part of land affected by a rentcharge is, without the consent of the owner of the rentcharge, expressed to be transferred subject to or charged with the entire rent, and the convenants in paragraph (i) of Part VIII of Schedule 2 to the 1925 Act are included, that paragraph shall apply as if:
a
any reference to the apportioned rent were to the entire rent; and
b
the words “, other than the covenant to pay the entire rent,” were omitted.
6
On a transfer of land subject to a rentcharge:
a
any covenant implied by section 77(1)(A) or (B)(i) of the 1925 Act may be modified or negatived; and
b
any covenant included in the instrument of transfer may be modified,
by adding suitable words to the instrument.
2
In the heading of Form 19 in the Schedule to the principal rules a reference to Rules 98 and 109 is substituted for the reference to Rule 98.
3
The following note shall be inserted in the notes to Form 19 in the Schedule to the principal rules:
4A
Where the transfer is subject to a rentcharge (other than a rentcharge created after 22nd July 1977 by virtue of section 2(3)(a) or (b) of the Rentcharges Act 1977 ) and no covenants are implied by section 77(1) of the Law of Property Act 1925 , the appropriate covenants may be incorporated by adding the words “The covenants set out in Part VII ( or if the rent has previously been apportioned without the consent of the owner of the rentcharge , paragraph (i) of Part VIII) of Schedule 2 to the Law of Property Act 1925 shall be included in this transfer”.
New rules 115 and 116
8
The following rule is substituted for rule 115:
Transfer of leasehold land
115
1
A transfer of leasehold land not falling within rule 116 shall be made by an instrument in Form 32 or 33.
2
Where the transfer is a transfer of an old tenancy and covenants are to be implied under section 77 of the Law of Property Act 1925 as originally enacted, express reference shall be made in the transfer to that section.
9
The following rule is substituted for rule 116:
Transfer of leasehold land, the rent being apportioned or land exonerated
116
1
A transfer of part of leasehold land in which the rent is apportioned or land is exonerated from it shall be made by an instrument in Form 34 or 34A, or as near thereto as circumstances will permit.
2
Where in a transfer part of land held under an old tenancy is, without the consent of the lessor, expressed to be transferred exonerated from the entire rent, and the covenants in paragraph (ii) of Part X of Schedule 2 to the Law of Property Act 1925 as originally enacted are included, that paragraph shall apply as if:
a
any reference to the balance of the rent were to the entire rent; and
b
the words “, other than the covenant to pay the entire rent,” were omitted.
3
Where in a transfer to which section 77(1)(D) of the Law of Property Act 1925 as originally enacted does not apply part of land held under an old tenancy is, without the consent of the lessor, expressed to be transferred subject to or charged with the entire rent, and the covenants in paragraph (i) of Part X of Schedule 2 to the Law of Property Act 1925 as originally enacted are included, that paragraph shall apply as if:
a
any reference to the apportioned rent were to the entire rent; and
b
the words “, other than the covenent to pay the entire rent,” were omitted.
4
Where the transfer is a transfer of part of the land held under an old tenancy and covenants are to be implied under section 24 of the Act, express reference shall be made in the transfer to that section.
New rule 117
10
The following rule is substituted for rule 117:
Variation of implied covenants in transfer of land held under old tenancy
117
1
Where in a transfer the covenants set out in Part IX or Part X of Schedule 2 to the Law of Property Act 1925 as originally enacted are included, the references to “the assignees”, “the conveyance” and “the conveying parties” shall be treated as references to the transferees, the transfer and the transferors respectively.
2
On a transfer of land held under an old tenancy:
a
any covenants implied by section 24 of the Act or by section 77(1)(C) or (D)(i) of the Law of Property Act 1925 as originally enacted may be modified or negatived; and
b
any covenants included in the instrument of transfer may be modified,
by adding suitable words to the instrument, and a note shall be made in the register.
New Forms 32, 33, 34, 34A and 34B
11
Forms 32, 33, 34, 34A and 34B in the Schedule to these rules shall be substituted for Forms 32, 33 and 34 in the Schedule to the principal rules.
Mackay of Clashfern, C.
Dated 6th December 1995


text:
Citation, commencement and introduction
1
This Order may be cited as the London Cab (No. 2) Order 1995 and shall come into force on the 22nd April 1995.
