text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment No.3) Regulations 1994 and shall come into force on 30th January 1995.
Interpretation
2
In these Regulations “the principal regulations” means the Road Vehicles (Registration and Licensing) Regulations 1971 .
Duplicate licences
3
In regulation 6(1) of the principal regulations —
a
for the words “If a licence issued in respect of a vehicle under these Regulations” there shall be substituted the words “If a vehicle licence or a trade licence”; and
b
for “£5.50” there shall be substituted “£7”.
Trade plates
4
In regulation 31 of the principal regulations —
a
for the words “two additional trade plates” in the proviso to paragraph (1), there shall be substituted “an additional trade plate”; and
b
for paragraph (3) there shall be substituted the following paragraphs —
3
If any trade plate issued by the Secretary of State to the holder of a trade licence is lost, stolen, destoyed or materially damaged, the holder of the licence shall apply to the Secretary of State for the issue to him of a replacement set of trade plates and the Secretary of State, upon being satisified that any plate has been lost, stolen, destroyed or materially damaged and —
a
upon receipt of all those trade plates which are still in the possession of the holder of the licence; and
b
except where paragraph (3C) below applies, on payment of the fee prescribed by paragraph (3B) below,
shall issue a replacement set of trade plates to the holder of the licence.
3A
If only that part of a trade plate which consists of a means whereby the trade licence may be fixed thereto is lost, stolen, destroyed or materially damaged, the holder of the licence shall apply to the Secretary of State for the issue to him of a replacement means of fixing the licence and, upon payment of the fee prescribed by paragraph (3B)(c) below, the Secretary of State shall issue such a replacement.
3B
The fees payable under paragraphs (3) and (3A) above shall be —
a
for a replacement set of trade plates comprising two plates, £13.50;
b
for a replacement set of trade plates comprising three plates, £18; and
c
for a replacement means of fixing a trade licence to a trade plate, £2.
3C
No fee shall be payable under paragraph (3) above on account of the replacement of a trade plate, if the Secretary of State is satisfied that the plate has become illegible or the colour of the plate has been altered, whether by fading or by other means, otherwise than by reason of any act or omission of the licence holder.
Signed by the authority of the Secretary of State for Transport
Steve Norris
Parliamentary Under Secretary of State,
Department of Transport
20th December 1994


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Protected Rights (Transfer Payment) Amendment Regulations 1994 and shall come into force on 29th July 1994.
Amendment of Schedule 1 to the Protected Rights (Transfer Payment) Regulations 1987
2
In Schedule 1 to the Protected Rights (Transfer Payment) Regulations 1987 at the end of paragraphs 2, 3 and 4 there shall be added the words “or the member has previously been a member of the receiving scheme.”.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under–Secretary of State,
Department of Social Security
4th July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Countess of Chester Hospital National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th June 1994.
2
In this Order–
“the Authority” means the Chester Health Authority;
“the Trust” means the Countess of Chester Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 30th June 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th June 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
12th May 1994


text:
Citation
1
This Order may be cited as the Environmental Protection Act 1990 (Commencement No. 15) (Amendment) Order 1994.
Amendment of the Environmental Protection Act 1990 (Commencement No. 15) Order 1994
2
In each of sub-paragraphs (a), (b) and (c) of article 3(2) of the Environmental Protection Act 1990 (Commencement No. 15) Order 1994 , for the words “1st October 1994” there shall be substituted the words “1st January 1995”.
Signed by authority of the Secretary of State
Robert Atkins
Minister of State,
Department of the Environment
19th September 1994


text:
Citation and commencement
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages and Technology at Key Stage 4) (Amendment) Order 1994 and shall come into force on 1st August 1994.
Amendment of the Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages) Order 1991
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages) Order 1991 is amended as follows:
a
for article 1(3) there is substituted:
This Order applies in relation to the third key stage in maintained schools in England and Wales and in relation to the fourth key stage in maintained schools in England only.
; and
b
for article 3 there is substituted the following article:
3
The provisions of this Order relating to the fourth key stage shall come into force —
a
on 1st August 1996 in respect of pupils entering the first year of that key stage in the school year beginning in 1996; and
b
on 1st August 1997 in respect of all other pupils.
.
Amendment of the Education (National Curriculum) (Attainment Targets and Programmes of Study in Technology) Order 1990
3
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Technology) Order 1990 is amended by the substitution in article 5 for “and” after paragraph (a) and for paragraph (b) of the following:
b
on 1st August 1996 in respect of pupils at maintained schools in England entering the first year of that key stage in the school year beginning in 1996; and
c
on 1st August 1997 in respect of all other pupils at maintained schools in England.
.
John Patten
Secretary of State for Education
6th July 1994
John Redwood
Secretary of State for Wales
7th July 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Blackdown Hills) Designation Order 1994 and shall come into force on 6th April 1994.
Interpretation
2
1
In this Order —
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 2 as to public access;
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 6 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who has entered into an agreement with the Minister;
“grassland” means land on which the vegetation consists primarily of grass species;
“hay meadow” means land used for the production of hay;
“improved permanent grassland” means permanent grassland which is receiving inputs of inorganic fertiliser exceeding 75 kg of nitrogen, 37.5 kg of phosphate and 37.5 kg of potash per hectare per year or inputs of organic fertiliser exceeding 25 tonnes per hectare per year;
“low-input permanent grassland” means grassland which has not been ploughed or reseeded for at least five years and which is receiving inputs of inorganic fertiliser not exceeding 75 kg of nitrogen, 37.5 kg of phosphate and 37.5 of potash per hectare per year or inputs of organic fertiliser not exceeding 25 tonnes per hectare per year;
“managed woodland” means an area of at least one hectare of woodland for which, within two years of the start of the agreement, the farmer or the woodland owner obtains approval for a grant in connection with the management of the land for forestry purposes under section 1 of the Forestry Act 1979 ;
“permanent grassland” means grassland which has not been ploughed or reseeded for at least five years;
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
“rough land” means heathland and wetland (including mires);
“unimproved pasture” means pasture which is receiving no or only minimal inputs of fertiliser;
“wetland” means land which is subject to regular flooding or which is waterlogged for the greater part of the year;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
2
Any reference in this Order to a numbered article or Schedule shall be construed as a reference to the article or Schedule bearing that number in this Order.
Designation of environmentally sensitive area
3
There is hereby designated as an environmentally sensitive area the area of land in the Blackdown Hills in the Counties of Devon and Somerset which is shown coloured yellow on the maps contained in the volume of maps marked “volume of maps of the Blackdown Hills environmentally sensitive area” dated 3rd March 1994, signed and sealed by the Minister and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, 17 Smith Square, London SW1P 3JR.
Requirements included in an agreement
4
An agreement shall include the requirements specified in Schedule 1 as to agricultural practices, methods and operations and the installation and use of equipment.
5
An agreement may also include the requirements as to public access specified in Schedule 2 to this Order.
Breach of requirements
6
An agreement shall include provisions that —
a
in the event of a breach by the farmer of the requirements referred to in article 4 which are included in the agreement, the Minister may give the farmer notice in writing terminating the agreement forthwith and may recover from the farmer as a debt an amount equivalent to the payments made by the Minister under the agreement or such part thereof as the Minister may specify;
b
any question arising under the agreement as to whether there has been a breach of any of the requirements referred to in article 4 shall be referred to and determined by a single arbitrator to be agreed between the parties or in default of agreement to be appointed by the President of the Royal Institution of Chartered Surveyors and in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or re-enactment thereof for the time being in force.
Rates of payment under agreement
7
1
The Minister shall make payments under an agreement for land to which the agreement relates at the following rates —
a
£12 per annum for each hectare of land other than improved permanent grassland, low-input permanent grassland, unimproved pasture, rough land or woodland;
b
£25 per annum for each hectare of improved permanent grassland;
c
£40 per annum for each hectare of low-input permanent grassland;
d
£50 per annum for each hectare of unimproved pasture and rough land,
unless a higher rate is applicable in accordance with paragraph (3) below.
2
Where an agreement includes the requirements as to public access specified in Schedule 2 the Minister shall make payments at the rate of £170 per annum for each hectare of access route.
3
Where an agreement includes the additional provisions specified in Schedule 3 in relation to any land, the Minister shall make payments at the rate of £180 per annum for each hectare of that land.
4
Where an agreement includes the additional provisions specified in Schedule 4 in relation to any managed woodland, the Minister shall make payments at a rate of £25 per annum for each hectare of that managed woodland.
5
Where an agreement includes the additional provisions specified in Schedule 5, the Minister shall make payments at the rate of £3 for each 10 metres of stockproof hedges per hectare, subject to a maximum of 50 metres of stockproof hedges per hectare, and to a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1 (less any rough land) which contains or is enclosed or partially enclosed by such hedges.
6
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the aggregate of the operations included in the plan at a rate not exceeding £75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3,000 for each plan.
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.
We consent,
Timothy Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Birmingham Hospital National Health Service Trust (Establishment) Amendment Order 1994 and shall come into force on 28th October 1994.
2
In this Order unless the context otherwise requires —
“ The Order ” means the East Birmingham Hospital National Health Service Trust (Establishment) Order 1991 .
“ The Trust ” means the National Health Service trust established by the Order .
Amendment of the Order
2
In the Order —
a
at the end of article 3(2) there shall be inserted the words “(including the management of teaching and research facilities)”.
b
article 4 shall be renumbered 4(1) and after article 4(1) there shall be inserted the following paragraph —
2
Since the trust is to be regarded as having a significant teaching and research commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the act, one of the non-executive directors shall be appointed from the University of Birmingham.
Signed by authority of the Secretary of State for Health.
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
18th October 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ashford Hospital National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 10th May 1994.
2
In this Order–
“the Authority” means the Ealing, Hammersmith and Hounslow Health Authority;
“the Trust” means the Ashford Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 12th January 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 10th May 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
12th April 1994


