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PART I
General
Citation, commencement and interpretation
1
1
This Order may be cited as the Railway Pensions (Protection and Designation of Schemes) Order 1994 and shall come into force on 31st May 1994.
2
In this Order —
“ the Act ” means the Railways Act 1993;
“associated employer” has the same meaning as in section 153(4) of the Employment Protection (Consolidation) Act 1978 ;
“continuity of employment” means the continuity of a period of employment of a person, as determined in accordance with paragraph 6(10) of Schedule 11 and article 9, and cognate expressions shall be construed accordingly;
“designated scheme” —
in relation to a person, means the occupational pension scheme which is designated as an existing scheme by article 15, and is listed in the Schedule to this Order, which is the last such scheme in which that person participated before the coming into force of this Order; and
any reference to the relevant pension rights of the person in question under such a scheme is a reference to the relevant pension rights to which that person is entitled when this Order comes into force (whether that scheme is subsequently amended or not);
“protected employee” means a person who is a protected person by virtue of paragraph 5(a) or (b) (meaning of protected person) of Schedule 11;
“relevant date” in relation to an occupational pension scheme means the first date on which relevant pension rights are acquired under, or transferred to, that scheme;
“relevant employment” means employment as an employee of —
the Board or any subsidiary of the Board;
any person who has acquired an undertaking, or part of an undertaking, which was carried on by the Board, or a subsidiary of the Board, immediately before the passing of the Act; or
a company which was a subsidiary of the Board immediately before the passing of the Act;
“relevant pension rights” has the same meaning as in paragraph 6(3) of Schedule 11;
“relevant scheme” means an occupational pension scheme which relates to relevant employment;
“replacement arrangement” means —
a replacement scheme; or
an appropriately secured policy of insurance, an appropriately secured annuity contract, or more than one such policy or contract, within the meaning of section 19 (liability secured by insurance or annuity contracts) of the Pensions Schemes Act 1993 or section 15 (liability secured by insurance or annuity contracts) of the Pension Schemes (Northern Ireland) Act 1993 ;
“replacement scheme” means an occupational pension scheme which is —
a scheme, or a section of a scheme, which is approved by the Board of Inland Revenue for the purposes of Chapter I or Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 or is capable of being so approved; or
a statutory scheme as defined in section 612(1) of that Act;
“Schedule 11” means Schedule 11 to the Act;
“scheme actuary” in relation to a scheme, or a section of a scheme, means an actuary who —
is a person who, or an employee of a firm or company which, or a partner in a firm which, has been appointed by the trustees of that scheme or section to perform the functions of a scheme actuary for which provision is made in this Order; and
who is —
a Fellow of the Institute of Actuaries;
a Fellow of the Faculty of Actuaries; or
a person who holds a qualification, obtained outside the United Kingdom, which is recognised by that Institute or Faculty as being adequate for the performance of those functions;
“transfer value” means a transfer value calculated under article 6.
3
Subject to paragraph 1(2) of Schedule 11 and to paragraph (2), expressions used in this Order and in Part I or II of the Act have the same meaning in this Order as they have in that Part.
4
Section 149 of the Act shall apply to any notice given under this Order as it applies to any document required or authorised to be served by virtue of the Act.
5
Except so far as the context otherwise requires, any reference in this Order —
a
to a numbered article is to the article in this Order which bears that number;
b
in an article to a numbered paragraph is to the paragraph of that article which bears that number; and
c
in a paragraph to a lettered sub–paragraph is to the sub–paragraph of that paragraph which bears that letter.
PART II
Protected Persons
Protected persons — conditions
2
The conditions specified in this article are the conditions prescribed for the purposes of paragraph 5(b) (meaning of “protected person”) of Schedule 11 —
a
the person in question was not participating in an existing scheme immediately after the passing of the Act but had not voluntarily withdrawn or transferred from the existing scheme in which he had last participated;
b
where the person in question was not an employee of the Board or of a subsidiary of the Board immediately after the passing of the Act, he has thereafter entered relevant employment —
i
under a statutory or contractual right, which had subsisted before the passing of the Act, to return to relevant employment;
ii
pursuant to a representation which had been made before the passing of the Act to the effect that he could return to relevant employment made by the Board or a subsidiary of the Board, whether or not he returns to the relevant employment mentioned in that representation; or
iii
in circumstances in which his period of continuous employment began before the passing of the Act; and
c
the person in question —
i
has participated, or within 6 months of returning to relevant employment or by 31st March 1995, if later, has applied to participate, in a relevant scheme from the first day after the passing of the Act on which he became entitled to participate in it; or
ii
where there is no relevant scheme in which he is entitled to participate, has given notice to his employer within 6 months of his returning to relevant employment or 31st March 1995, if later, of his wish to participate in a relevant scheme from a date no later than the date of his return to that employment.
Commencement of protected period where person not participating immediately before the passing of the Act
3
The time prescribed for the purposes of paragraph 6(4)(b) of Schedule 11 (time at which the protected period begins for protected employees who fall within paragraph 5(b) of that Schedule) is the beginning of the first day after the passing of the Act in respect of which the person in question is, by virtue of his participation in a relevant scheme, regarded as a participant under the provisions of that scheme.
Obligation to provide a scheme
4
1
Any person who employs a protected employee shall provide an occupational pension scheme in which that employee may participate and to which the transfer value in respect of his relevant pension rights which he has acquired, other than any relevant pension rights acquired on the death of a protected person, may be transferred.
2
An occupational pension scheme which is provided in accordance with paragraph (1) shall include provision under which —
a
a protected employee may acquire —
i
relevant pension rights in respect of any transfer value paid to that scheme, which are no less favourable than his relevant pension rights in the scheme from which he is transferring in respect of which that transfer value has been paid; and
ii
relevant pension rights in respect of any participation by that employee in that scheme which are no less favourable than the relevant pension rights which he had under his designated scheme;
b
the trustees are required to obtain, at intervals of not more than 18 months calculated from the relevant date in relation to that scheme, accounts which show a true and fair view of the financial transactions of the scheme and which have been audited by a person who has been appointed by the trustees and who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989 or a person who holds a qualification, obtained outside the United Kingdom, which is recognised by the Secretary of State as being adequate for the performance of that function.
3
For the purposes of this article, and articles 5 and 6, in making any determination as to whether any relevant pension rights in an occupational pension scheme are more or less favourable than any such rights in the designated pension scheme of the protected person in question (or, where the context requires, any other scheme) regard shall be had to the provisions of the schemes as a whole and the circumstances and manner in which that designated scheme permitted (or the other scheme in question permits or permitted) increases in contributions or reductions in accrued or accruing benefits.
Participation and acquisition of relevant pension rights
5
None of the persons mentioned in paragraph 7(2) (protection — supplementary provisions) of Schedule 11 nor any servant or agent of any such person nor, where any such person is a body corporate, any person who controls that body corporate, shall prevent a protected employee from —
a
participating in, or transferring the transfer value in respect of such of his relevant pension rights, other than any relevant pension rights acquired on the death of a protected person to, an occupational pension scheme provided by his employer in accordance with article 4;
b
acquiring relevant pension rights in that scheme which are no less favourable than the relevant pension rights which he had under his designated scheme.
Scheme amendment, transfer and winding up
6
1
Any amendment of an occupational pension scheme which would otherwise have the effect of making the relevant pension rights of a protected person less favourable than the relevant pension rights in his designated scheme shall have no effect in relation to those rights.
2
Any transfer of the relevant pension rights of a protected person from one occupational pension scheme to another such scheme shall have no effect until the trustees of the scheme from which those rights are to be transferred have, wholly or to the extent that they are able —
a
under the provisions of that scheme; and
b
from the share of the fund of that scheme, as determined by the trustees, which is in the opinion of the scheme actuary attributable to the protected person whose rights are to be transferred;
paid a transfer value in respect of those rights which is not less than the higher of the amounts for which provision is made in paragraph (3) or (4), as calculated by the scheme actuary of the scheme from which those rights are to be transferred.
3
The transfer value calculated under this paragraph shall be the amount which is necessary to provide the benefits to which that protected person would have been entitled under the occupational pension scheme from which he is to transfer and, for the purposes of this determination, the scheme actuary shall have regard to all relevant matters including —
a
the relevant pension rights which the protected person in question has acquired in the transferor scheme; and
b
any increase in the value of those rights which is attributable to any increase in the final earnings of that person which, but for the transfer, would have been expected.
4
The transfer value calculated under this paragraph shall be of such an amount as, in the case of the protected person in question, is equal to the cash equivalent, calculated in accordance with the provisions of Chapter IV of Part IV of the Pensions Schemes Act 1993 or, where it applies, Chapter IV of Part IV of the Pension Schemes (Northern Ireland) Act 1993 .