2
The London Cab Order 1934 shall be amended in accordance with Article 3 below.
Scales of fares
3
1
Paragraph 40 (scales of fares excluding extras) shall be amended as follows.
2
For sub-paragraph (1) there shall be substituted the following —
1
Subject to sub-paragraph (2) below, the fare payable for the hiring of a motor cab shall be according to the following scale —
a
a hiring charge of 80p, and
b
in respect of any part of the hiring during which the motor cab travels at a speed exceeding 10.34 miles an hour, at the rate of 20p for 256.5 metres or, if the fare shown on the taximeter is £8.40 or more, at the rate of 20p for 171 metres, and
c
in respect of any part of the hiring during which the motor cab is stationary or travels at a speed not exceeding 10.34 miles an hour, at a rate of 20p for 55.5 seconds or, if the fare shown on the taximeter is £8.40 or more, at the rate of 20p for 37 seconds.
3
In sub-paragraph (2) for the words “would be less than £1.00 the fare payable shall be £1.00” there shall be substituted “would be less than £1.20 the fare payable shall be £1.20,”.
Signed by the authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
18th April, 1995


text:
Citation and commencement
1
This Order, which relates to material which may contain the agent causing bovine spongiform encephalopathy and which implements in respect of specified bovine offal —
a
paragraphs 1(b) and 3(a) of Article 3 of Commission Decision 94/474/ EC (concerning certain protection measures relating to bovine spongiform encephalopathy and repealing Decisions 89/469/ EEC and 90/200/EEC ); and
b
the provisions relating to animal waste of Council Directive 90/667/EEC (laying down the veterinary rules for the disposal and processing of animal waste, for its placing on the market and for the prevention of pathogens in feedstuffs of animal or fish origin and amending Directive 90/425/EEC ),
may be cited as the Specified Bovine Offal Order 1995 and shall come into force on 15th August 1995.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“approved” means approved by the appropriate Minister;
“enforcement authority” means the appropriate body specified in article 25 below;
“feedingstuff” includes petfood;
“food” has the same meaning as in the Food Safety Act 1990;
“intestines” means that part of the digestive tract of a bovine animal from the junction of the abomasum and the duodenum to (and including) the rectum;
“sell” includes have in possession for sale or offer or expose for sale;
“skull” does not include the bones of the lower mandible, those of the hyoid apparatus or those anterior to a transverse section formed between the posterior molars of the upper jaw and a point 30 millimetres anterior to both orbits;
“slaughterhouse” means any building, premises or place for slaughtering animals the flesh of which is intended for sale for human consumption;
“specified bovine offal” means —
the brain, spinal cord, spleen, thymus, tonsils and intestines of a bovine animal six months old or over which has died in the United Kingdom or has been slaughtered there;
the thymus and intestines of a bovine animal two months old or over but less than six months old which has died in the United Kingdom or has been slaughtered there;
the thymus and intestines of a bovine animal under two months old which has been slaughtered in the United Kingdom for human consumption,
and includes anything left attached to such organ after dissection of the carcase and any animal matter which comes into contact with the organ after it has been removed from the carcase, but does not include a whole carcase;
“tallow” means fat derived from animal tissues by a process of cooking.
2
Any reference to a head means the head of a bovine animal six months old or over.
3
For the purposes of this Order the supply of food or feedingstuffs otherwise than by sale at, in or from any place where food or feedingstuffs are supplied in the course of a business, shall be deemed to be a sale.
Approvals
3
1
The appropriate Minister may, on application, approve any premises for the purpose of this Order if he is satisfied that such premises are properly equipped to carry out the functions to which the approval relates and comply with the requirements of this Order.
2
Any approval granted under this Order shall be in writing and may be made subject to conditions and be amended, suspended or revoked at any time by notice in writing served on the person to whom the approval was granted if the appropriate Minister is satisfied that the conditions of this Order, or any additional conditions in the approval, are not being complied with.
Specified bovine offal for human consumption
4
1
No person shall sell any specified bovine offal, or any food containing specified bovine offal, for human consumption.
2
No person shall use any specified bovine offal in the preparation of food for sale for human consumption.
3
No person shall sell any specified bovine offal for use in the preparation of food for human consumption.
4
For the purposes of this article “specified bovine offal” includes anything derived from it.