text:
Title and commencement
1
This Scheme shall be known as the Marketing Development Scheme 1994 and shall come into force on 15th June 1994.
The Marketing Development Scheme
2
In accordance with the following provisions of this Scheme the appropriate Minister may pay to any person satisfying the conditions set out in paragraph 3 below a grant representing 50 per cent of the expenditure (other than value added tax) which has been incurred by that person in carrying out a proposal for the organisation, promotion, encouragement, development, co-ordination or facilitation of the marketing in Great Britain or elsewhere of —
a
the produce of agriculture (including horticulture);
b
the produce of an activity specified for the purposes of section 50(2) of the Agriculture Act 1993 by order made by the Ministers; or
c
anything derived from produce falling within sub-paragraph (a) or (b) of this paragraph,
insofar as the expenditure relates to any of the items specified in Schedule 1 hereto.
Eligibility for the payment of a grant under the Marketing Development Scheme
3
1
For a person to be eligible to be considered for the payment of a grant under this Scheme he must be able to demonstrate to the satisfaction of the appropriate Minister that the purpose of the proposal in respect of which the grant is claimed is to achieve or assist in the achievement of a significant marketing or commercial development.
2
For a person (other than a trade association or industry body) to be eligible to be considered for the payment of a grant under this Scheme he must be able to demonstrate to the satisfaction of the appropriate Minister that the business to which the proposal relates is likely to command a significant share of the market at which that proposal is targeted.
3
No person shall be eligible to be considered for the payment of a grant under this Scheme unless he declares —
a
that the proposal for which the grant is to be made would not be carried out but for the grant;
b
that no assistance in respect of expenditure for which the grant is to be made is to be given under any enactment other than section 50 of the Agriculture Act 1993;
c
that his overall commercial viability is not dependent upon receipt of the grant; and
d
(where he is a food processor or manufacturer) that the turnover of his business in the year in which the application for the grant is made is not likely to exceed £100 million.
Applications for grants under the Marketing Development Scheme
4
1
Any person wishing to be considered for the payment of a grant under this Scheme shall apply for such a grant to the appropriate Minister in such form as the Minister concerned may from time to time determine.
2
Each application, except one relating only to a feasibility study, training or the appointment of new directors or to any combination thereof, shall be supported by a comprehensive feasibility study setting out the objective of the proposal for which the grant is sought and the means by which that objective is to be achieved.
3
The study required by sub-paragraph (2) of this paragraph shall at least include the information specified in Schedule 2 hereto.
4
In the case of an application for a grant relating exclusively to training or the appointment of new directors that application shall contain a reasoned case whereby the need for that training or appointment is objectively justified.
5
In considering whether or not to accept an application for a grant under this Scheme the appropriate Minister —
a
shall have regard to —
i
the need for the proposal to which the application relates,
ii
the importance of that proposal in relation to the market at which it is targeted, and
iii
the likely benefit of that proposal to the agricultural or food industry; and
b
may seek the advice of any specialist in order to assess the merits of the proposal to which the application relates.
6
A person may apply for more than one grant under this Scheme.
7
In accepting an application for a grant under this Scheme, the appropriate Minister shall indicate to the applicant how long the proposal to which the grant relates will be funded under it, which period of time shall not exceed four years; and any subsequent reference in this Scheme to a proposal being funded is a reference to the proposal concerned being funded under it.
Amount of grant
5
No grant paid under this Scheme shall exceed £150,000.
Payment of grants
6
1
Any payment of a grant under this Scheme in respect of any item such as is specified in sub-paragraph (a) or (d) of Schedule 1 hereto shall be made only after the feasibility study, market research or training concerned has been completed to the satisfaction of the applicant and the appropriate Minister and on production to that Minister of a receipted invoice for the item concerned.
2
Any payment of a grant under this Scheme in respect of any item such as is specified in sub-paragraph (b), (c), (e) or (f) of Schedule 1 hereto shall be made quarterly in arrears from the date the application for the grant concerned is accepted by the appropriate Minister, on production to that Minister for the relevant quarter and by such deadline as he shall from time to time indicate to the recipient of the grant —
a
of receipted invoices for the amounts spent on the item concerned during that quarter; or
b
of such certificates for the amounts spent on that item during that quarter as have been signed by a chartered accountant or other suitably qualified person.
3
No person may be paid a grant under this Scheme unless he has given to the appropriate Minister his written consent to the use by that Minister (in a public report made by him concerning the operation of the Scheme) of information about the proposal for which the grant is sought, provided that no disclosure under this sub-paragraph shall give rise to a significant risk of detriment to the applicant’s commercial interests.
Annual statements
7
Each recipient of a grant under this Scheme in respect of a proposal being funded for more than one year shall (except where the grant is in respect of training or the appointment of new directors only) as soon as reasonably practicable after each anniversary of the appropriate Minister’s acceptance of his application for that grant which occurs before the date the funding of that proposal ceases submit to the appropriate Minister an up-to-date statement of —
a
the progress of the proposal towards achieving its objectives; and
b
the recipient’s cash flow, accounts and business plan.
Cessation of funding
8
Each person to whom a grant is paid under this Scheme shall as soon as reasonably practicable after the cessation of the funding of the proposal to which the grant relates submit to the appropriate Minister —
a
a declaration that the requirements of this Scheme were satisfied in respect of the proposal during the time it was funded;
b
an assessment of how far the proposal achieved its objectives during that time; and
c
(other than where the funding was for less than one year) up-to-date details of the recipient’s cash flow, accounts and business plan.
Record-keeping
9
Each person to whom a grant is paid under this Scheme shall —
a
keep records of all financial transactions connected with the proposal to which the grant relates fo a period of at least one year after the cessation of the funding of that proposal; and
b
comply with any reasonable request made by any person duly authorised by the appropriate Minister for the purposes of this Scheme to disclose to that person any of the records referred to in sub-paragraph (a) of this paragraph.
Prior written consent
10
The carrying out of any proposal funded under this Scheme shall not be commenced without the written consent of the appropriate Minister.
Variation and withdrawal of proposals
11
1
The appropriate Minister may permit the recipient of a grant under this Scheme —
a
to vary the proposal to which the grant relates; or
b
to withdraw that proposal,
on written notice of such variation or withdrawal being given to him by that recipient.
2
Where a proposal is withdrawn in accordance with sub-paragraph (1)(b) of this paragraph the appropriate Minister may on demand recover any part of a grant already paid with reference to the proposal.
Financial limits
12
1
Where by reason of the number of grants already made by him under this Scheme the appropriate Minister is at any time of the opinion that the financial resources which he would otherwise make available under it should for a period be restricted he may decide that no further applications for grants under the said Scheme shall be accepted until a time subsequently specified by that Minister.
2
A decision or specification made under sub-paragraph (1) of this paragraph shall be published by notice in the London or Edinburgh Gazette, as appropriate.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd May 1994.
L.S.
Gillian Shephard
Minister of Agriculture, F sheries and Food
James Douglas-Hamilton
Parliamentary Under Secretary of State,
Scottish Office
24th May 1994
Signed by authority of the Secretary of State for Wales
Wyn Roberts
Minister of State, Welsh Office
23rd May 1994
We approve,
Andrew MacKay
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
24th May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1994 and shall come into force at 1400 hours on 20th July 1994.
2
In this Order “razor clams” means Ensis s.p.p., “scallops” means scallops of the class of Pecten Maximus and Queen Scallops of the class of Chlamys Opercularis, “mussels” means Mytilus Edulis and “relevant time” means one minute past midnight on 20th July 1994.
Designated circumstances
2
In the opinion of the Secretary of State, razor clams, scallops and mussels in the area designated in article 3 below may be affected by the toxin which causes paralytic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule to this Order is hereby designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activity prohibited in the designated area
4
No person shall fish for or take any razor clams, scallops or mussels in the designated area.
Prohibited movement of razor clams, scallops or mussels
5
No person shall move any razor clams, scallops or mussels out of the designated area.
Restrictions throughout the United Kingdom
6
No person shall in the United Kingdom or in United Kingdom waters–
a
use any razor clams, scallops or mussels taken out of the designated area after the relevant time in the preparation or processing for supply of food and anything from which food could be derived,
b
land any razor clams, scallops or mussels which were in waters in the designated area after the relevant time,
c
supply, or have in possession for supply, any razor clams, scallops or mussels which were in the designated area after the relevant time,
d
supply, or have in possession for supply, any food or anything from which food could be derived in the preparation or processing of which anything was used in contravention of paragraph (a) of this article,
e
feed to any creature a feeding stuff in the preparation or processing of which anything was used in contravention of paragraph (a) of this article.
A J Matheson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
20th July 1994