5
The trustees of a scheme to which a transfer value is paid in accordance with this Order shall provide, to or in respect of the person for whom it was paid, relevant pension rights which —
a
as respects such rights which accrued up to the date of the transfer, are no less favourable than the relevant pension rights which were the relevant pension rights of the protected person in question immediately before his transfer under the scheme from which he transferred; and
b
as respects the accrual of relevant pension rights after that date, are no less favourable than the relevant pension rights which he had under his designated scheme.
6
No person mentioned in paragraph 7(2) of Schedule 11 shall wind up an occupational pension scheme, or part of such a scheme, in which a protected person has relevant pension rights unless the steps set out in paragraph (7) or (8) have first been taken and any such steps which are taken without first complying with those requirements, as the circumstances may require, shall have no effect.
7
Where the protected person in question is a protected employee, his employer has —
a
provided a replacement scheme to which relevant pension rights may be transferred; and
b
taken all reasonable steps to ensure that the relevant pension rights of the person in question shall be no less favourable than —
i
as respects relevant pension rights accrued up to the date of the transfer, the relevant pension rights of the protected person in question immediately before his transfer under the scheme from which he is to transfer; and
ii
as respects the accrual of relevant pension rights after that date, the relevant pension rights which he had under his designated scheme.
8
In any case to which paragraph (7) does not apply, the person who has power to pay the transfer value in respect of the relevant pension rights of the protected person in question has paid an amount into a replacement arrangement which is sufficient to secure relevant pension rights which, in the opinion of the scheme actuary, immediately before the transfer are no less favourable than that person’s relevant pension rights were under the scheme from which he is to be transferred.
Contributions
7
1
Subject to the following paragraphs of this article, where any person mentioned in paragraph 7(2) (protection: supplementary provisions) of Schedule 11 is under a duty to contribute to —
a
a section of an occupational pension scheme in which a protected person has relevant pension rights; or
b
where sub–paragraph (a) does not apply, an occupational pension scheme in which a protected person has relevant pension rights;
the contributions which that person shall make under that duty shall be not less than such amount as, in the opinion of the scheme actuary, shall be sufficient to make provision in respect of the rights specified in paragraph (2) after having taken into account all of the relevant matters, including the resources of the occupational pension scheme or the relevant section of it and any employee contributions.
2
The following rights are specified for the purposes of paragraph (1) —
a
the pension rights which, at the date in respect of which the scheme actuary gives that opinion, have been accrued under that scheme or section or been transferred to it in accordance with article 6;
b
any pension rights which are accruing in respect of current participation in that scheme or section; and
c
where provision is made in the rules of the scheme or section for the future enhancement of those rights in consequence of increases in remuneration, any such enhancement of those rights.
3
No obligation to make contributions arises under paragraph (1) in any case where, in the opinion of the scheme actuary, the funds of the occupational pension scheme or section in question are sufficient for the purpose mentioned in that paragraph.
4
Where relevant pension rights are transferred from one occupational pension scheme to another such scheme and the transfer value paid by the trustees of the transferring scheme under article 6(2) in respect of those relevant pension rights is less than the amount which, in the opinion of the scheme actuary of the transferring scheme, would have been required to provide no less favourable relevant pension rights under the transferring scheme as required under article 6(5) —
a
the person who is required under article 4 to provide the scheme from which those rights are transferred shall pay or secure the payment to the trustees of the scheme to which those rights are transferred the difference (if any) between the amounts calculated under article 6(2) and 6(5)(a); and
b
without prejudice to the obligation imposed by sub–paragraph (a), the person who is required under article 4 to provide the scheme to which those rights are transferred shall pay or secure the payment to the trustees of that scheme of such part of any difference between the amounts calculated under article 6(2) and 6(5)(a) as is not paid to the trustees of that scheme under that sub–paragraph.
5
The trustees of any occupational pension scheme, or any section of such a scheme, in which there are relevant pension rights shall not exercise any of their powers so as to —
a
increase any contributions which are payable to that scheme or section by a protected employee; nor
b
reduce any benefits which are payable in respect of any protected person;
unless that increase, or as the case may be reduction, is made in the circumstances and manner in which it could have been made under the designated scheme of the person in question and the scheme actuary has, within the period of 6 months which immediately precedes any such increase or reduction, advised the trustees that it may or should be made.
6
The trustees of any occupational pension scheme, or any section of such a scheme, in which there are relevant pension rights shall obtain an opinion from the scheme actuary for the purposes of paragraph (1) where —
a
a period of 3 and a half years has elapsed since an opinion has been obtained in accordance with this paragraph or paragraph (5);
b
a period of 3 and a half years has elapsed since the relevant date in relation to that scheme and no opinion has been obtained in accordance with this paragraph or paragraph (5) since that date;
c
circumstances have arisen in which it is appropriate for the scheme actuary to give a further opinion for the purposes of Part III of the Pension Schemes Act 1993 or Part III of the Pension Schemes (Northern Ireland) Act 1993 , or in which it would be appropriate for the scheme actuary to give such an opinion if the scheme in question were contracted–out within the meaning of either of those Acts; or
d
the scheme or section in question is to be wound–up in whole or in part.
7
Where the opinion or advice of the scheme actuary has been given under this article, he shall (as soon as is reasonably practical) provide to the trustees of the scheme or section in question a schedule which specifies the contributions which are required, and the dates on which they are required, in order to meet the liabilities of that scheme or section.
Circumstances in which Part II of this Order ceases to have effect
8
1
Subject to article 9, Part II of this Order shall cease to have effect in relation to a protected employee where his continuity of employment is broken, except in relation to any relevant pension rights which he acquired before the break in that continuity.
2
Subject to article 10, Part II of this Order shall cease to have effect in relation to a protected employee where he voluntarily withdraws from an occupational pension scheme, except in relation to any relevant pension rights which he acquired before that withdrawal.
3
Where a protected person requests that his relevant pension rights be transferred from an occupational pension scheme by a written request addressed to a trustee of that scheme, Part II of this Order shall cease to have effect in relation to that protected person except to the extent that any of his relevant pension rights are not transferred pursuant to that request.
Circumstances in which breaks in continuity of employment are disregarded
9
1
For the purposes of articles 3 to 8, and for all other purposes of paragraph 6 (the powers of protection) of Schedule 11, there shall be disregarded, except to the extent specified in paragraph (3) —
a
any break in the continuity of employment of a person who has re–entered relevant employment pursuant to a statutory or contractual right to return to relevant employment which existed before that break;
b
any period which falls between the ceasing of employment with one former employer who was participating in the joint industry scheme and the entering into employment with an associated employer of that former employer who is also participating in that scheme, where that period would have been disregarded in determining continuity of employment of the person in question if it had occurred whilst that person was employed by the same employer or an employer who is an associated employer of that employer; or
c
any period which falls between the ceasing of employment with one employer who is engaged in the railway industry and the beginning of a further period of employment with another employer who is engaged in that industry which —
i
would have been disregarded in determining continuity of employment of the person in question if it had occurred whilst that person was employed by the same employer or an associated employer of that employer;
ii
begins after the passing of the Act; and
iii
ends no later than 1st October 1994;
and for the purposes of this sub–paragraph “engaged in the railway industry” shall be construed in accordance with paragraph 8(7) (employers who are to be regarded as engaged in the railway industry) of Schedule 11 and article 11(4) (which specifies activities for the purposes of that paragraph).
2
For the purposes mentioned in paragraph (1) there shall also be disregarded, except to the extent specified in paragraph (3), any break in the continuity of employment of a person where —
a
he has been in relevant employment as an employee of one employer;
b
he is taken into relevant employment as an employee of another employer;
c
he has not initiated that change of employment nor has he actively sought to be taken into the employment of that other employer; and
d
the employer mentioned in sub–paragraph (a) is an associated employer of the employer mentioned in sub–paragraph (b).
3
Where a break in the continuity of employment is disregarded under this article, the period during which the person in question was not in relevant employment shall not be included as part of that period of that employment.
Circumstances in which voluntary withdrawals are disregarded
10
For the purposes of articles 3 to 8 and for all other purposes of paragraph 6 of Schedule 11, any voluntary withdrawal from an occupational pension scheme by a protected person shall be disregarded where the protected person in question has ceased to participate in an occupational pension scheme by reason of —
a
a break in his continuity of employment which is disregarded under article 9 provided that he begins to participate in an existing scheme or a new scheme as soon as it is reasonably practicable after he becomes eligible so to do; or
b
a transfer from one occupational pension scheme to another occupational scheme where, at the time of the transfer, he is eligible to participate in either of those schemes by virtue of his employment or, where a new employer has taken over the business in which that person was employed, by virtue of his employment with his former or new employer.