Specified bovine offal for animal consumption
5
1
No person shall sell any specified bovine offal, or any feedingstuff containing specified bovine offal, for feeding to animals.
2
No person shall use any specified bovine offal in the preparation of any feedingstuff for animals.
3
No person shall sell any specified bovine offal for use in the preparation of any feedingstuff for animals.
4
No person shall feed to an animal any specified bovine offal or any feedingstuff containing specified bovine offal.
5
For the purposes of this article “specified bovine offal” includes anything derived from it other than fatty acids which have been extracted from tallow subjected to thermal hydrolysis at hyperbaric pressure.
Initial treatment of specified bovine offal in a slaughterhouse
6
1
When a bovine animal is slaughtered in a slaughterhouse, or slaughtered elsewhere than in a slaughterhouse but brought immediately to a slaughterhouse to be dressed for human consumption, the occupier of the slaughterhouse shall ensure that all specified bovine offal and, in the case of an animal six months old or over, the head are separated from the rest of the carcase.
2
Subject to the following provisions of this article, the occupier shall ensure that specified bovine offal other than the head is forthwith, and in any event before it is frozen, stained by being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No. 42051) in such a way that the colouring is clearly visible over the whole surface of the offal.
3
The occupier shall ensure that the specified bovine offal does not come into contact with any other animal material while in the slaughterhouse and that it is disposed of in accordance with this Order.
4
Material which is not specified bovine offal may be separated from intestines which have been removed from the carcase before the intestines are stained.
5
Subject to paragraph (6) below, the occupier shall ensure that, where a head is removed in accordance with paragraph (1) above, it is either —
a
stained and disposed of as specified bovine offal; or
b
kept separate from all other animal material other than unstained bovine heads and sent to an approved head boning plant in accordance with article 14 below.
6
Paragraph (5) above shall not apply in the case of meat (other than brains and eyes) or bones (other than bones forming the skull) removed from the head on the premises without disturbing the skull.
7
In the case of specified bovine offal which is intended to be examined by or on behalf of an officer of the appropriate Minister or a veterinary surgeon, the specified bovine offal shall not be stained until after the completion of such examination.
8
The requirement to stain specified bovine offal shall not apply in the case of specified bovine offal which is intended to be used for non-food or non-feedingstuff purposes in accordance with article 18 below.
Initial treatment of specified bovine offal elsewhere than in a slaughterhouse
7
1
Subject to the following provisions of this article, when specified bovine offal is removed from the carcase of a bovine animal elsewhere than in a slaughterhouse, the occupier of the premises at which the specified bovine offal is removed shall ensure that it is forthwith, and in any event before it is frozen, stained by being treated (whether by immersion, spraying or other application) with a 0.5% weight/volume solution of the colouring agent Patent Blue V (E131, 1971 Colour Index No. 42051) in such a way that the colouring is clearly visible over the whole surface of the offal.
2
The occupier shall ensure that the specified bovine offal does not come into contact with any other animal material while on the premises and that it is disposed of in accordance with this Order.
3
In the case of specified bovine offal which is intended to be examined by or on behalf of an officer of the appropriate Minister or a veterinary surgeon, the specified bovine offal shall not be stained until after the completion of such examination.
4
The requirement to stain specified bovine offal shall not apply in the case of specified bovine offal which is intended to be used for non-food or non-feedingstuff purposes in accordance with article 18 below.
Rendering whole carcases
8
Any person rendering a whole bovine carcase shall do so in accordance with article 17 below in the same way as if the carcase were specified bovine offal.
Exceptions from the requirement to stain specified bovine offal
9
The requirement in articles 6 and 7 above to stain specified bovine offal shall not apply if the specified bovine offal is to be sent to a veterinary or medical school, laboratory, hospital or similar institution for instructional, diagnostic or research purposes, provided that the specified bovine offal is stored separately from all other animal materials and is clearly identified as specified bovine offal.
Prohibition on the removal of the brain and eyes of a bovine animal
10
No person shall remove the brain or eyes from the head of a bovine animal except —
a
for the purposes of veterinary or scientific examination; and
b
in a part of the premises kept free at all times from food intended for human consumption; and
c
after the removal from the head of any meat or bones intended for human consumption,
and after such examination the skull, eyes and brain shall be disposed of as specified bovine offal in accordance with this Order.