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Sheriff Court Parental Orders (Human Fertilisation and Embryology) Rules) 1994 and shall come into force on the date of coming into force of the Parental Orders (Human Fertilisation and Embryology) (Scotland) Regulations 1994.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Sheriff court parental orders rules
2
The provisions of the Schedule to this Act of Sederunt shall have effect for the purpose of providing rules in relation to parental orders under section 30 of the Human Fertilisation and Embryology Act 1990 and applications for such orders.
J.A.D. Hope
Lord President, I.P.D.
Edinburgh,
21st October 1994


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 6) Order 1994 and shall come into force on 15th July 1994.
2
In this Order the principal Order means the Sea Fishing (Enforcement of Community Conservation Measures) Order 1986 .
Amendment of the principal Order
2
The principal Order shall be amended in accordance with article 3 below.
3
In article 2 thereof (interpretation) there shall be substituted for the definition of the Council Regulation the following definition —
“the Council Regulation” means Council Regulation ( EEC ) No. 3094/86 laying down certain technical measures for the conservation of fishery resources , as amended by Council Regulation (EEC) No. 4026/86 , Council Regulation (EEC) No. 2968/87 , Council Regulation (EEC) No. 3953/87 , Council Regulation (EEC) No. 1555/88 , Council Regulation (EEC) No. 2024/88 , Council Regulation (EEC) No. 3287/88 , Council Regulation (EEC) No. 4193/88 , Council Regulation (EEC) No. 2220/89 , Council Regulation (EEC) No. 4056/89 , Council Regulation (EEC) No. 3500/91 , Council Regulation (EEC) No. 345/92 , Council Regulation (EEC) No. 1465/92 , Council Regulation (EEC) No. 2120/92 , Council Regulation (EEC) No. 3034/92 , and Council Regulation (EEC) No. 3676/93 ;
.
Revocation
4
The Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) (No. 5) Order 1992 is hereby revoked.
In witnes whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 17th June 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
20th June 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
20th June 1994
Patrick Mayhew
Secretary of State for Northern Ireland
24th June 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Berkshire National Health Service Trust for People with Learning Disabilities (Transfer of Trust Property) Order 1994 and shall come into force on 28th April 1994.
2
In this Order —
“the Authority” means the Berkshire Health Authority;
“the Trust” means the East Berkshire National Health Service Trust for People with Learning Disabilities;
“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 25th November 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 28th April 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
30th March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Severe Disablement Allowance and Invalid Care Allowance) Amendment Regulations 1994 and shall come into force on 28th October 1994.
Amendment of sections 68 and 70 of and Schedule 6 to the Social Security Contributions and Benefits Act 1992
2
1
The Social Security Contributions and Benefits Act 1992 shall be amended in accordance with the following provisions of this regulation.
2
In section 68 (entitlement to and rate of severe disablement allowance) —
a
in subsection (4)(d) for “pensionable age” there shall be substituted “the age of 65”;
b
in subsection (11)(a)(i) for “retiring age” there shall be substituted “the age of 65”; and
c
in subsection (13) the words ““retiring age” means 70 in the case of a man and 65 in the case of a woman,” shall be omitted.
3
In section 70 (invalid care allowance) —
a
in subsection (5) for “pensionable age” there shall be substituted “the age of 65”;
b
in subsection (6) for “retiring age” there shall be substituted “the age of 65”; and
c
subsection (10) shall be omitted.
4
In Schedule 6 (assessment of extent of disablement) the words “, if a woman, or 70, if a man” at the end of paragraph 4(1) shall be omitted.
Amendment of Schedules 1 and 2 to the Social Security (Incapacity for Work) Act 1994
3
1
The Social Security (Incapacity for Work) Act 1994 shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 18 of Schedule 1 (consequential amendments) —
a
for sub-paragraphs (6) and (7) substitute —
6
Omit subsections (12) and (13).
.
3
In Schedule 2 (repeals) for paragraph (b) in the repeals made to section 68 of the Social Security Contributions and Benefits Act 1992 substitute —
b
subsections (12) and (13)
.
Amendment of the Social Security (Severe Disablement Allowance) Regulations 1984
4
1
The Social Security (Severe Disablement Allowance) Regulations 1984 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation) after “1975,” the word “and” shall be omitted and at the end there shall be added —
and “the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992
.
3
In the heading to regulation 4 and in that regulation for “pensionable age” there shall be substituted “the age of 65”.
4
After regulation 4 there shall be inserted —
Women aged 65 before 28th October 1994
4A
1
A woman shall be entitled to a severe disablement allowance if —
a
she attained the age of 65 before 28th October 1994;
b
immediately before attaining the age of 65 she would have satisfied the requirements for entitlement to a severe disablement allowance or, if she attained that age before 29th November 1984, to a non-contributory invalidity pension (whether or not she made a claim) but for —
i
the condition, which applied prior to 28th October 1994, in section 68(4)(d) of the Contributions and Benefits Act (exclusion of persons who had attained pensionable age and had not been entitled to a severe disablement allowance immediately before attaining that age) ; or
ii
the corresponding condition in respect of non-contributory invalidity pension ; and
c
she satisfies the requirements for entitlement to a severe disablement allowance apart from the conditions in section 68(2), (3) and (4)(d) of the Contributions and Benefits Act.
2
For the purposes of paragraph (1)(b) there shall be excluded from the requirements for entitlement to a non-contributory invalidity pension the condition that the claimant, if she were married or cohabiting with a man, be incapable of performing normal household duties.
.
5
In the heading to regulation 5 and in paragraph (a) of that regulation for “retiring age” there shall be substituted “the age of 65”.
6
After regulation 5 there shall be inserted —
Men aged 65 before 28th October 1994
5A
A man who —
a
attained the age of 65 before 28th October 1994; and
b
was entitled to a severe disablement allowance or a non-contributory invalidity pension immediately before he attained that age,
shall be entitled to a severe disablement allowance notwithstanding that he ceased to satisfy the conditions specified in section 68(2) or (3) of the Contributions and Benefits Act after he attained that age, if he satisfies the other requirements for entitlement to that allowance .
.
7
In regulation 7(1) for “retiring age” there shall be substituted “the age of 65”.
8
In regulation 20(3) for “retiring age” there shall be substituted “the age of 65”.
Amendment of the Social Security (Invalid Care Allowance) Regulations 1976
5
1
The Social Security (Invalid Care Allowance) Regulations 1976 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation) after “1975” there shall be inserted “, “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ”.
3
In the heading to regulation 10 and in that regulation for “pensionable age” there shall be substituted “the age of 65”.
4
After regulation 10 there shall be inserted —
Women aged 65 before 28th October 1994
10A
A woman shall be entitled to an invalid care allowance if —
a
she attained the age of 65 before 28th October 1994;
b
immediately before attaining the age of 65 she would have satisfied the requirements for entitlement to an invalid care allowance, whether or not she made a claim, but for the condition, which applied prior to 28th October 1994, in section 70(5) of the Contributions and Benefits Act (exclusion of persons who had attained pensionable age and had not been entitled to that allowance immediately before attaining that age); and
c
she satisfies the requirements for entitlement to an invalid care allowance apart from the conditions in section 70(1)(a) and (b) and (5) of the Contributions and Benefits Act.
.
5
In the heading to regulation 11 and in that regulation for “retiring age” there shall be substituted “the age of 65”.
6
After regulation 11 there shall be inserted —
Men aged 65 before 28th October 1994
11A
A man who —
a
attained the age of 65 before 28th October 1994; and
b
was entitled to an invalid care allowance immediately before he attained that age,
shall be entitled to that allowance notwithstanding that, after he attained that age, he was not caring for a severely disabled person or no longer satisfied the requirements of section 70(1)(a) or (b) of the Contributions and Benefits Act, if he satisfies the other requirements for entitlement to that allowance .
.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
3rd October 1994