PART III
Participation in the joint industry scheme
Entitlement to participate
11
1
Subject to the following paragraphs of this article, any person to whom paragraph 8(1) (entitlement to participate in the joint industry scheme) of Schedule 11 applies shall have the right to continue to participate in the joint industry scheme in accordance with the rules of that scheme unless and until the termination conditions to which reference is made in paragraph 8(5) of that Schedule become fulfilled in his case.
2
The conditions which are prescribed for the purposes of paragraph 8(2)(b)(iii) (conditions required to be fulfilled if that paragraph is to apply to certain persons) of Schedule 11 are —
a
the person in question was not participating in an existing scheme immediately after the passing of the Act but he had not voluntarily withdrawn or transferred from the existing scheme in which he had last participated;
b
where the person in question was not an employee of the Board or of a subsidiary of the Board immediately after the passing of the Act, he has thereafter entered the employment of an employer who is engaged in the railway industry —
i
pursuant to a statutory or contractual right to return to such employment or to a representation to the effect that he could return to such employment made by the Board of a subsidiary of the Board and that right has subsisted or, as the case may be, that representation had been made before the passing of the Act; or
ii
in circumstances in which his period of continuous employment began before the passing of the Act; and
c
the person in question either —
i
has participated, or within 6 months of returning to relevant employment or by 31st March 1995, if later, has applied to participate, in the joint industry scheme from the first day after the passing of the Act on which he became entitled to participate in it; or
ii
where there is no section of the joint industry scheme in which he is entitled to participate, has given notice to his employer within 6 months of his returning to relevant employment or by 31st March 1995, if later, of his wish to participate in that scheme from a date no later than the date of his return to that employment.
3
There shall be disregarded for the purpose of determining whether a person fulfils the qualifying conditions or whether the termination conditions have become fulfilled in his case —
a
any break in his continuity of employment where —
i
until that break begins he is employed by an employer who is engaged in the railway industry;
ii
within 6 months of the beginning of that break he begins a new period of employment with an employer who is engaged in that industry; and
iii
during that break he is not at any time employed by an employer who is not engaged in that industry;
b
a voluntary withdrawal from an occupational pension scheme where a person withdraws from such a scheme in consequence of his change from employment with one employer engaged in the railway industry to employment with an associated employer who is so engaged provided that he participates in an occupational pension scheme which relates to his new employment within 6 months of that voluntary withdrawal; and
c
any period not exceeding 12 months during which he is not in the employment of an employer engaged in the railway industry where, throughout the period in question, either —
i
he remains in relevant employment; or
ii
any break in his continuity of employment is disregarded for the purposes of any provision of this Order.
4
The activities specified for the purposes of paragraph 8(7) (activities to be regarded as the railway industry) of Schedule 11 are —
a
the provision of any railway services;
b
the operation of any railway assets;
c
the manufacture, supply (whether by way of sale, lease or otherwise) or maintenance of goods used or to be used in the provision of railway services or the operation of railway assets;
d
the supply (whether by way of sale, lease or otherwise) of goods or the provision of services or facilities for any purpose ancillary or related to, or connected with, an activity specified in sub–paragraph (a), (b) or (c)
provided that,in each case, the activity is carried on —
i
by the Board or a subsidiary of the Board;
ii
in the course of an undertaking, being an undertaking derived (wholly or partly, directly or indirectly) from, or from some part of, an undertaking carried on by the Board or a subsidiary of the Board after the commencement of the Act; or
iii
in the course of an undertaking the property, rights or liabilities of which were acquired (wholly or partly, directly or indirectly) from the Board or a subsidiary of the Board and which were disposed of by the Board or such subsidiary after the commencement of the Act.
5
The employer of a person for the time being entitled to the right conferred by paragraph (1) shall, so far as he is able, provide a section of the joint industry scheme which is a shared cost arrangement within the meaning of the Railway Pension Scheme Order 1994 —
a
to which any pension rights of that person which have been derived from employment with an employer who is engaged in the railway industry may be transferred; and
b
under which that person may acquire further pension rights by virtue of his employment with that employer.
6
Where a person who has the right to participate in the joint industry scheme under paragraph (1) participates in that scheme, his employer for the time being shall pay any contributions which are required of the employer of that person under that scheme.
7
Where the approval or consent of a person is necessary in connection with the doing of anything which is required to be done under this article, that person shall give his approval or consent.
8
A person who would otherwise be entitled to the right conferred by virtue of paragraph (1) may be prevented from continuing to participate in the joint industry scheme in circumstances where his continued participation in that scheme would in the opinion of the trustees of that scheme —
a
prejudice any approval of that scheme for the purposes of Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 (retirement benefit schemes); or
b
prevent the scheme from being a contracted–out scheme for the purposes of Part III of the Pension Schemes Act 1993 or Part III of the Pension Schemes (Northern Ireland) Act 1993.
PART IV
Election, arbitration and enforcement
Elections
12
1
Subject to the following provisions of this article —
a
a protected person may elect that Part II of this Order shall not have effect with respect to him or his surviving dependants by giving written notice of his election to the trustees of the scheme in which he has relevant pension rights;
b
a person with the right to continue to participate in the joint industry scheme under article 11 may elect that Part III of this Order shall not have effect with respect to him by giving written notice of his election to the trustees of the joint industry scheme.
2
Where a notice of election is given to the trustees of an occupational pension scheme under paragraph (1) —
a
by a protected person, Part II of this Order shall cease to have effect in relation to any of his rights as such a person to the extent that those rights are specified in that notice;
b
by a person with the right to participate in the railway industry under article 11, Part III of this Order shall cease to have effect in relation to any of his rights as such a person to the extent that those rights are specified in that notice.
3
An election under this article shall have effect —
a
where a person is to enter employment with a new employer after he has given notice under paragraph (1) but before the trustees to whom he has given that notice have selected a date under this paragraph, immediately before he enters employment with that new employer; and
b
in any other case, on such date as those trustees shall select which falls —
i
not less than 30 days after; but
ii
during the second month after the month in which;
that notice is given.
4
Where the trustees have received a notice which has been given under paragraph (1), they shall within 21 days give to the person who gave that notice a written acknowledgment that it has been received and notice of the date which they propose to select as the date on which Part II, Part III or both of those Parts of this Order, as the case may be, shall cease to have effect in relation to the rights in question.
5
A notice of election given under paragraph (1) may be withdrawn if the person who gave it gives a written notice of the withdrawal to the trustees of the scheme in question —
a
before the expiry of 30 days from the date on which the notice was given; or, if earlier
b
before he enters into employment with a new employer.
6
Subject to paragraph (5), an election given under paragraph (1) shall be irrevocable.
Arbitration
13
1
Any dispute arising under Parts I to IV of this Order between —
a
a protected person, or a person with the right to continue to participate in the joint industry scheme under article 11, and a person falling within paragraph 7(2) (employers, persons contributing as employers, trustees and persons with power to amend or wind up the scheme) of Schedule 11; or
b
more than one person who falls within paragraph 7(2) of that Schedule;
shall be referred to arbitration under the provisions of this article.
2
Where a dispute arises between two or more of the persons mentioned in paragraph (1), any of those persons shall give to the other or others a notice in writing which —
a
specifies the matters in dispute;
b
refers to this article; and
c
nominates a person who is willing to act as arbitrator of the dispute;
and for the purposes of this article a person who gives a notice under this paragraph shall be “the applicant” and the person or persons to whom it is given shall be “the defendant”.
3
The defendant may, within 28 days of a notice being given to him under paragraph (2), give to the applicant a notice in writing which —
a
states that he approves as the arbitrator of the dispute the person nominated by the applicant; or
b
nominates an alterantive person who is willing to act as arbitrator of the dispute;
and if the defendant fails to give such notice within that period the arbitrator nominated by the applicant shall act as the arbitrator of the dispute in question.
4
If, within 56 days of the notice being given under paragraph (2), the applicant and the defendant have not agreed who should be nominated as the arbitrator of the dispute and no arbitrator has been appointed under paragraph (3), either of them may request the person prescribed by paragraph (5) or (6) to appoint the person who is to act as the arbitrator of the dispute.
5
Subject to paragraph (6), the person prescribed for the purposes of paragraph (4) shall be —
a
where the principal residence of the applicant is in Scotland, the President of the Law Society of Scotland;
b
where the principal residence of the applicant is in Northern Ireland, the President of the Law Society of Northern Ireland; and
c
in any other case, the President of the Law Society of England and Wales.