Prohibition on the removal of the spinal cord of a bovine animal
11
1
No person shall remove the spinal cord from the vertebral column of a bovine animal aged six months or over except in a slaughterhouse or for the purposes of veterinary or scientific examination.
2
If the spinal cord is removed in a slaughterhouse, it shall be disposed of as specified bovine offal in accordance with this Order.
3
If the spinal cord is removed at any premises other than a slaughterhouse for the purposes of veterinary or scientific examination, after such examination both the spinal cord and the vertebral column shall be disposed of as specified bovine offal in accordance with this Order.
Prohibition of bringing in specified bovine offal from Northern Ireland
12
1
No person shall bring any specified bovine offal into Great Britain from Northern Ireland unless it has been stained in the way described in this Order.
2
Any person importing specified bovine offal from Northern Ireland shall forthwith transport it to one of the destinations specified in article 13(1) below.
Consignment of specified bovine offal
13
1
Subject to articles 14(5), 15(5) and 19(4) below, once specified bovine offal has been removed from the carcase and treated in accordance with this Order, the person responsible for its removal shall, without unreasonable delay, send it directly to —
a
an approved collection centre;
b
an approved rendering plant;
c
premises specified in article 9 above;
d
an approved incinerator;
e
in the case of heads, an approved head boning plant for the recovery of meat and bones from the heads; or
f
any other premises approved by the appropriate Minister which are not connected with the manufacture or preparation of food or feedingstuffs.
2
Any person consigning specified bovine offal from the place where it was removed from the carcase shall keep a record for two years from the date of consignment of the weight consigned, the date it was consigned and the destination of the specified bovine offal.
3
Any person consigning bovine heads from the place where they were removed from the carcase to an approved head boning plant shall keep a record for two years from the date of consignment of the number of heads consigned, the date they were consigned and the destination of the heads.
Approved head boning plants
14
1
Any person delivering bovine heads to an approved head boning plant shall state in writing to the operator of the head boning plant concerned the place from which those heads were collected for delivery to that head boning plant.
2
No person shall take delivery of bovine heads at a head boning plant or operate a head boning plant unless it has been approved by the appropriate Minister and is suitably equipped and operated so as to remove meat and any other bones from the head in such a way that the skull is not disturbed.
3
The operator of an approved head boning plant shall record on arrival of bovine heads at the premises —
a
the number of heads delivered;
b
the date of delivery; and
c
the place from which they were consigned,
and shall keep such records for two years from the date of arrival.
4
Once meat and bones have been removed the operator of an approved head boning plant shall ensure that all specified bovine offal is kept separate from all other animal material and stained and disposed of as specified bovine offal in accordance with this Order.
5
No person shall remove specified bovine offal from an approved head boning plant except to —
a
an institution described in article 9 above subject to the qualifications there described; or
b
premises approved under article 16, 17 or 18 below,
and shall keep a record for two years from the date of consignment of the weight of any specified bovine offal consigned, the date of such consignment and the point of destination.
Approved collection centres
15
1
Any person delivering specified bovine offal to an approved collection centre shall state in writing to the operator of the collection centre concerned the place from which that specified bovine offal was collected for delivery to that collection centre.
2
No person shall take delivery of specified bovine offal at a collection centre, or operate a collection centre for specified bovine offal, unless it has been approved by the appropriate Minister and has sufficient facilities for storing and handling specified bovine offal in a manner which keeps it separate from other animal material.
3
The operator of an approved collection centre shall record on arrival of specified bovine offal at the premises —
a
the weight of the specified bovine offal delivered;
b
the date of delivery; and
c
the place from which it was consigned,
and shall keep such records for two years from the date of arrival.
4
The operator of an approved collection centre shall ensure that all specified bovine offal in the collection centre is kept separate from all other animal material.
5
No person shall remove specified bovine offal from an approved collection centre except to an approved renderer or an approved incinerator, and shall keep a record for two years from the date of consignment of the weight of any specified bovine offal consigned, the date of such consignment and the point of destination.
Approved incinerators
16
1
Any person delivering specified bovine offal to an approved incinerator shall state in writing to the operator of the incinerator concerned the place from which that specified bovine offal was collected for delivery to that incinerator.