text:
1
This Scheme may be cited as the M606 Motorway (Staygate Extension) Scheme 1994 and shall come into force on 7th October 1994.
2
The Secretary of State is authorised to provide a special road for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980 along a route from the northern end of the M606 Motorway (being at a point 90 metres south of the southern overbridge at Staygate Roundabout, at Bradford in the County of West Yorkshire) to a point 105 metres north of the northern overbridge at that roundabout, a distance of 0.31 kilometres.
3
The centre line of the new special road is indicated by a heavy black line on the plan numbered HA16/YHNMD 2, marked “The M606 Motorway (Staygate Extension) Scheme 1994”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
4
The new special road shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
Acting Director Yorkshire and Humberside Region Network Management Division The Highways Agency
9th September 1994


text:
1
This Order may be cited as the Consular Fees (Amendment) Order 1994.
2
Part II of the Table of Consular Fees in the Schedule annexed to the Consular Fees Order 1994 shall be amended as follows —
a
in Fee 14 for paragraph (i) there shall be substituted the following paragraph —
1
Issuing a British Visitor’s passport except where fee 14(2) is applicable
12.00
;
b
in Fee 20 for paragraph (a) there shall be substituted the following paragraph —
a
Receiving an application for —
i
entry clearance (other than for the United Kingdom or a dependency of the United Kingdom)
20.00
ii
entry clearance for a dependency of the United Kingdom
20.00
;
c
in Fee 22 for paragraph (1) there shall be substituted the following paragraph —
1
Receiving, outside the United Kingdom, an application for —
a
a visa for passing through the United Kingdom without entering it, where the applicant is under 25 years of age
12.50
b
a visa for passing through the United Kingdom without entering it, where the applicant is 25 years of age or over
25.00
c
entry clearance;
i
in respect of any of the following
for employment or self employment for a period of six months or less,
as a returning resident,
as a visitor,
as a student,
as a passenger in transit except where either sub-paragraph (a) or (b) above applies,
as an “au pair”,
for a working holiday,
valid in each case in accordance with the following specified conditions
for one entry where the applicant is under 25 years of age
16.50
for one entry where the applicant is 25 years of age or over
33.00
for multiple entries, valid for six months from the date of issue
45.00
for multiple entries, valid for two years from the date of issue
65.00
for multiple entries, valid for five years from the date of issue
130.00
ii
for settlement
145.00
iii
for marriage
145.00
iv
for any purpose other than those listed in sub-paragraphs (i) to (iii) above
50.00
d
a certificate of entitlement to the right of abode
145.00
e
a confirmation of the right of abode
145.00 or such sums (being the equivalent of fees charged by the authorities of any State for receiving or granting an application for an entry clearance to a British citizen) as the Secretary of State, with the consent of the Treasury, directs to be taken for receiving or granting an application for an entry clearance from a national or citizen of that State.
; and
d
in Fee 22 there shall be inserted, after paragraph (1), the following entry —
2
Receiving in the United Kingdom an application made in the United Kingdom for a certificate of entitlement to the right of abode
20.00
.
R. P. Bulling
Deputy Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Children’s Homes Amendment Regulations 1994 and shall come into force on 4th July 1994.
Amendment of the Children’s Homes Regulations 1991
2
In regulation 14 (fire precautions) of the Children’s Homes Regulations 1991 for paragraph (2) there shall be substituted the following paragraph —
2
The responsible authority shall ensure that in respect of the home —
a
precautions are taken against the risk of fire,
b
means of escape in the event of fire are provided,
c
arrangements are made for detecting, containing and extinguishing fire,
d
arrangements are made for warning of an outbreak of fire and for evacuation in the event of fire, and
e
means for fighting fire are provided,
which are such as may reasonably be required in respect of that home.
.
Revocation
3
Regulation 2(10) of the Children (Homes, Arrangements for Placement, Reviews and Representations) (Miscellaneous Amendments) Regulations 1993 is revoked.
Signed by authority of the Secretary of State for Health
John Bowis
Parliamentary Under-Secretary of State,
Department of Health
6th June 1994