6
Where more than one request is made under paragraph (4) in relation to a dispute between the same parties which concerns the same, or substantially the same, issues —
a
if those requests are made to the President of one Law Society, the prescribed person shall be the President of that Law Society; and
b
if those requests are made to the Presidents of more than one Law Society, the prescribed person shall be the first of those Presidents to receive one of those requests.
7
If after applying the provisions of paragraphs (5) and (6) there remains doubt as to who is the prescribed person, the prescribed person shall be the President of the Law Society of England and Wales.
8
Where in relation to any dispute the President of a Law Society is the prescribed person by virtue of paragraph (6)(b) or (7), before selecting the arbitrator who is to act in relation to the dispute in question he shall consult each other President of a Law Society who has received a request which relates to the same dispute.
9
Where an arbitrator has been appointed to determine more than one dispute which relates to the same issue (whether those disputes are between the same or different parties) he may, if all of those parties consent, hear and determine those disputes together as if they were a single reference.
10
In the application of this article to Scotland, references to an “arbitrator” shall be construed as references to an “arbiter”.
Enforcement
14
1
Where a dispute which has been referred to an arbitrator appointed under article 13 has not been resolved because the arbitrator has —
a
failed to take any steps to determine it within 3 months of his appointment;
b
failed to determine it within 2 years; or
c
become unable to act;
or where there is no dispute for the purposes of article 13, any of the persons mentioned in paragraph (2) may apply to the court for an order which requires any other of those persons to comply with any provision of Parts I to IV of this Order.
2
The persons mentioned for the purposes of paragraph (1) are —
a
the Secretary of State;
b
any person who has been, or is likely to be, affected by a failure to comply with Parts I to IV of this Order or who has a duty under any of those Parts who is —
i
a protected person; or
ii
a person mentioned in paragraph 7(2) of Schedule 11; or
c
in respect of Part III of this Order, a person who has the right to continue to participate in the joint industry scheme under article 11.
3
In this article “the court” means —
a
where the principal residence of the person who makes an application under paragraph (1) is in Scotland, the Court of Session or the Sheriff;
b
where the principal residence of the person who makes an application under paragraph (1) is in Northern Ireland, the High Court or a County court in Northern Ireland;
and in any other case, the High Court or a County court in England and Wales.
PART V
Designation
Designation of existing schemes
15
The occupational pension schemes listed in the Schedule to this Order are designated as existing schemes for the purposes of Schedule 11.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
27th May 1994


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Consequential Amendments) Regulations 1994.
2
These Regulations come into force on 12th May 1994.
Amendments consequential on the Pension Schemes Act 1993 and the Pension Schemes (Northern Ireland) Act 1993
2
The Regulations mentioned in Schedule 2 to these Regulations shall have effect with the amendments specified in that Schedule (which substitute references to provisions of the Pension Schemes Act 1993 and the Pension Schemes (Northern Ireland) Act 1993 for references to the corresponding provisions repealed by hose Acts and make other amendments consequential on the passing of the Pension Schemes Act 1993).
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,Department of Social Security
12th April 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nuffield Orthopaedic Centre National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 3rd March 1994.
2
In this Order —
“the Authority” means the Oxfordshire Health Authority;
“the Trust” means the Nuffield Orthopaedic Centre National Health Service Trust;
“the trust property” means the items specified in two schedules of trust property prepared by and agreed upon by the Authority and the Trust on 22nd July 1993, which schedules have been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 3rd March 1994 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
3rd February 1994


text:
Title and commencement
1
This Order may be cited as the Bovine Spongiform Encephalopathy Compensation Order 1994 and shall come into force on 1st April 1994.
Interpretation
2
In this Order —
“affected animal” means a bovine animal which is affected with bovine spongiform encephalopathy;
“barrener cattle” means adult female bovine animals which have had one or more calves and which are being sold for either immediate slaughter or further fattening before slaughter;
“bovine animal” means a bull, cow, steer, heifer or calf;
“indicative market price” means a price calculated in accordance with the schedule to this Order;
“market value” means the price which might reasonably have been obtained for a bovine animal at the time of valuation from a purchaser in the open market if the animal were not an affected or suspected animal;
“suspected animal” means a bovine animal which is suspected of being affected with bovine spongiform encephalopathy.
Compensation for bovine animals slaughtered for bovine spongiform encephalopathy.
3
1
Where the Minister causes an affected animal to be slaughtered under the powers conferred on her by section 32(1) of the Animal Health Act 1981 in its application to bovine spongiform encephalopathy , the compensation payable by her shall be an amount equal to either —
a
the market value of the animal; or
b
the indicative market price for the month in which the market value of the animal was determined,
whichever is the less.
2
Where the Minister causes a suspected animal to be slaughtered under the powers conferred on her by section 32(1) of the Animal Health Act 1981 in its application to bovine spongiform encephalopathy and an examination at a veterinary laboratory of the Ministry of tissues taken from the carcase of the animal does not confirm that it was an affected animal, the compensation payable by the Minister shall be an amount equal to either —
a
the market value of the animal; or
b
125 per cent of the indicative market price for the month in which the market value of the animal was determined,
whichever is the less.
3
Notwithstanding the provisions of articles 3 and 4 of the Diseases of Animals (Ascertainment of Compensation) Order 1959 , the market value of a bovine animal which the Minister proposes to cause to be slaughtered shall, for the purposes of payment of compensation under the Order, be determined —
a
by agreement between the Minister and the owner of the animal, or
b
by one valuer appointed jointly by the Minister and the said owner, or
c
failing such agreement or appointment, by a valuer nominated by the President of the Royal Institution of Chartered Surveyors.
4
A valuer appointed or nominated under paragraph (3)(b) or (c) above shall be paid by the Minister and shall give to the Minister and the owner a certificate in writing of the said value.
5
The Minister shall take such steps as she considers appropriate for the purpose of bringing to the notice of persons concerned the indicative market price in respect of each month and the total number of animals and the total sale price on which the calculation of such indicative market price was based.
Revocation and saving
4
1
Subject to paragraph (2) below, the Bovine Spongiform Encephalopathy Compensation Order 1990 is hereby revoked.
2
In relation to those bovine animals for which compensation has been calculated under the provisions of the Bovine Spongiform Encephalopathy Compensation Order 1990 prior to 1st April 1994, that calculation shall continue to apply.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
3rd March 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
8th March 1994
John Redwood
Secretary of State for Wales
4th March 1994
We approve,
Irvine Patnick
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 1994


text:
1
These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 1994 and shall come into force on 1st August 1994.
2
In these Regulations a regulation referred to by number alone means a regulation so numbered in the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 and a reference to a Schedule means the Schedule to those Regulations.
Amendment of the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989
3
Regulation 2 shall be amended by inserting —
a
after the definition of “business day” the following definition: —
“contract” means a contract entered into by the Board with other persons or bodies pursuant to its powers under section 4 of the Act;
;
b
after the definition of “duty solicitor scheme” the following definition: —
“franchisee” means a person or body (other than the Board) acting under the terms of a franchising contract;
.
4
Regulation 5 shall be amended as follows: —
a
by substituting in paragraph (5) for “Subject to paragraph (6)” the words “Subject to paragraphs (6) and (7)”;
b
by inserting after paragraph (6) the following paragraph: —
7
Paragraph (5) shall not apply where a franchisee certifies that advice and assistance was required in the interests of justice to be given as a matter of urgency.
.
5
In the Schedule, paragraph 2 shall be amended as follows: —
a
by inserting at the beginning “ — (1) Subject to sub-paragraph (2),”;
b
by adding at the end the following new sub-paragraph: —
2
Sub-paragraph (1) shall not apply where the duty solicitor is a franchisee providing advice and assistance under a franchising contract.
.
Mackay of Clashfern, C.
Dated 1st July 1994
We consent,
Tim Wood
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 5th July 1994


text:
Citation and commencement
1
These Regulations may be cited as the Local Government (Publication of Manpower Information) (England) (Revocation) Regulations 1994 and shall come into force on 14th October 1994.
Revocation of 1993 Regulations
2
The Local Government (Publication of Manpower Information) (England) Regulations 1983 are hereby revoked.
Signed by authority of the Secretary of State
David Curry
Minister of State
Department of the Environment
14th September 1994


text:
1
1
This Order may be cited as the Currency Contracts and Options (Amendment of Enactments) Order 1994.
2
This Order shall come into force on 23rd March 1995.
2
In section 150 of the Finance Act 1994 after subsection (10) there shall be added —
11
Subsection (12) below applies where —
a
under a contract or as a result of the exercise of an option, a qualifying company becomes entitled to a right and subject to a duty to receive or make a payment at a specified time or at the time when the option is exercised, and
b
the amount of the payment (in whatever currency) is computed in such a way as to be equal to the amount of the payment referred to in subsection (9) above which would have fallen to be computed if —
i
the qualifying company had been entitled and subject as mentioned in subsection (2) or (7) above, and
ii
a payment such as is referred to in subsection (9) were to be made to or by the qualifying company.
