text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Blackpool, Wyre and Fylde Community Health Services National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 19th December 1994.
2
In this Order —
“the Authority” means the North West Lancashire Health Authority;
“the Trust” means the Blackpool, Wyre and Fylde Community Health Services 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 20th September 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 19th December 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
22nd November 1994


type: legislation

jurisdiction: UK

text:
PART 1
GENERAL
Citation and Commencement
1
These Regulations may be cited as the Education (Grant-maintained Special Schools) Regulations 1994 and shall come into force on 1st April 1994.
Interpretation and general modification
2
1
In these Regulations, except where the context otherwise requires —
“hospital special school” means a maintained special school established in a hospital;
“maintained special school” means a special school maintained by a local education authority;
“relevant particulars”, in relation to a proposed initial governor means —
his name and address
whether he is to be a parent, teacher or first governor,
if he is to be a parent or teacher governor, the term of office that applies in his case under paragraph 10 of Schedule 5 to the 1993 Act ; and
if he is to be a first governor, the term of office proposed for him in accordance with that paragraph;
“special school” means a school which is specially organised to make special educational provision for pupils with special educational needs (within the meaning of section 156(1) of the 1993 Act) and is for the time being approved by the Secretary of State under section 188 of the 1993 Act;
“the 1993 Act” means the Education Act 1993.
2
In those provisions of the 1993 Act and other enactments which are applied by these regulations, references to the acquisition of grant-maintained status shall have effect as references to becoming a grant-maintained special school and references to eligibility for and seeking such status shall have effect as references to eligibility to become such a school and applying to become such a school.
PART 2
PROCEDURE FOR BECOMING A GRANT-MAINTAINED SPECIAL SCHOOL
Special schools eligible to become grant-maintained special schools
3
1
Subject to paragraph (2) below, any maintained special school (including a hospital special school) is eligible to become a grant-maintained special school.
2
A maintained special school is not eligible to become a grant-maintained special school if —
a
the local education authority have served notice of proposals to cease to maintain the school under section 14(2) of the Education Act 1981 or section 183(2) of the 1993 Act and those proposals have been approved by the Secretary of State with or without modifications; or
b
the school does not have a delegated budget.
3
For the purpose of this regulation a school has a delegated budget if the local education authority have for the time being delegated to its governing body the management of the school’s budget share for any financial year in pursuance of a scheme made by the authority under section 33 of the Education Reform Act 1988 , pursuant to regulations under section 43 of that Act.
Becoming a grant-maintained special school: duty of governing body and initiation of procedure
4
1
section 24 of the 1993 Act shall apply in relation to maintained special schools eligible to become grant-maintained special schools as it applies to other schools which are eligible for grant-maintained status, subject to the modification that for subsection (1) of that section there shall be substituted —
1
This section applies, with effect from 1st September 1994, to all maintained special schools in England which are eligible to become grant-maintained special schools.
2
In the case of a hospital special school section 24 of the 1993 Act shall apply with the following further modifications —
a
In subsections (2) and (4)(b), the words “whether to hold a ballot of parents on the question of” shall be omitted.
b
Subsection (3) shall be omitted.
c
In subsection (4)(a), for the words “to hold a ballot of parents in pursuance of subsection (2) above” there shall be substituted “application should be made for the school to become a grant-maintained special school”; and for the words “not to hold a ballot” there shall be substituted the words “not to make such an application”.
3
Sections 25 to 31 of the 1993 Act shall apply in relation to maintained special schools eligible to become grant-maintained special schools as they apply to other schools which are eligible for grant-maintained status but subject, in the case of hospital special schools, to the following modifications —
a
Where the governing body of a hospital special school which is eligible to become a grant-maintained special school decide by a resolution passed at a meeting of that body to apply for the school to become a grant-maintained special school, they shall give notice in writing of their decision to the local education authority; and subsection (2) of section 25 shall apply to that notice as it applies to notice under section 25(1)(b).
b
Sections 26 to 31 of the 1993 Act shall not apply.
4
Section 25 of the 1993 Act shall apply in relation to a maintained special school eligible to become a grant-maintained special school as if there were added at the end of that section the following subsection —
4
A meeting of the governing body of a maintained special school shall not consider whether a ballot of parents should be held on the question of whether the school should seek to become a grant-maintained special school or, where the school is established in a hospital, whether an application should be made for the school to become such a school, unless consideration of that question is a specific item of business on the agenda for the meeting, of which at least seven clear days notice shall have been given; and any such question shall only be determined by way of a vote involving the marking in secret of a voting paper by each member present and voting.
Publication of Proposals
5
Section 32 of and Part I of Schedule 3 to the 1993 Act shall apply in relation to maintained special schools eligible to become grant-maintained special schools as they apply to other schools which are eligible for grant-maintained status, subject to the modifications made by regulation 2(2) and to the following modifications —
1
For Section 32(1), in its application to hospital special schools, there shall be substituted —
Subsection (2) below applies where the governing body have passed a resolution in favour of applying for the school to become a grant-maintained special school
.
2
In section 32(2), in its application to hospital special schools, for the words “the date on which the result of the ballot is determined”, there shall be substituted “the date on which the resolution is passed”; and for the words “for acquisition of grant-maintained status for the school” there shall be substituted the words “for the school to become a grant-maintained special school”.