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Government Act 1988 (Competition) (Housing Management) (England) Regulations 1994 and shall come into force on 4th October 1994.
2
These Regulations apply to district councils in England, London borough councils, the Common Council of the City of London in its capacity as local authority and the Council of the Isles of Scilly.
Interpretation
2
In these Regulations —
“ the Act ” means the Local Government Act 1988;
“the permitted period” means a period of five years beginning on the date on which work was awarded;
“the specified proportion” means an amount equal to the product of the following formula —
T - ( A + B ) ,
where —
T
the total annual cost (including overheads) to an authority to which these Regulations apply of the specified work,
A
an amount, expressed as a sum of money, produced by calculating the percentage of T shown in the Table in Part I of the Schedule to these Regulations against the appropriate Band for the financial year in question, and the authorities are divided into Bands in accordance with Part II of the Schedule,
B
for the permitted period, an amount equal to the total annual cost (including overheads) of specified work which is being carried out by an authority to which these Regulations apply following voluntary competitive tendering;
“specified work” means work of any description falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) other than work carried out under a works contract in relation to which the authority in question were the bidding authority;
“voluntary competitive tendering” means the awarding of work, before 1st September 1994, following a competitive process in the course of which at least three persons who are not authorities to which these Regulations apply were invited to tender for that work.
Application of section 6
3
Section 6 of the Act shall apply to the specified proportion of any specified work if it is proposed to be carried out on or after 1st April 1996 by an authority to which these Regulations apply.
David Curry
Minister of State,
Department of the Environment
30th August 1994


text:
Citation and commencement
1
This Order may be cited as the Protection of Wrecks (Designation No. 1) Order 1994 and shall come into force on 14th July 1994.
Identification of site and designation of restricted area
2
1
The site where a vessel lies, or is supposed to lie, wrecked on or in the sea bed and in respect of which this Order is made is in position Latitude 52° 15.14' North, Longitude 1° 38.53' East.
2
The area within a distance of 100 metres of that position, but excluding any part of that area which lies above the high-water mark of ordinary spring tides, shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Iain Sproat
Parliamentary Under Secretary of State for National Heritage
12th July 1994


text:
Title and commencement
1
This Order may be cited as the National Rivers Authority (Severn-Trent and Anglian Regional Flood Defence Committees Areas) (Boundaries) Order 1994 and shall come into force on 1st April 1994.
Interpretation
2
In this Order “the map” means the map marked “map referred to in the National Rivers Authority (Severn-Trent and Anglian Regional Flood Defence Committees Areas) (Boundaries) Order 1994”.
Alteration of boundaries
3
1
The boundaries of the area of the Severn-Trent Regional Flood Defence Committee shall be altered so as to exclude from that area all those lands within the Parishes of Hardwick, Thorney and Wigsley which are shown coloured red on map.
2
The boundaries of the area of the Anglian Regional Flood Defence Committee shall be altered so as to add to that area all those lands within the Parishes of Hardwick, Thorney and Wigsley which are shown coloured red on the map.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th January 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
John Redwood
Secretary of State for Wales
1st February 1994


text:
Citation and commencement
1
These Regulations may be cited as the Food Safety (Live Bivalve Molluscs and Other Shellfish) (Import Conditions and Miscellaneous Amendments) Regulations 1994 and shall come into force on 21st November 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“approved import conditions” means the conditions for the importation of live bivalve molluscs and other shellfish which are laid down in a Commission Decision mentioned in Schedule 1;
“aquaculture products” has the same meaning as in the Food Safety (Fishery Products) Regulations 1992 ;
“bivalve molluscs” has the same meaning as in the principal Regulations ;
“the Council Directive ” means Council Directive 91/492/ EEC of 15th July 1991, laying down the health conditions for the production and the placing on the market of live bivalve molluscs , as adapted for the purposes of the EEA Agreement ;
“consignment”, except in the expression “private consignment”, has the same meaning as in the principal Regulations;
“the Derogations Regulations ” means the Food Safety (Live Bivalve Molluscs) (Derogations) Regulations 1992 ;
“designated bivalve production area” has the same meaning as in the principal Regulations;
“dispatch centre” has the same meaning as in the principal Regulations;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“ EEA State ” means a State which is a Contracting Party to the EEA Agreement, but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein ;
“import” means import into Great Britain, but only if the product in question is not imported from another part of the British Islands ;
“the Import and Export Regulations ” means the Products of Animal Origin (Import and Export) Regulations 1992 ;
“local authority” has the same meaning as in the Import and Export Regulations;
“other shellfish” has the same meaning as in the principal Regulations;
“the principal Regulations” means the Food Safety (Live Bivalve Molluscs and Other Shellfish) Regulations 1992 ;
“private consignment” means a quantity of live bivalve molluscs or other shellfish which are —
imported as trade samples; or
not being imported by way of trade, and which —
form part of a traveller’s personal luggage, or
have been sent to a person, other than a body of persons corporate or unincorporate, in Great Britain;
“production area” has the same meaning as in the principal Regulations;
“purification centre” has the same meaning as in the principal Regulations;
“relaying” has the same meaning as in the principal Regulations;
“relaying area” has the same meaning as in the principal Regulations;
“the Reference Laboratories Decision ” means Council Decision 93/383/EEC on reference laboratories for the monitoring of marine biotoxins ;
“third country” means any country or territory which is not part of the European Economic Area including, until the EEA Agreement comes into force in relation to Liechtenstein, the State of Liechtenstein.
2
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered Chapter is to the Chapter in the Annex to the Council Directive bearing that number;
b
to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;
c
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;
d
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
General restriction on importing live bivalve molluscs or other shellfish
3
1
Subject to paragraph (2), no person shall import any live bivalve molluscs or other shellfish which are for human consumption, unless (without prejudice to any restrictions imposed under the Fish Health Regulations 1992 or the Shellfish and Specified Fish (Third Country Imports) Order 1992 ) —
a
they are products in respect of which —
i
unless head (ii) applies, all applicable requirements of the Council Directive (allowing for any derogations which have been granted from the conditions set out in the Council Directive) and the Reference Laboratories Decision are satisfied, or
ii
if they originate in a third country , the requirements specified in Schedule 2 are satisfied; and
b
any additional conditions imposed under regulation 4 are satisfied,
in relation to those live bivalve molluscs or other shellfish which he imports.
2
Paragraph (1) shall not apply to a person importing a private consignment —
a
from a country or territory within the European Community, unless that consignment is a consignment of trade samples which weighs more than 10 kilograms; or
b
from any other country or territory, if that consignment weighs 1 kilogram or less.
Additional conditions in relation to certain third country imports
4
1
Subject to paragraph (3), no person shall import any live bivalve molluscs or other shellfish which are for human consumption —
a
from a third country;
b
from a country or territory within the European Community if those live bivalve molluscs or other shellfish do not originate from within the European Economic Area, unless those products were in free circulation in that country or territory within the European Community;
c
from an EEA State which is not also a member State, unless those live bivalve molluscs or other shellfish originate from within the European Economic Area,
unless the conditions specified in paragraph (2) are satisfied in relation to those live bivalve molluscs or other shellfish which he imports.
2
The conditions referred to in paragraph (1) are that —
a
except in the circumstances set out in sub-paragraph (b), the live bivalve molluscs or other shellfish comprise or are part of a consignment which is accompanied by a duly completed certificate which —
i
comprises a single sheet,
ii
is drawn up in English and, where appropriate, in an official language of a country or territory for which those live bivalve molluscs or other shellfish are destined,
iii
contains the information mentioned in the specimen health certificate set out in Schedule 3, and
iv
contains the health attestation mentioned in that certificate, duly signed and dated by an official inspector duly appointed by the competent authority of the state of origin of those bivalve molluscs or other shellfish;
b
a person importing live bivalve molluscs or other shellfish in circumstances where —
i
those live bivalve molluscs or other shellfish originate in a third country in respect of which the European Commission has adopted approved import conditions, and
ii
those approved import conditions relate to those live bivalve molluscs or other shellfish;
shall import those live bivalve molluscs or other shellfish in accordance with those approved import conditions.
3
Paragraph (1) shall not apply to a person importing a private consignment, if that consignment weighs 1 kilogram or less.
Amendment of the principal Regulations
5
The amendments to the principal Regulations set out in Schedule 4 shall have effect.
Enforcement and penalties
6
For the purposes of the Import and Export Regulations —
a
the requirements set out in regulations 3 and 4 shall be treated as health conditions (whether or not they are health conditions, as defined in the Import and Export Regulations ) and
b
those conditions shall be enforced as health conditions —
i
by a local authority or the Minister (or by an authorised officer of the local authority or the Minister), whichever has the responsibility under the Import and Export Regulations for enforcing health conditions in the particular circumstances of the case,
ii
in accordance with the procedures set out in the Import and Export Regulations, and
iii
subject to the penalties and other sanctions set out in the Import and Export Regulations.
Transitional provision
7
Regulation 4(2)(a) shall not apply in relation to any live bivalve molluscs or other shellfish which left their country of origin before 21st February 1995.
Revocation
8
Paragraph (3) of regulation 22 of the principal Regulations (amendment of Regulations) is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 31st October 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
24th October 1994
John Redwood
Secretary of State for Wales
26th October 1994
Sir Hector Monro
Parliamentary Under Secretary of State Scottish Office
31st October 1994