12
For the purposes of this Chapter —
a
the qualifying company shall be deemed to have become entitled and subject as mentioned in subsection (2) above under the contract referred to in subsection (11) above or, as the case may be, shall be deemed to have become entitled and subject as mentioned in subsection (7) above as a result of the exercise of the option referred to in subsection (11);
b
the payment made under the contract or as a result of the exercise of the option shall be treated as if it were a payment falling within subsection (9) above in the exercise and discharge of the rights and duties to which the qualifying company is deemed to have become entitled and subject by virtue of paragraph (a) above.
.
3
In section 126 of the Finance Act 1993 after subsection (5) there shall be added —
6
Subsection (7) below applies where —
a
under a contract a qualifying company becomes entitled to a right and subject to a duty to receive or make a payment at a specified time, and
b
the amount of the payment (in whatever currency) is computed in such a way as to be equal to the amount of the payment referred to in subsection (1A) above which would have fallen to be computed if —
i
the qualifying company had been entitled and subject as mentioned in subsection (1) above, and
ii
a payment such as is referred to in subsection (1A) above were to be made to or by the qualifying company.
7
For the purposes of this Chapter —
a
the qualifying company shall be deemed to have become entitled and subject as mentioned in subsection (1) above under the contract referred to in subsection (6) above;
b
the payment made under the contract shall be treated as if it were a payment falling within subsection (1A) above in the exercise and discharge of the rights and duties to which the qualifying company is deemed to have become entitled and subject by virtue of paragraph (a) above.
.
Derek Conway
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
15th December 1994


text:
1
This Order may be cited as the Merchant Shipping (Salvage and Pollution) Act 1994 (Commencement No. 2) Order 1994.
2
The provisions of the Merchant Shipping (Salvage and Pollution) Act 1994 specified in the first column of the Schedule to this Order (which relate to the matters specified in the second column of that Schedule) shall come into force on 1st January 1995.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
22nd November 1994


text:
1
These Rules may be cited as the Family Proceedings Courts (Miscellaneous Amendment) Rules 1994 and shall come into force on 11th April 1994.
2
The following amendments shall be made to Schedule 1 to the Family Proceedings Courts (Children Act 1989) Rules 1991 : —
a
in Form CHA13 (Application for Financial Provision for Children) —
i
in the preliminary section, after “If you have ticked “periodical payments” or “secured periodical payments”” there shall be inserted “please tick here if there is a written agreement made before 5th April 1993 about maintenance for the benefit of the child below □. If not”;
ii
for sections 5 and 6 there shall be substituted the provisions contained in the Schedule to these Rules;
b
in section 4(b) of Form CHA15 (Application for the Variation/Discharge of an Order for Financial Provision for Children) , after “If yes, please give details” there shall be inserted “If the assessment has changed, indicate the original sum and the new sum payable”.
3
In Schedule 1 to the Family Proceedings Courts (Matrimonial Proceedings etc. ) Rules 1991 , the following shall be inserted in Form 2 (Application for Order under Section 6) before the section headed “My solicitor’s address for service” —
Is the agreement relating to periodical payment(s) to a child of the family in writing?
□ Yes □ No.
If yes, please state the date on which it was made
.
Mackay of Clashfern, C.
Dated 21st March 1994


text:
Citation and commencement
1
This Order may be cited as the Coal Industry Act 1994 (Consequential Modifications of Subordinate Legislation) Order 1994 and shall come into operation on 31st October 1994.
Modifications of subordinate legislation
2
Subject to articles 3 to 8 below, the subordinate legislation mentioned in columns 1 and 2 of the Schedule to this Order is hereby modified to the extent specified in column 3 of the Schedule.
Transitional provisions
3
1
This article applies to the following Orders —
a
the Town and Country Planning (Black Country Urban Development Area) Special Development Order 1987 ;
b
the Town and Country Planning (Tyne and Wear Urban Development Area) Special Development Order 1987 ;
c
the Town and Country Planning (Central Manchester Urban Development Area) Special Development Order 1989 ;
d
the Town and Country Planning (Sheffield Urban Development Area) Special Development Order 1989 ;
e
the Town and Country Planning (Bristol Urban Development Area) Special Development Order 1989 ; and
f
the Town and Country Planning (Leeds Urban Development Area) Special Development Order 1989 .
2
The modifications made by this Order shall not apply to any development or approval in relation to which the development corporation in question has consulted the British Coal Corporation in accordance with article 6 of the relevant Order.
4
1
This article applies to the Town and Country Planning (New Towns in Rural Wales) Special Development Order 1977 .
2
The modifications made by this Order shall not apply to the undertaking or authorising of any development in relation to which the Development Board for Rural Wales has consulted the British Coal Corporation in accordance with article 8(1)(e) of the Order.
5
1
This article applies to the Town and Country Planning (Simplified Planning Zones) (Scotland) Regulations 1987 .
2
The modifications made by this Order shall not apply to any proposal to make or alter a simplified planning scheme in relation to which the planning authority has consulted the British Coal Corporation in accordance with regulation 4(a)(iii) of those Regulations.
6
1
This article applies to the following Regulations —
a
the Planning (Hazardous Substances) Regulations 1992 ; and
b
the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993 .
2
The modifications made by this Order shall not apply to an application for hazardous substances consent in relation to which the hazardous substances authority or planning authority has consulted the British Coal Corporation in accordance with regulation 10(1)(m) of the Regulations referred to in paragraph (1)(a) above, or regulation 11(1)(m) of the Regulations referred to in paragraph (1)(b) above.
7
1
This article applies to the Transport and Works (Applications and Objections Procedure) Rules 1992 .
2
The modifications made by this Order in relation to Schedule 2 to those Rules shall not apply in any case where the applicant has served a notice upon the British Coal Corporation in accordance with rule 3(2).
3
The modifications made by this Order in relation to Schedule 5 to those Rules shall not apply in any case where the applicant has served a copy of the application and copies of the relevant documents upon the British Coal Corporation in accordance with rule 8(3).
8
1
This article applies to the Public Bodies' Land (Appropriate Ministers) Order 1981 .
2
The modifications made by this Order shall not apply in any case where the British Coal Corporation has made representations to the Secretary of State in accordance with section 99(2) of the Local Government, Planning and Land Act 1980 .
Tim Eggar
Minister for Industry and Energy,
Department of Trade and Industry
3rd October 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 2) Regulations 1994 and shall come into force on 3rd October 1994.
2
In these Regulations —
a
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
b
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulation 2 of the Housing Benefit Regulations
2
In regulation 2(1) of the Housing Benefit Regulations (interpretation) —
a
in the definition of “employed earner” for the words “Social Security Act” there shall be substituted the words “Contributions and Benefits Act and also includes a person who is in receipt of a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay or statutory maternity pay”;
b
in the definition of “person affected” for the words “any person (including the appropriate authority) whose rights,” there shall be substituted the following words —
a person who is —
a claimant;
the appropriate authority;
the landlord, in the case of a determination made under regulation 93 or 94; or
a person from whom the appropriate authority determines that an overpayment is recoverable in accordance with Part XIII,
and whose rights,
.
Amendment of regulation 29 of the Housing Benefit Regulations
3
1
Regulation 29 of the Housing Benefit Regulations (calculation of net earnings of employed earners) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3) —
a
at the end of sub-paragraph (a) the word “and” shall be omitted;
b
for sub-paragraph (b) there shall be substituted the following sub-paragraphs —
b
one-half of any sum paid by the claimant by way of a contribution towards an occupational pension scheme;
c
one-half of the amount calculated in accordance with paragraph (3B) in respect of any qualifying contribution payable by the claimant; and
d
where those earnings include a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay or statutory maternity pay, any amount deducted from those earnings by way of any contributions which are payable under any enactment having effect in Northern Ireland and which correspond to primary Class 1 contributions under the Contributions and Benefits Act.
.
3
After paragraph (3) there shall be inserted the following paragraphs —
3A
In this regulation “qualifying contribution” means any sum which is payable periodically as a contribution towards a personal pension scheme.
3B
The amount in respect of any qualifying contribution shall be calculated by multiplying the daily amount of the qualifying contribution by the number equal to the number of days in the assessment period; and for the purposes of this regulation the daily amount of the qualifying contribution shall be determined —
a
where the qualifying contribution is payable monthly, by multiplying the amount of the qualifying contribution by 12 and dividing the product by 365;
b
in any other case, by dividing the amount of the qualifying contribution by the number equal to the number of days in the period to which the qualifying contribution relates.