2
No person shall operate an incinerator incinerating specified bovine offal unless the incinerator has been approved by the appropriate Minister as having suitable facilities to incinerate specified bovine offal in accordance with paragraph (4) below and dispose of the ash in a way that does not pose a risk to human or animal health. In particular, the incinerator shall be equipped with a refractory lining and be heated by fuel conveyed into the incinerator during incineration by mechanically forced draught.
3
The operator of an approved incinerator shall record on arrival of specified bovine offal at the premises —
a
the weight of the specified bovine offal delivered;
b
the date of delivery; and
c
the place from which it was consigned,
and shall keep such records for two years from the date of arrival.
4
The operator of an approved incinerator shall incinerate all specified bovine offal delivered to him to a standard specified in the approval and in such a way that all moisture is removed, the material is reduced to ash and the ash is disposed of in accordance with the terms of the approval.
5
No person shall remove specified bovine offal from an approved incinerator unless it has been completely incinerated.
Approved rendering plants
17
1
Any person delivering specified bovine offal to an approved rendering plant shall state in writing to the operator of the rendering plant concerned the place from which that specified bovine offal was collected for delivery to that rendering plant.
2
No person shall take delivery of specified bovine offal at a rendering plant, or operate a rendering plant for specified bovine offal, unless it has been approved by the appropriate Minister as having the facilities specified in Part I of the Schedule to this Order sufficient to enable it to separate the specified bovine offal into protein and tallow by one of the methods specified in Part II of that Schedule.
3
The operator of an approved rendering plant shall record on arrival of specified bovine offal at the premises —
a
the weight of the specified bovine offal delivered;
b
the date of delivery; and
c
the place from which it was consigned,
and shall keep such records for two years from the date of arrival.
4
The operator of an approved rendering plant shall ensure that all specified bovine offal in the rendering plant is kept and stored separately from all other material, handled separately from other material and rendered separately from other material.
5
The operator of an approved rendering plant shall ensure that specified bovine offal is processed without undue delay and in any event within seven days of delivery using one of the methods described in Part II of Schedule to this Order.
6
The operator of an approved rendering pant shall ensure that any equipment used for processing specified bovine offal is used only for that purpose.
7
After the specified bovine offal has been processed and separated into protein and tallow the operator of the plant shall ensure that —
a
all protein is placed in a container labelled “specified bovine offal” and disposed of —
i
by burial at a landfill site for which there exists a current waste management licence granted under section 35 of the Environmental Protection Act 1990; or
ii
as specified in the approval; or
iii
sent to an approved incinerator for incineration; and
b
all tallow is placed in a container labelled “specified bovine offal”and —
i
disposed of by burial at a landfill site for which there exists a current waste management licence granted under section 35 of the Environmental Protection Act 1990; or
ii
sent for purposes not connected with the preparation of food or feedingstuffs; or
iii
sent for treatment by thermal hydrolysis at hyperbaric pressure.
8
The operator of an approved rendering plant shall keep a record for two years of the weight of protein consigned and a separate record of the weight of tallow consigned, and in each case the date of such consignment and the point of destination.
9
The operator of an approved rendering plant shall ensure that all containers, receptacles and vehicles which have been used for the transport of specified bovine offal are cleaned, washed and disinfected before they leave the premises.
10
No person shall move from the unclean section of an approved rendering plant (as specified by the occupier in accordance with paragraph 3 of Part I of the Schedule to this Order) into the clean section without first changing their working clothes and footwear or disinfecting the latter.
11
No person shall take equipment or utensils from the unclean section into the clean section of an approved rendering plant unless the equipment or utensils are first washed and disinfected.
12
The operator of an approved rendering plant shall ensure that systematic measures are taken to control birds, rodents, insects and other vermin on the premises.
13
The operator of an approved rendering plant shall ensure that the premises and equipment are kept in a good state of repair and that measuring equipment is calibrated at regular intervals.
Approved premises not connected with food and feedingstuffs
18
1
This article shall apply to premises approved by the appropriate Minister as being suitable to process specified bovine offal for use in a manufacturing process, provided that such manufacture is not in any way connected with food or feedingstuffs and does not pose a risk to human or animal health.
2
Any person delivering specified bovine offal to premises approved under this article shall state in writing to the operator of the premises concerned the place from which that specified bovine offal was collected for delivery to those premises.
3
No person shall process specified bovine offal at premises approved under this article except in accordance with the conditions of such approval.