text:
Citation and commencement
1
This Order may be cited as the International Transport Conventions Act 1983 (Amendment) Order 1994 and shall come into force on the date the Protocol comes into force which date shall be notified in the London, Edinburgh and Belfast Gazettes.
Amendment of the International Transport Conventions Act 1983
2
In section 1(3) of the International Transport Conventions Act 1983 (which specifies the provisions of the Convention having the force of law), in paragraph (a) at the end of sub-paragraph (ii) for the full stop there shall be substituted “, and” and the following sub-paragraph shall be added —
iii
the Protocol amending the Convention adopted by the 2nd General Assembly of the Intergovernmental Organisation for International Carriage by Rail (OTIF) constituted by the Convention held at Berne from 17th to 20th December 1990 as presented to Parliament in 1993 and set out in Command Paper 2232
.
N. H. Nicholls
Clerk of the Privy Council


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Bovine Offal (Prohibition) (Amendment) Regulations 1994 and shall come into force on 2nd November 1994.
2
In these Regulations “the principal Regulations ” means the Bovine Offal (Prohibition) Regulations 1989 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 2(1) of the principal Regulations —
a
after the definition of “excepted premises” there shall be inserted the following definition: —
“excluded matter” in relation to any bovine animal which has died or been slaughtered in the United Kingdom means any part of such an animal which does not consist of or contain any specified bovine offal;
;
b
for the definition of “specified bovine offal” there shall be substituted the following: —
“specified bovine offal” means the following parts of a bovine animal —
a
the brain, spinal cord, spleen, thymus, tonsils and intestines of an animal, more than six months of age, which has died or been slaughtered in the United Kingdom;
b
the thymus and intestines of an animal, two months or over but not more than six months of age, which has died or been slaughtered in the United Kingdom;
c
the thymus and intestines of an animal, under two months of age, which has been slaughtered in the United Kingdom; and
which no longer form part of the carcase of an animal.
.
4
Paragraph (1) of regulation 3 of the principal Regulations shall be deleted.
5
In regulation 7 of the principal Regulations the following shall be deleted: —
a
paragraph (1)(e) and the word “or” immediately preceding it; and
b
paragraph (2).
In witness whereof the official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 6th October 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under-Secretary of State,
Department of Health
5th October 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
10th October 1994


text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Members' Allowances) (Amendment) Regulations 1994 and shall come into force on 1st April 1994 (“the commencement day”).
Increase of allowances
2
1
The Local Authorities (Members' Allowances) Regulations 1991 shall be amended as follows.
2
In regulation 12(c) (special responsibility allowance), for “£8,120” there shall be substituted, in relation to any year beginning on or after the commencement day, “£8,291”.
3
In regulation 17(2) (allowance in respect of conferences and meetings) for “£24.70” there shall be substituted, in relation to attendance at a conference or meeting on or after the commencement day, “£25.20”.
4
In regulation 18(1) (attendance allowance) for “£24.70” there shall be substituted, in respect of an approved duty performed on or after the commencement day, “£25.20”.
5
In regulation 18(2) (financial loss allowance), in respect of an approved duty performed on or after the commencement day —
a
in paragraph (a) for “£21.00” there shall be substituted “£21.45”; and
b
in paragraphs (b) and (c), for “£42.00” there shall be substituted “£42.90”.
6
For the Table in the Schedule, in relation to a year beginning on or after the commencement day, there shall be substituted the following —
Table
(1) (2) Authority or description of authority Amount £
A county council 3,065 A metropolitan district council 3,065 Each of the following non-metropolitan district councils: Bristol, Cardiff, Derby, Kingston-upon-Hull, Leicester, Luton, Milton Keynes, Northampton, Nottingham, Plymouth, Portsmouth, Southampton, Stockton-on-Tees, Stoke-on-Trent, Swansea, Thamesdown, Warrington, Woodspring 2,160 Any other non-metropolitan district council 1,500 A London borough council 3,065 A joint authority 965 The Council of the Isles of Scilly 1,500.
Revocation
3
The Local Authorities (Members' Allowances) (Amendment) Regulations 1993 are revoked.
Signed by authority of the Secretary of State
Tony Baldry
Parliamentary Under-Secretary of State,
Department of the Environment
28th February 1994
John Redwood
Secretary of State for Wales
7th March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Income Support (General) Amendment Regulations 1994 and shall come into force on 2nd May 1994.
Mortgage Interest Payments
2
In Schedule 3 to the Income Support (General) Regulations 1987 (housing costs) after paragraph 5 (circumstances in which no amount of housing costs may be met) there shall be inserted the following paragraph–
Other Housing Costs which are not met
5A
1
Subject to the following provisions of this paragraph, the housing costs referred to in paragraph 1(a), (aa) and (b) shall not be met during the relevant period where those costs were incurred–
a
after 2nd May 1994; and
b
during that same relevant period.
2
The “relevant period” is any period during which the person who incurred the cost is either–
a
entitled to income support; or
b
living as a member of a family one of whom is entitled to income support,
together with any linked period that is to say a period falling between two such periods of entitlement to income support separated by not more than 26 weeks; and for the purposes of this paragraph two or more periods of entitlement and any intervening linked periods form a single relevant period.
3
Where in the relevant period, before the housing costs referred to in sub– paragraph (1) were incurred (“the new liability”), housing costs of a kind referred to in paragraph 1(a), (aa) or (b) were applicable in the case of the claimant or a member of his family (“the former liability”) then, in sub–paragraph (1), the housing costs which are not to be met are such costs, except those costs mentioned in sub– paragraphs (4) and (5)–
a
except in a case to which head (b) applies, as are equal to an amount (if any) by which the new liability exceeds the former liability; and
b
where–
i
the former liability has remained and the new liability was incurred in addition to the former liability, and
ii
paragraph 4(6) (payments in respect of two dwellings) does not apply in respect of the former liability and the new liability,
as are equal to the amount of the new liability.
4
The housing costs mentioned in this sub–paragraph are any housing costs in excess of the former liability which are attributable solely to movements in interest rates, and not to an increase in the amount borrowed.
5
The housing costs mentioned in this sub–paragraph are those met under paragraph 8 (interest on loans for repairs and improvements to the dwelling occupied as the home), but as if for head (k) in sub–paragraph (3) of that paragraph, there was substituted the following head–
k
provision of separate sleeping accommodation for children of different sexes aged 10 or over who are part of the same family as the claimant.
.
6
Notwithstanding sub–paragraph (1), the housing costs shall be met in accordance with the provisions of this Schedule in the case of a claimant who satifies the conditions specified in sub–paragraph (7), (8), (9) or (10) below, but–
a
subject to any additional limitations imposed by the sub–paragraph; and
b
where the claimant satisfies the conditions in more than one of those sub– paragraphs, only one sub–paragraph shall apply in his case and the one that applies shall be the one most favourable to him.
7
The conditions specified in this sub–paragraph are that–
a
during the relevant period the claimant or a member of his family acquires an interest (“the relevant interest”) in a dwelling which he then occupies as his home; and
b
in the week preceding the week in which the relevant interest was acquired, housing benefit was payable to the claimant or a member of his family;
so however that the amount to be met in accordance with this Schedule shall initially not exceed the aggregate of–
i
the housing benefit payable for that week; and
ii
any amount included in the applicable amount of the claimant or a member of his family in accordance with regulation 17(1)(e) or 18(1)(f) in that week;
and shall be increased subsequently only to the extent that it is necessary to take account of any increase, arising after the date of the acquisition, in expenditure on housing costs.
8
The conditions specified in this sub–paragraph are that the loan was taken out, or an existing loan increased, either–
a
to make adaptations to an existing property to meet the special needs of a disabled person; or
b
to acquire alternative accommodation more suited to the special needs of a disabled person than the accommodation which was occupied before the acquisition by the claimaint;
and in this sub-paragraph a disabled person is a person in respect of whom a disability premium, disabled child premium, higher pensioner premium or pensioner premium for persons aged 75 or over is included in his applicable amount or would be so included but for his failure to satisfy other conditions of entitlement to income support.
9
The conditions specified in this sub–paragraph are that–
a
the loan commitment increased in consequence of the disposal of the dwelling occupied as the home and the acquisition of an alternative such dwelling; and
b
the change of dwelling was made solely by reason of the need to provide separate sleeping accommodation for children of different sexes aged 10 or over who are part of the same family as the claimant.
10
The conditions specified in this sub–paragraph are that–
a
during the relevant period the claimant or a member of his family acquires an interest (“the relevant interest”) in a dwelling which he then occupies as his home; and
b
in the week preceding the week in which the relevant interest was acquired, the applicable amount of the claimant or a member of his family included an amount determined by reference to paragraph 1(c) to (i);
so however that the amount to be met in accordance with this Schedule shall initially not exceed the amount so determined, and shall be increased subsequently only to the extent that it is necessary to take account of any increase, arising after the date of the acquisition, in expenditure on housing costs.
11
Sub–paragraph (1) shall not apply in relation to–
a
any accumulated arrears of interest whenever accumulated; and
b
any interest on a loan for service charges imposed to meet the cost of repairs and improvements to the dwelling occupied as the home.
12
The following provisions of this Schedule shall have effect subject to the provisions of this paragraph.
.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under–Secretary of State,
Department of Social Security
31st March 1994