.
4
In paragraph (4) —
a
after the words “Where the earnings of a claimant are estimated under” there shall be added the words “sub-paragraph (b) of”;
b
in sub-paragraph (a) the words “and, if appropriate, the basic rate” shall be omitted;
c
for sub-paragraph (c) there shall be substituted the following sub-paragraph —
c
one-half of any sum which would be payable by the claimant by way of a contribution towards an occupational or personal pension scheme, if the earnings so estimated were actual earnings.
.
Amendment of regulation 30 of the Housing Benefit Regulations
4
In regulation 30 of the Housing Benefit Regulations (earnings of self-employed earners) for paragraph (2) there shall be substituted the following paragraph —
2
“Earnings” shall not include any payment to which paragraph 24 or 25 of Schedule 4 refers (payments in respect of a person accommodated with the claimant under arrangements made by a local authority or voluntary organisation and payments made to the claimant by a health authority, local authority or voluntary organisation in respect of persons temporarily in the claimant’s care).
.
Amendment of regulations 32 and 35 of the Housing Benefit Regulations
5
In regulations 32(1) and 35(7)(a) of the Housing Benefit Regulations (deduction of tax and contributions for self-employed earners and notional income) the words “and, if appropriate, the basic rate” shall be omitted.
Amendment of regulation 77 of the Housing Benefit Regulations
6
In regulation 77 of the Housing Benefit Regulations (notification of determinations) —
a
in paragraph (4) —
i
after the words “A person” there shall be inserted the word “affected”;
ii
for the words “request in writing” there shall be substituted the words “, by notice in writing signed by him, request”;
b
after paragraph (4) there shall be inserted the following paragraph —
4A
For the purposes of paragraph (4), where a person affected who requests a written statement is not a natural person, the notice in writing referred to in that paragraph shall be signed by a person over the age of 18 who is authorised to act on that person’s behalf.
.
Amendment of regulation 79 of the Housing Benefit Regulations
7
In regulation 79 of the Housing Benefit Regulations (review of determinations) —
a
in paragraph (2) for the words “if a person makes written representations” there shall be substituted the words “if a person affected makes written representations signed by him”;
b
after paragraph (2) there shall be inserted the following paragraph —
2A
For the purposes of paragraph (2), where the person affected who makes such representations is not a natural person, those representations shall be signed by a person over the age of 18 who is authorised to act on that person’s behalf.
.
Amendment of regulation 81 of the Housing Benefit Regulations
8
In regulation 81 of the Housing Benefit Regulations (further review of determinations) —
a
in paragraph (1) —
i
after the words “A person” there shall be inserted the word “affected”;
ii
after the words “written notice” there shall be inserted the words “signed by him”;
b
after paragraph (1) there shall be inserted the following paragraph —
1A
For the purposes of paragraph (1), where a person affected who requests a further review is not a natural person, the written notice referred to in that paragraph shall be signed by a person over the age of 18 who is authorised to act on that person’s behalf.
.
Amendment of regulation 86 of the Housing Benefit Regulations
9
In regulation 86 of the Housing Benefit Regulations (setting aside of determinations and decisions on certain grounds) —
a
in paragraph (2) after the words “shall be made in writing” there shall be inserted the words “signed in accordance with paragraph (2A)”;
b
after paragraph (2) there shall be inserted the following paragraph —
2A
For the purposes of paragraph (2) the application shall be signed by the person affected who makes the application or, where that person is not a natural person, a person over the age of 18 who is authorised to act on that person’s behalf.
.
Amendment of regulation 94 of the Housing Benefit Regulations
10
Regulation 94 of the Housing Benefit Regulations (circumstances in which payment may be made to a landlord) shall be re-numbered paragraph (1) of regulation 94, and after paragraph (1) there shall be added the following paragraph —
2
In this regulation “landlord” has the same meaning as in regulation 93 .
.
Amendment of Schedule 2 to the Housing Benefit Regulations
11
1
Schedule 2 to the Housing Benefit Regulations (applicable amounts) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 12(1)(a)(i) for the words from “section 15” to “of that Act” there shall be substituted the words “Part II of the Contributions and Benefits Act or severe disablement allowance under Part III of that Act”.
3
In paragraph 12(1)(a)(ii) for the words “section 15 of the Social Security Act” there shall be substituted the words “Part II of the Contributions and Benefits Act”, and for the words “retirement pension under the Social Security Act” there shall be substituted the words “retirement pension under that Act”.
4
In paragraph 13 after sub-paragraph (3) there shall be added the following sub-paragraph —
4
For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of invalid care allowance to the extent that payment of such an award is back-dated for a period before the date on which the award is made.
.
Amendment of Schedule 4 to the Housing Benefit Regulations
12
In Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 16 for head (i) there shall be substituted the following head —
i
where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369 (1A) of that Act;
;
b
after paragraph 52 there shall be added the following paragraphs —
53
Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows) .
54
In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows) , the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.
55
1
Any payment which is —
a
made under any of the Dispensing Instruments to a widow of a person —
i
whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and
ii
whose service in such capacity terminated before 31st March 1973; and
b
equal to the amount specified in article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows).
2
In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances) .
.
Amendment of Schedule 5 to the Housing Benefit Regulations
13
In Schedule 5 to the Housing Benefit Regulations (capital to be disregarded) —
a
in paragraph 38 after the words “income other than earnings)” there shall be inserted the words “or of any amount which is disregarded under paragraph 53, 54 or 55 of that Schedule”;
b
after paragraph 45 there shall be added the following paragraphs —
46
Any sum of capital administered on behalf of a person under the age of 18 by the High Court under the provisions of Order 80 of the Rules of the Supreme Court , the County Court under Order 10 of the County Court Rules 1981 , or the Court of Protection, where such sum derives from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents.
47
Any sum of capital administered on behalf of a person under the age of 18 in accordance with an order made under Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965 , or under Rule 36.14 of the Ordinary Cause Rules 1993 or under Rule 128 of the Ordinary Cause Rules , where such sum derives from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents.
.
Amendment of the Housing Benefit (Supply of Information) Regulations 1988
14
1
The Housing Benefit (Supply of Information) Regulations 1988 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (information to be supplied by the Secretary of State to an authority) —
a
in sub-paragraph (k) for the words “any further information” there shall be substituted the words “any information not referred to in sub-paragraphs (a) to (j), (l) or (m)”;
b
after sub-paragraph (k) there shall be added the following sub-paragraphs —
l
that payment of income support to a claimant has been withheld in whole or in part;
m
where payment of income support to a claimant has been withheld in whole or in part —
i
the date from which it was withheld;
ii
the reason why it was withheld;
iii
whether payment of any withheld payment has been or is to be made.
.
3
After paragraph (2) of regulation 3 there shall be added the following paragraph —
3
Where it appears to an authority that —
a
a claimant or any partner of his is to be treated, in accordance with regulation 4 of the Housing Benefit Regulations (remunerative work), as engaged in remunerative work for the purposes of those Regulations;
b
the claimant or any partner of his is responsible for a member of the same household who is either a child or a person referred to in the Housing Benefit Regulations as a young person;
c
neither the claimant nor any partner of his is in receipt of disability working allowance; and
d
a claim for family credit has not been made by or in respect of the claimant or any partner of his,
the authority shall inform the Secretary of State that it appears that a claim for family credit has not been made by or in respect of the claimant.
.
Amendment of regulation 2 of the Council Tax Benefit Regulations
15
In regulation 2(1) of the Council Tax Benefit Regulations (interpretation) —
a
in the definition of “employed earner” there shall be added at the end the words “and also includes a person who is in receipt of a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay or statutory maternity pay”;
b
in the definition of “person affected” for the words “any person (including the appropriate authority) whose rights,” there shall be substituted the following words —
a person who is —
a claimant;
the appropriate authority; or
a person from whom the appropriate authority determines that excess benefit is recoverable in accordance with Part XI,
and whose rights,
.
Amendment of regulation 20 of the Council Tax Benefit Regulations
16
1
Regulation 20 of the Council Tax Benefit Regulations (calculation of net earnings of employed earners) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3) —
a
at the end of sub-paragraph (a) the word “and” shall be omitted;
b
for sub-paragraph (b) there shall be substituted the following sub-paragraphs —
b
one-half of any sum paid by the claimant by way of a contribution towards an occupational pension scheme;
c
one-half of the amount calculated in accordance with paragraph (3B) in respect of any qualifying contribution payable by the claimant; and
d
where those earnings include a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay or statutory maternity pay, any amount deducted from those earnings by way of any contributions which are payable under any enactment having effect in Northern Ireland and which correspond to primary Class 1 contributions under the Contributions and Benefits Act 1992.