4
The operator of such approved premises shall record on arrival of specified bovine offal at the premises —
a
the weight of the specified bovine offal delivered;
b
the date of delivery; and
c
the place from which it was consigned,
and shall keep such records for two years from the date of arrival.
Veterinary or laboratory premises, etc.
19
1
No person shall transport specified bovine offal to premises specified in article 9 above unless the specified bovine offal is in a container marked with —
a
the words “specified bovine offal”;
b
its place of destination; and
c
the name of the person to whom it is being sent.
2
Any person delivering specified bovine offal to such premises shall state in writing to the occupier of the premises the place from which the specified bovine offal was collected for delivery.
3
The person to whom the specified bovine offal is consigned shall record on arrival of the specified bovine offal at the premises —
a
the weight of the specified bovine offal delivered;
b
the date of delivery; and
c
the place from which it was consigned,
and shall keep such records for two years from the date of arrival.
4
When the specified bovine offal is no longer needed, the person to whom it was consigned shall ensure that any residual specified bovine offal is buried or effectively destroyed and shall keep a record for two years of the place and method of burial or destruction.
Powers to give directions
20
1
If the appropriate Minister is satisfied that specified bovine offal cannot be disposed of under the provisions of this Order, whether for reasons of mechanical breakdown of equipment or otherwise, he may give written directions to the owner or person in control of the specified bovine offal for its disposal in a safe manner.
2
In the event of any person not complying with such directions, the appropriate Minister may make arrangements for the disposal of the specified bovine offal at the expense of the owner.
3
Any person failing to comply with any direction given under this Order shall be guilty of an offence under the Animal Health Act 1981.
Export
21
No person shall export specified bovine offal, or protein or tallow derived from specified bovine offal, from Great Britain to another member State except in accordance with a licence granted by the Minister.
Samples
22
Where an inspector has reasonable grounds for supposing that the provisions of this Order are not being complied with, he may take from any carcase or part of a carcase, tallow, protein, offal, food or feedingstuff such samples as he considers necessary to establish whether or not an offence has taken place.
Transport
23
1
The person in control of a vehicle transporting specified bovine offal shall ensure that it is conveyed either in an impervious container which contains nothing but specified bovine offal or in a part of the vehicle which is impervious and contains nothing but specified bovine offal and which in either case is kept covered at all times except when necessary for loading or unloading or examination by an authorised officer of an enforcement authority.
2
Any person transporting specified bovine offal shall ensure that the part of the vehicle in which specified bovine offal has been conveyed is thoroughly washed and disinfected before any food, feedingstuff or other animal material is subsequently placed in that part of the vehicle.
3
In this article the expression “vehicle”means, in any case in which specified bovine offal is conveyed in a bulk container, that container.
4
The requirements of this article shall not apply in the case of the heads of bovine animals which are transferred from a slaughterhouse to an approved head boning plant for removal of meat from those heads.
Storage
24
1
Subject to paragraph (2) below, no person shall store specified bovine offal in the same room as food.
2
The requirement in paragraph (1) above shall not apply where an officer of the enforcement authority has approved the storage of specified bovine offal in the same room as food on being satisfied that the arrangements for storage will ensure the adequate separation of the specified bovine offal from the food.
Enforcement
25
1
This Order shall be enforced —
a
in relation to premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995, by the appropriate Minister; and
b
in any other case by the local authority.
Transitional provisions
26
1
Any requirement under this Order relating to an approval for a rendering plant shall not operate until six months after the coming into force of this Order.
2
Any requirement under this Order relating to an approval other than for a rendering plant shall not operate until three months after the coming into force of this Order.
Amendments to the Bovine Spongiform Encephalopathy Order 1991
27
1
The Bovine Spongiform Encephalopathy Order 1991 shall be amended in accordance with this article.
2
In article 4 (interpretation) the definitions of “intestines”and “specified bovine offal”are hereby revoked.
3
Article 9 (movement of protein derived from specified bovine offal) is hereby revoked.
4
In article 12 (prohibition of sale, supply and use of certain feedingstuffs for feeding to animals and poultry) —
a
sub-paragraphs (c) and (d) of paragraph (1) are hereby revoked; and
b
for paragraph (2) there shall be substituted the following paragraph —
2
The prohibition in paragraph (1) above shall not apply to the feeding to an animal of any feedingstuff for research purposes in a research establishment under the authority of a licence issued by a veterinary inspector of the Minister and in accordance with any conditions subject to which the licence is issued, or to the sale or supply of any feedingstuff to a research establishment for such purposes.