text:
Title and commencement
1
These Regulations may be cited as the Medicines (Standard Provisions for Manufacturer’s Licences for Veterinary Medicinal Products) Regulations 1994 and shall come into force on 1st December 1994.
Interpretation
2
1
In these Regulations —
“Directive 81/851/ EEC ” means Council Directive 81/851/EEC on the approximation of the laws of the Member States relating to veterinary medicinal products as amended by Council Directive 90/676/EEC and Council Directive 93/40/ EEC ;
“Directive 91/412/EEC ” means Commission Directive 91/412/EEC laying down the principles and guidelines of good manufacturing practice for veterinary medicinal products ; and
“veterinary medicinal product” has the meaning given by Article 1.2 of Directive 81/ 851/EEC, and shall mean a veterinary medicinal product to which Article 2.1 of that Directive applies.
2
For the purposes of these Regulations the term “competent authority” used in Directives 81/851/EEC and 91/412/EEC means the licensing authority under section 6 of the Medicines Act 1968.
3
Unless the context otherwise requires, expressions used both in these Regulations and in Directive 81/851/EEC or 91/412/EEC shall be interpreted in accordance with the Directive in which they are used.
4
References in regulations 4 to 7 below to a numbered Article are references to that Article in Directive 81/851/EEC .
Standard provisions for manufacturer’s licences for veterinary medicinal products
3
The standard provisions for manufacturer’s licences for veterinary medicinal products for the purposes of Part II of the Medicines Act 1968 shall be the provisions set out in regulations 4 to 8 below.
Standard provisions: Directive 81/851/EEC
4
The licence holder shall comply with the provisions of paragraphs (a) to (g) of Article 27, and in the case of paragraph (c), the words “the particulars supplied pursuant to Article 25” shall mean the particulars corresponding to those set out in that Article submitted to the licensing authority as part of the holder’s application for the relevant licence pursuant to the Medicines (Applications for Manufacturer’s and Wholesale Dealer’s Licences) Regulations 1971 .
5
1
The licence holder shall have permanently and continuously at his disposal the services of at least one Qualified Person, who satisfies the requirements as to qualifications and experience set out in Article 31, or who is permitted to act as a Qualified Person by virtue of the provisions of Article 32.
2
The licence holder may himself undertake the duties of the Qualified Person if he satisfies the provisions of Article 31 or 32 as the case may be.
3
The Qualified Person shall be responsible in particular for carrying out the duties specified in Article 30.1(a) and (b) and 30.2.
4
Where, after the licence holder and the person acting as a Qualified Person have been given the opportunity to make written or oral representations, the licensing authority have served written notice on the licence holder stating that the person so acting does not satisfy the provisions of Article 31 or 32, or that that person has failed to carry out the duties required by paragraph (3) above, which notice has not been withdrawn, the licence holder shall not permit that person to act as a Qualified Person.
6
The licence holder shall give to the licensing authority on request details of the control tests carried out on the finished product and on the constituents and intermediate products of the manufacturing process, which have been carried out in accordance with the methods approved for the purposes of the relevant product licence granted in respect of the product.
7
Where the licensing authority have given the licence holder written notice that one or more of the grounds set out in Article 37.1(a) to (e) applies in respect of a product, or any batch thereof, to which his licence relates, the licence holder shall comply with any direction in the notice to withhold that product or batch from sale or supply and to withdraw the product or batch from the market.
Standard provisions: Directive 91/412/EEC
8
1
Subject to paragraph (2) below, the licence holder shall comply with the principles and guidelines of good manufacturing practice as set out in Articles 4 to 14 of Directive 91/412/EEC , and such principles and guidelines shall be interpreted in accordance with Article 3, second paragraph, of that Directive.
2
In order to comply with the provisions of Article 12 of that Directive (Work contracted out), the licence holder shall ensure that the terms of the contract require that the contractor complies with the requirements of Article 12.3 and 12.4.
Disapplication
9
The standard provisions for manufacturer’s licences prescribed by regulation 3(4) of and Schedule 2 to the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971 shall be superseded by these Regulations in so far as those provisions apply to manufacturer’s licences for veterinary medicinal products.
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st October 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
19th October 1994
Signed by authority of the Secretary of State for Wales,
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
21st October 1994
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 26th October 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 18th day of October 1994.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 17th day of October 1994.
J. Murray
Permanent Secretary