.
3
After paragraph (3) there shall be inserted the following paragraphs —
3A
In this regulation “qualifying contribution” means any sum which is payable periodically as a contribution towards a personal pension scheme.
3B
The amount in respect of any qualifying contribution shall be calculated by multiplying the daily amount of the qualifying contribution by the number equal to the number of days in the assessment period; and for the purposes of this regulation the daily amount of the qualifying contribution shall be determined —
a
where the qualifying contribution is payable monthly, by multiplying the amount of the qualifying contribution by 12 and dividing the product by 365;
b
in any other case, by dividing the amount of the qualifying contribution by the number equal to the number of days in the period to which the qualifying contribution relates.
.
4
In paragraph (4) —
a
after the words “Where the earnings of a claimant are estimated under” there shall be added the words “sub-paragraph (b) of”;
b
in sub-paragraph (a) the words “and, if appropriate, the basic rate” shall be omitted;
c
for sub-paragraph (c) there shall be substituted the following sub-paragraph —
c
one-half of any sum which would be payable by the claimant by way of a contribution towards an occupational or personal pension scheme, if the earnings so estimated were actual earnings.
.
Amendment of regulation 21 of the Council Tax Benefit Regulations
17
In regulation 21 of the Council Tax Benefit Regulations (earnings of self- employed earners) for paragraph (2) there shall be substituted the following paragraph —
2
“Earnings” shall not include any payment to which paragraph 25 or 26 of Schedule 4 refers (payments in respect of a person accommodated with the claimant under arrangements made by a local authority or voluntary organisation and payments made to the claimant by a health authority, local authority or voluntary organisation in respect of persons temporarily in the claimant’s care).
.
Amendment of regulations 23 and 26 of the Council Tax Benefit Regulations
18
In regulations 23(1) and 26(7)(a) of the Council Tax Benefit Regulations (deduction of tax and contributions for self-employed earners and notional income) the words “and, if appropriate, the basic rate” shall be omitted.
Amendment of regulation 51 of the Council Tax Benefit Regulations
19
1
Regulation 51 of the Council Tax Benefit Regulations (maximum council tax benefit) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “paragraphs (2) to (4)” there shall be substituted the words “paragraphs (2) to (5)”.
3
After paragraph (4) there shall be added the following paragraph —
5
Where —
a
the appropriate authority is satisfied that a claimant’s circumstances are exceptional; and
b
either —
i
any deduction (“non-dependant deduction”) in respect of non-dependants falls to be made under regulation 52 for the purpose of determining a person’s appropriate maximum council tax benefit; or
ii
an amount falls to be deducted from a person’s appropriate maximum council tax benefit in accordance with section 131(8)(b) of the Contributions and Benefits Act 1992 (amount of council tax benefit where income exceeds applicable amount); and
c
the condition in section 131(5) of that Act (condition as to income) would be fulfilled in respect of that person even if his appropriate maximum council tax benefit were not increased under this paragraph,
the authority may determine that the amount of the person’s appropriate maximum council tax benefit calculated in accordance with paragraphs (1) to (4) (“the lower amount”) shall be such higher amount (“the increased amount”) as it considers appropriate in the particular circumstances of the case, but so that the increased amount, after any deduction made in accordance with section 131(8)(b) of that Act, shall not exceed the sum of the lower amount and any non-dependant deductions.
.
Amendment of regulation 54 of the Council Tax Benefit Regulations
20
1
Regulation 54 of the Council Tax Benefit Regulations (alternative maximum council tax benefit) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “paragraphs (2) and (3)” there shall be substituted the words “paragraphs (2) to (4)”.
3
After paragraph (3) there shall be added the following paragraph —
4
Where —
a
the appropriate authority is satisfied that a claimant’s circumstances are exceptional; and
b
the alternative maximum council tax benefit in his case is an amount less than the highest of the amounts specified in Schedule 2,
the authority may determine that the amount of the alternative maximum council tax benefit in his case shall be such higher amount, not exceeding the highest of the amounts specified in Schedule 2, as it considers appropriate in the particular circumstances of the case.
.
Omission of regulation 60 of the Council Tax Benefit Regulations
21
Regulation 60 of the Council Tax Benefit Regulations (increases of weekly amounts for exceptional circumstances) shall be omitted.
Amendment of regulation 67 of the Council Tax Benefit Regulations
22
In regulation 67(2) of the Council Tax Benefit Regulations (notification of determinations) after the words “A person” there shall be inserted the word “affected”.
Amendment of regulation 69 of the Council Tax Benefit Regulations
23
In regulation 69(2) of the Council Tax Benefit Regulations (review of determinations) after the word “person” there shall be inserted the word “affected”.
Amendment of regulation 70 of the Council Tax Benefit Regulations
24
In regulation 70(1) of the Council Tax Benefit Regulations (further review of determinations) after the words “A person” there shall be inserted the word “affected”.
Amendment of regulation 92 of the Council Tax Benefit Regulations
25
1
Regulation 92 of the Council Tax Benefit Regulations (information to be supplied by the Secretary of State to an appropriate authority) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
in sub-paragraph (k) for the words “paragraphs (a) to (j)” there shall be substituted the words “sub-paragraphs (a) to (j), (l) or (m)”;
b
after sub-paragraph (k) there shall be added the following sub-paragraphs —
l
that payment of income support to a person has been withheld in whole or in part;
m
where payment of income support to a person has been withheld in whole or in part —
i
the date from which it was withheld;
ii
the reason why it was withheld;
iii
whether payment of any withheld payment has been or is to be made.
.
Amendment of regulation 93 of the Council Tax Benefit Regulations
26
In regulation 93 of the Council Tax Benefit Regulations (information to be supplied by an appropriate authority to the Secretary of State) after paragraph (2) there shall be added the following paragraph —
3
Where it appears to the appropriate authority that —
a
a person or any partner of his is engaged in remunerative work;
b
that person or any partner of his is responsible for a member of the same household who is either a child or a young person;
c
neither that person nor any partner of his is in receipt of disability working allowance; and
d
a claim for family credit has not been made by or in respect of that person or any partner of his,
the authority shall inform the Secretary of State that it appears that a claim for family credit has not been made by or in respect of that person.
.
Amendment of Schedule 1 to the Council Tax Benefit Regulations
27
1
Schedule 1 to the Council Tax Benefit Regulations (applicable amounts) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 13(1)(a)(i) for the words “section 33” there shall be substituted the words “Part II” and for the words “section 68” there shall be substituted the words “Part III”.
3
In paragraph 13(1)(a)(ii) for the words “section 33” there shall be substituted the words “Part II”.
4
In paragraph 14 after sub-paragraph (3) there shall be added the following sub-paragraph —
4
For the purposes of sub-paragraph (2)(a)(iii) and (2)(b), no account shall be taken of an award of invalid care allowance to the extent that payment of such an award is back-dated for a period before the date on which the award is made.
.
Amendment of Schedule 4 to the Council Tax Benefit Regulations
28
In Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 16 in head (i) for the words from “at the basic rate” to the end of that head there shall be substituted the words “at the applicable percentage of income tax within the meaning of section 369(1A) of that Act;”;
b
after paragraph 51 there shall be added the following paragraphs —
52
Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows) .
53
In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 (pensions to widows) , the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.
54
1
Any payment which is —
a
made under any of the Dispensing Instruments to a widow of a person —
i
whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and
ii
whose service in such capacity terminated before 31st March 1973; and
b
equal to the amount specified in article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows).
2
In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non- effective pay and allowances) .
.
Amendment of Schedule 5 to the Council Tax Benefit Regulations
29
In Schedule 5 to the Council Tax Benefit Regulations (capital to be disregarded) —
a
in paragraph 37 after the words “income other than earnings)” there shall be inserted the words “or of any amount which is disregarded under paragraph 52, 53 or 54 of that Schedule”;
b
after paragraph 45 there shall be added the following paragraphs —
46
Any sum of capital administered on behalf of a person under the age of 18 by the High Court under the provisions of Order 80 of the Rules of the Supreme Court , the County Court under Order 10 of the County Court Rules 1981 , or the Court of Protection, where such sum derives from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents.
47
Any sum of capital administered on behalf of a person under the age of 18 in accordance with an order made under Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965 , or under Rule 36.14 of the Ordinary Cause Rules 1993 or under Rule 128 of the Ordinary Cause Rules , where such sum derives from —
a
an award of damages for a personal injury to that person; or
b
compensation for the death of one or both parents.
.