.
5
Article 14 (regulation of exportation of specified bovine offal) is hereby revoked.
6
In article 15 (sampling) —
a
for the words “articles 9, 12 and 14” there shall be substituted the words “article 12”; and
b
the words “offal or” shall be deleted.
7
In article 16 (production of licences) —
a
in paragraph (1) —
i
for the words “animal, carcase or any protein”there shall be substituted the words “animal or carcase”, and
ii
for the words “animal, carcase or protein”there shall be substituted the words “animal or carcase”;
b
paragraph (2) is hereby revoked.
8
In article 17 (offences) —
a
for sub-paragraph (b) there shall be substituted —
b
contravenes article 5(1), 5(2), 5(3), 6(3), 12(1), 13(1) or 16(1)
; and
b
for sub-paragraph (d) there shall be substituted —
d
fails to comply with any condition of a licence issued under article 6(5)(b), 7(1), 12(2) or 13(2)(b), or
.
Angela Browning
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
20th July 1995
Lindsay
Parliamentary Under Secretary of State Scottish Office
20th July 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State Welsh Office
20th July 1995


text:
Title and commencement
1
This Order may be cited as the Ayrshire and Arran Tourist Board Scheme Order 1995 and shall come into force on 31st August 1995.
Interpretation
2
In this Order —
“ the scheme ” means the Ayrshire and Arran Tourist Board Scheme 1995;
“ the Board ” means the Ayrshire and Arran 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 areas of East Ayrshire, North Ayrshire and South Ayrshire.
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:
Citation, commencement and interpretation
1
1
This Order may be cited as the Training for Work (Scottish Enterprise and Highlands and Islands Enterprise Programmes) Order 1995 and shall come into force on 1st August 1995.
2
In this Order unless the context otherwise requires —
“the 1990 Act ” means the Enterprise and New Towns (Scotland) Act 1990;
“employer” means a person for whom and under whose supervision and control a trainee works in connection with his participation in a Training for Work Programme ;
“facilities” means facilities provided in pursuance of a Training for Work Programme;
“Training for Work Programme” means the Training for Work Scottish Enterprise Programme or the Training for Work Highlands and Islands Enterprise Programme;
“training allowance” means a payment made directly or indirectly by the Secretary of State to a trainee in connection with his use of facilities; and
“trainee” means a person using facilities.
Application
2
This Order applies only to the treatment in respect of a period commencing on or after 8th August 1995 of a trainee and of payments made to him on or after that date in connection with his use of facilities in respect of such period for the purposes of —
a
Part I of the Social Security Contributions and Benefits Act 1992 ; and
b
the subordinate legislation specified in the Schedule to this Order.
Treatment of trainees in receipt of or eligible for training allowance
3
Subject to article 4, in respect of any period for which a trainee receives or is eligible to receive a training allowance he shall be treated as not being employed but as participating in arrangements for training under section 2(3) of the 1990 Act; and accordingly any payment made to such trainee during that period in connection with his use of facilities shall be treated in the same manner as a payment made in respect of such training.
Treatment of trainees entitled to remuneration from employer
4
In respect of any period for which a trainee receives no training allowance but receives or is entitled to receive payment by way of remuneration from his employer in connection with his use of facilities he shall be treated as employed by his employer; and any such payment made to him by his employer shall be treated as earnings.
Revocation
5
The Training for Work (Scottish Enterprise and Highlands and Islands Enterprise Programmes) Order 1993 is hereby revoked.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
7th July 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the University Dental Hospital National Health Service Trust (Establishment) Order 1995 and shall come into force on 6th February 1995.
2
In this Order unless the context otherwise rquires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 6th February 1995;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means University Dental Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called University Dental Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage the establishment or facility known as the Dental Hospital and School, Heath Park, Cardiff CF4 4XY and establishments associated with that hospital including the management of the facilities provided at and from those establishments and also including the management of any teaching and research facilities associated with those establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors, one of whom shall be appointed from the University of Wales, and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
South Glamorgan Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
South Glamorgan Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be South Glamorgan Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
John Redwood
Secretary of State for Wales
16th January 1995