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Surrey Ambulance National Health Service Trust (Change of Name) Order 1994 and shall come into force on 20th May 1994.
2
In this Order unless the context otherwise requires —
“ the Order ” means the Surrey Ambulance National Health Service Trust (Establishment) Order 1994 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the Surrey Ambulance Service National Health Service Trust instead of the Surrey Ambulance National Health Service Trust and accordingly in the definition of “the trust” in article 1(2) and in article 2 of the Order after the word “Ambulance” there shall be inserted the word “Service”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person;
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name, and all documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
10th May 1994


text:
1
1
This Order may be cited as the Virgin Islands (Constitution) (Amendment) Order 1994.
2
The Virgin Islands (Constitution) Order 1976 and this Order may be cited together as the Virgin Islands Constitution Orders 1976 to 1994.
3
In this Order, “the Constitution” means the Constitution set out in the Virgin Islands (Constitution) Order 1976.
4
This Order shall come into force on such date as the Governor, acting in his discretion, may appoint by proclamation published in the Gazette .
2
Section 26 of the Constitution shall be amended by substituting the word “thirteen” for the word “nine”.
3
Section 27 of the Constitution shall be amended by replacing subsection (2) by the following: —
2
For the purposes of elections the Virgin Islands shall be a single electoral district and shall return four members to the Council and shall also be divided into nine electoral districts in such manner as may be provided by or under any such law and each such district shall return one member to the Council.
.
4
Section 40(1) of the Constitution shall be amended by substituting the word “seven” for the word “five”.
5
Section 48 of the Constitution shall be amended by substituting the word “three” for the word “two”.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bexley Community Health National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Bexley Community Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Bexley Community Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to manage community health services provided from Bexley Hospital, Bexley, Kent DA5 2BW and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Bexley Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Bexley Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Bexley Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
John Bowis
Parliamentary Under Secretary of State,
Department of Health
28th January 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cornwall and Isles of Scilly Learning Disabilities National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th February 1994.
2
In this Order —
“the Authority” means the Cornwall and Isles of Scilly Health Authority;
“the Trust” means the Cornwall and Isles of Scilly Learning Disabilities 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 26th July 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th February 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
12th January 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Government of Groups of Grant-maintained Schools) Regulations 1994 and shall come into force on 1st October 1994.
2
In these Regulations —
“ the Act ” means the Education Act 1993.
Applications and modifications pursuant to section 127(5)(c)
2
Where proposals for the purposes of subsection (1)(a) or (b) of section 127 of the Act are approved sections 119 to 123 of the Act, Schedule 8 (as modified, where appropriate, by regulation 3 below) to the Act and the instrument of government of a group shall have effect in relation to any person who becomes a member of the governing body of a group —
i
before the date of implementation of the proposals, or
ii
before the date on which the first instrument under section 57(1) of the Act for the governing body comes into effect,
with the following modifications: —
a
section 119(2) shall have effect, in relation to any person who becomes a member of the governing body of a group before the date on which the first instrument under section 57(1) of the Act comes into effect, as if for the words “not be” there were substituted the words “be as specified in the proposals not being”, and
b
section 119(5) shall have effect in relation to a person who was elected, appointed or nominated before the date of incorporation of the governing body as if the reference to four years were to four years from the date of incorporation;
c
section 120(1) shall have effect, in relation to any person who becomes a member of the governing body of a group before the date on which the first instrument under section 57(1) of the Act comes into effect, as if there were added at the end of the subsection the words “in accordance with the proposals”.
d
section 120(4) shall have effect in relation to a person who was elected, appointed or nominated before the date of incorporation of the governing body of the group as if the reference to four years were to four years from the date of incorporation;
e
in section 122(3) for the words “may be specified in the instrument” there are substituted the words “is specified in the proposals”; and
f
in relation to Schedule 8: —
i
references to the governing body are to a governing body or governing bodies required under any enactment , or under any proposals, to select initial core governors and any requirement imposed by that Schedule in relation to the appointment of core governors by the governing body shall apply to such selection;
ii
that Schedule shall have effect, in relation to any person who becomes a member of the governing body of a group before the date on which the first instrument under section 57(1) of the Act comes into effect, so that the number of core governors appointed by a governing body or governing bodies or, as the case may be, externally appointed shall be in accordance with the proposals being a number which meets the requirements in that Schedule;
iii
paragraph 2(3) shall have effect, in relation to any person who becomes a member of the governing body of a group before the date on which the first instrument under section 57(1) of the Act comes into effect as if for “instrument of government” there were substituted “proposals”.
Modification of Schedule 8 in relation to grant-maintained special schools
3
1
Paragraph 4 of Schedule 8 to the Act shall be modified in relation to groups containing one or more grant-maintained special schools as follows to the extent described:
a
For sub-paragraph (3) there is substituted: —
3
a
In the case of a group containing one or more grant-maintained special schools the appropriate number of the core governors must (on the date or dates on which they respectively take office), if reasonably practicable, be parents of registered pupils at schools in the group;
b
in the case of a group consisting only of grant-maintained special schools, not less than two core governors must be persons with experience of education for those with special educational needs;
c
in the case of a group not falling within (b) above or (d) below, which contains one or more grant-maintained special schools —
i
at least one of the core governors must be a person appearing to the governing body to be a member of the local community, and
ii
at least one of the core governors must be a person with experience of education for those with special educational needs;
d
in the case of a group consisting of one or more schools falling within paragraph 2(2)(a) above and one or more grant-maintained special schools only, at least one of the core governors must be a person with experience of education for those with special educational needs;
b
Sub-paragraph (5) shall not apply in the case of a group containing one or more grant-maintained special schools.
c
at the end of the paragraph there shall be added:
8
One person may satisfy any number of the requirements in sub-paragraphs (3)(a), (3)(b), (3)(c)(i) or (3)(c)(ii) above.
.
Application of Schedule 11 to groups containing grant-maintained special schools
4
Paragraphs 1(2) and 4 of Schedule 11 to the Act shall apply in relation to the articles of government of a grant-maintained special school in a group but otherwise the provisions of that Schedule shall not apply in relation to such a school in a group.
Eric Forth
Minister of State,
Department for Education
24th August 1994
John Redwood
Secretary of State for Wales
1st September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Glamorgan National Health Service Trust (Establishment) Order 1994 and shall come into force on 7th March 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 7th March 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means East Glamorgan National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called East Glamorgan National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at East Glamorgan General Hospital, Church Village, Pontypridd, Mid Glamorgan CF38 1AB and associated hospitals;
b
to manage community health services provided from East Glamorgan General Hospital, Church Village, Pontypridd, Mid Glamorgan CF38 1AB and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
Mid Glamorgan Health Authority shall —
a
until the operational date make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
Mid Glamorgan Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
the liabiities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be Mid Glamorgan Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
John Redwood
Secretary of State for Wales
14th February 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Sutton) Order 1994 and shall come into force on 4th July 1994.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
a reference in the Schedule to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in the Schedule to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in the Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.
Designation of special parking area
3
1
The Secretary of State hereby designates the London borough of Sutton except the roads named or described in the Schedule to this Order as a special parking area.
2
A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.
Modification of the Road Traffic Regulation Act 1984
4
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Sutton as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection:
1A
In subsection (1) above, references to “the special parking area”are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (London Borough of Sutton) Order 1994.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991, as they may require.
Modification of the Road Traffic Act 1991
5
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection:
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicles had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the London borough of Sutton as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
6th June 1994


text:
1
The Injuries in War (Shore Employments) Compensation Scheme 1914 shall be amended as follows:
In paragraph (3) thereof for the figures “£97.20”, wherever they occur, there shall be substituted the figures “£98.90”.
2
This Scheme shall have effect as from 11th April 1994, so, however, that no payment shall be made thereunder in respect of any period before that date.
3
This Scheme may be cited as the Injuries in War (Shore Employments) Compensation (Amendment) Scheme 1994, and the Injuries in War (Shore Employments) Compensation Schemes 1914 to 1993 and this Scheme may be cited together as the Injuries in War (Shore Employments) Compensation Schemes 1914 to 1994.
Christopher France
Jonathan Aitken
Members of the Defence Council
We consent,
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Fosse Health, Leicestershire Community National Health Service Trust (Establishment) Order 1994 and shall come into force on 1st April 1995.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Fosse Health, Leicestershire Community National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Fosse Health, Leicestershire Community National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Loughborough Hospital, Hospital Way, Loughborough, Leicestershire LE11 0JY and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from Gipsy Lane, Humber — stone, Leicester LE5 0TD and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non — executive directors shall be appointed from the University of Leicester.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th December 1994