Signed by authority of the Secretary of State for Social Security
William Hague
Minister of State,
Department of Social Security
12th August 1994


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment (No. 3) Regulations 1994 and shall come into force on 1st November 1994.
Amendment of regulation 1 of the National Health Service (Optical Charges and Payments) Regulations 1989
2
In regulation 1(2) of the National Health Service (Optical Charges and Payments) Regulations 1989 (interpretation), in paragraph (b) of the definition of “ NHS sight test fee”, for “£12.92” there is substituted “£13.15”.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State
Department of Health
10th October 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Andover District Community Health Care National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 30th March 1994.
2
In this Order: —
“the Authority” means the Winchester Health Authority;
“the Trust” means the Andover District Community Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 6th January 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 30th March 1994 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 March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the County Court Fees (Amendment) Order 1994 and shall come into force on 15th August 1994.
2
The County Court Fees Order 1982 shall be amended in accordance with the following provisions of this Order.
3
In this Order an article referred to by number means the article so numbered in the County Court Fees Order 1982 and a fee or column referred to by number means the fee or column so numbered in Schedule 1 to that Order.
Amendments to the County Court Fees Order 1982
2
For article 4 there shall be substituted the following–
4
1
No fee shall be payable under this Order where the party who would otherwise be liable to pay it is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 at the time when the fee becomes payable.
2
The Lord Chancellor may reduce or remit a fee in any case where, in circumstances where paragraph (1) does not apply, it appears to the Lord Chancellor that payment by a party who is an individual of any fee specified in Schedule 1 would involve undue financial hardship because of the exceptional circumstances of the particular case.
3
Paragraph (1) shall not apply to Fee No.4(viii) (fee payable on a consolidated attachment of earnings order or an administration order).
.
3
Schedule 1, paragraph 4 shall be omitted.
4
Schedule 1, paragraph 5 shall be renumbered paragraph 4 and after it there shall be inserted the following new paragraph–
5
1
Subject to sub-paragraph (2), Fee No.2A (setting down fee) is payable in–
a
proceedings to which Order 17, rule 11 (automatic directions) applies; and
b
proceedings where a date is fixed for a hearing under Order 17, rule 9.
2
Fee No.2A shall not be payable in proceedings–
a
begun by originating application;
b
for the delivery of goods;
c
for the recovery of land;
d
referred to arbitration under Order 19;
e
where the only issue at trial will be a claim for an injunction;
f
for the enforcement of a judgment or order of a county court or the High Court;
g
under Order 25, rule 12 (enforcement of tribunal or other award).
.
5
For columns 1 and 2 in Fee 1(i) there shall be substituted the following–
Column 1 Column 2 ( No. and description of fee) (Amount of fee)
i
a
On entering a plaint for the recovery of a sum of money or the delivery of goods, except in summons production centre cases.
Where the sum claimed or the value of the goods–
does not exceed £600
10p for every £1 or part thereof claimed
Minimum fee £10
exceeds £600 but does not exceed £1000 £65 exceeds £1000 but does not exceed £5000 £70 exceeds £5000 or is not limited to a particular amount £80
b
On entering a plaint in the summons production centre.
10p for every £1 or part thereof claimed
Minimum fee £10
Maximum fee £60
6
1
Fee 1(ii) shall be amended as follows–
a
in column 1, the words from “ — (a) an order” to “(d)” shall be omitted;
b
in column 2, for “£40” there shall be substituted “£50”; and
c
in column 3, the words “Where two or more such claims are joined in the same proceedings the maximum fee payable is £40.” shall be omitted.
2
Fees 1(iii) and (iv) shall be omitted.
7
After Fee No. 2 there shall be inserted the following–
Column 1 Column 2 Column 3 (No. and description of fee) (Amount of fee) (Method of charging fee)
2A
SETTING DOWN
2A
Only one setting down fee shall be payable for each trial. Thus if Fee No.2A(i), (ii) or (iii) has been paid, no fee shall be payable on the occurrence of any other event which would otherwise give rise to a liability to pay a setting down fee.
i
On requesting the proper officer to fix a date for trial.
£50
ii
On filing an estimate of the length of the trial.
£50
iii
On receiving notification that a date has been fixed for trial.
£50
2A
iii
The fee shall be paid by the plaintiff unless only the counterclaim will be in issue at the trial, in which case the fee shall be paid by the defendant.
8
Fee No.2A (Appeals) shall stand as Fee No.2B and, for “£10” in both places where it appears in that fee, there shall be substituted “£20”.
9
In column 2–
a
in Fee No.3(ii) for “£10” there shall be substituted “£30”;
b
in Fee No.4(ii) for “£20” there shall be substituted “£30”;
c
in Fee No.4(iii) for “£20” there shall be substituted “£25”;
d
in Fee No.4(v) for “£20” there shall be substituted “£25”;
e
in Fee No.4(vi) for “£20” there shall be substituted “£25”;
f
in Fee No.4(vii) for “£70” there shall be substituted “£80”;
g
in Fee No.4A(i) for “£10” there shall be substituted “£20”;
h
in Fee No.8(i) for “£10” there shall be substituted “£20”;
i
in Fee No.8(ii) for “£2” there shall be substituted “£5”.
Mackay of Clashfern, C.
Dated 18th July 1994
We concur,
Timothy Kirkhope
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 19th July 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Marketing of Gas Oil (Sulphur Content) Regulations 1994 and shall come into force on 1st October 1994.
2
In these Regulations “the Directive” means Council Directive 93/12/ EEC .
3
Words used in these Regulations which are also used in the Directive have the same meaning as in the Directive.
Prohibition on marketing gas oil with excessive sulphur content
2
1
Subject to paragraph (2) below, any person who markets gas oil whose sulphur content exceeds 0.2% by weight shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
2
Paragraph (1) above shall not apply to —
a
gas oil to which Article 1(2) of the Directive applies (gas oil contained in the fuel tanks of vessels, aircraft or motor vehicles crossing a frontier between a third country and a Member State, or gas oil intended for processing prior to final combustion);
b
gas oil which is referred to in Article 2(1) of the Directive, or used for purposes referred to in that paragraph (fuels for certain road vehicles); or
c
aviation kerosene.
Sampling of gas oil placed on the market
3
1
A local authority shall for the purposes of these Regulations check by sampling the sulphur content of gas oil which is placed on the market in its area.
2
The method adopted for determining the sulphur content of gas oil for the purposes of these regulations shall be that defined by ISO method 8754 .
3
The statistical interpretation of the results of the checks carried out in accordance with paragraph (1) above shall be made in accordance with ISO standard 4259 (1979 edition) .
4
Section 56 to 58 of the Clean Air Act 1993 (powers of entry etc. ) shall apply for the purposes of this regulation as if it were a provision of Part IV of that Act, and as if, in relation to Northern Ireland, any reference to a local authority were a reference to a district council.
5
In this regulation, “local authority” means —
a
in England and Wales, the council of a district or a London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple;
b
in Scotland, an islands or district council;
c
in Northern Ireland, a district council.
Revocation
4
The following regulations are hereby revoked —
a
the Oil Fuel (Sulphur Content of Gas Oil) Regulations 1990 ); and
b
the Oil Fuel (Sulphur Content of Gas Oil) Regulations (Northern Ireland) 1991 .
John Selwyn Gummer
One of Her Majesty’s Principal Secretaries of State
Department of the Environment
30th August 1994


text:
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 1994.
2
The amount specified, which by virtue of section 3 of the Taxation of Chargeable Gains Act 1992 is, unless Parliament otherwise determines, the exempt amount for the year 1995-96, is £6,000.
Timothy Kirkhope
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
29th November 1994


text:
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Science) (Amendment) Order 1994 and shall come into force on 1st August 1994.
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Science) Order 1991 is hereby amended —
a
by the substitution in article 7 for the words “articles 8 to 10” of the words “articles 7A to 10”;
b
by the insertion after article 7 of the following article —
7A
1
The programme of study set out in the Document and specified by article 9 and Schedule 2 in relation to the third key stage and which relates to attainment target 2 (life and living processes) is hereby amended —
a
by the deletion of the words “(including Human Immunodeficiency Virus ( HIV ))” and “and understand the need to have a responsible attitude to sexual behaviour”, and
b
by the insertion after the word “adolescence” of the word “and”.
2
No programme of study in the Document shall include —
a
Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus,
b
any other sexually transmitted disease, or
c
aspects of human sexual behaviour, other than biological aspects.
.
John Patten
Secretary of State for Education
25th May 1994
John Redwood
Secretary of State for Wales
28th May 1994


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Europe Agreement establishing an Association between the European Communities and their Member States and the Slovak Republic) Order 1994. It shall come into force, in respect of the treaty specified in the Schedule to this Order, on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council