3
In Schedule 3: —
a
For sub-paragraphs 1(1)(a) and (b) in their application to hospital special schools, there shall be substituted —
a
posted in at least one conspicuous place —
i
within the hospital and
ii
within the area served by the school, and
.
b
In sub-paragraph 1(2), for the words “of publication of the proposals” there shall be substituted “on which all the requirements of paragraph 1(1) have been satisfied”.
c
In sub-paragraph 1(3)(a), for the words “acquisition of grant-maintained status” there shall be substituted the words “the school to become a grant-maintained special school”.
d
In sub-paragraph 1(3)(d), for the words “Part II” there shall be substituted the words “section 186(3)”.
e
Sub-paragraph 1(3)(e) shall be omitted.
f
Sub-paragraph 2(1)(a) shall not apply in relation to hospital special schools.
g
Sub-paragraphs 2(1)(b) 2(2) shall be omitted; and for sub-paragraph 2(1)(e) there shall be substituted —
e
describe the type of special educational provision which is currently made in the school
.
h
In paragraph 3 —
i
In item (a), for the words “Part II of” there shall be substituted the words “Schedule 11 to”.
ii
In items (a) and (b), for the words “grant-maintained school” there shall be substituted the words “grant-maintained special school”.
iii
For item (c) there shall be substituted
c
explain the circumstances in which a person named in the proposals as a proposed initial governor may be replaced,
.
iv
Item (g) shall be omitted.
i
In paragraph 4 —
i
In sub-paragraph (1)(a), the words after “of that person” shall be omitted.
ii
In sub-paragraph (1)(b) the words “or as the case may be, foundation” shall be omitted and for “(in accordance with sections 60 to 65 of this Act)” there shall be substituted “(in accordance with Schedule 11 to this Act)”.
iii
In sub-paragraph (1)(d) the words “or regulations made by virtue of section 77 of this Act” shall be omitted.
iv
Sub-paragraph (1)(e) shall be omitted.
v
In sub-paragraph (2) for the words “grant-maintained school” there shall be substituted the words “grant-maintained special school”; and at the end of sub-paragraph (a) there shall be inserted the words “explaining that admission will normally be reserved for children for whom statements are maintained under section 168 of this Act ”.
j
In paragraph 5, for the words “the date of publication of any proposals under section 32 of this Act” there shall be substituted “the date on which all the requirements of paragraph 1(1) above for the publication of proposals under section 32 of this Act have been satisfied”; and in item (a) the words “for the area” shall be omitted.
Approval, modification and implementation of proposals and incorporation of governing body
6
1
Sections 33 and 34 of the 1993 Act shall apply to proposals published under section 32 of that Act as applied by these regulations as they apply to proposals published under section 32, subject to the modifications made by regulation 2(2) and by paragraphs (3) and (4) below.
2
Section 184(5) of the 1993 Act shall apply in relation to proposals approved under section 33 as so applied as it does in relation to proposals required to be implemented under section 183 of that Act so as to enable the Secretary of State to modify such proposals at the request of the new governing body.
3
In its application to hospital special schools the modification in section 33(4)(a) shall have effect in relation to the period of four months beginning with the date on which the governing body’s resolution is passed.
4
In section 34(3), for the words “as a county or voluntary school” in sub-paragraph (a) there shall be substituted “as a special school” and sub-paragraph (b) shall be omitted.
Exercise of power proposed date of implementation
7
1
Section 35 of and Schedule 4 to the 1993 Act shall apply where proposals are approved under section 33 of that Act as applied by these regulations as they apply where proposals are approved under section 33, subject to the following modifications.
2
Paragraph 2(b) of Schedule 4 shall apply in relation to hospital special schools with the substitution of the words “property other than land” for the words “land and other property”.
3
In paragraph 5(1) of Schedule 4 for the words “transition to grant-maintained status” there shall be substituted the words “becoming a grant-maintained special school”.
Expenses in connection with proposals to become a grant-maintained special school
8
Section 36 of the 1993 Act shall apply in relation to the exercise by a governing body of their functions under Chapter II of Part II of the 1993 Act as applied by these regulations.
PART 3
PROPERTY, STAFF AND CONTRACTS
Transfer of property etc
9
Section 38 of the 1993 Act shall apply in relation to a maintained special school in relation to which proposals for the school to become a grant-maintained special school are approved as it applies in relation to any school in relation to which proposals for acquisition of grant-maintained status are approved, subject to the modification that, in the case of a hospital special school, the words “used or” in subsection (2)(a) shall be omitted.
Transfer of staff
10
1
Subsections (2) to (4) and (6) to (9) of section 39 of the 1993 Act shall apply to any maintained special school where proposals for the school to become a grant-maintained special school have been approved in relation to the school; and, subject to subsection (3) of that section, apply to any person who, immediately before the date of implementation of the proposals —
a
is employed by the local education authority to work solely at the school, or
b
is employed by the local education authority to work at the school and is designated for the purposes of section 34 by an order made by the Secretary of State.
2
In subsections (6) and (7) of section 39 as so applied, “former employer” means the local education authority; and for the words “grant-maintained school” there shall be substituted the words “grant-maintained special school.”
Effect of pending procedure for acquisition of grant-maintained status on property disposals etc.
“Pending” procedure for becoming a grant-maintained special school
11
1
Subject to paragraph (2) below and to the modifications made by regulation 2(2), sections 40 to 46 of the 1993 Act shall apply in relation to a grant-maintained special school as they apply in relation to other schools.
2
Section 40 shall apply in relation, to a hospital special school with the following modifications —
a
For subsection (2) there shall be substituted —
2
For these purposes, that procedure is to be regarded as initiated in relation to a hospital special school on receipt by the local education authority of notice of a meeting of the governing body at which a motion for a resolution to apply for the school to become a grant maintained special school is to to be considered.
b
For subsection (3) the shall be substituted —
3
For these purposes that procedure, as initiated on any occasion, is to be regarded as terminated —
a
if —
i
the meeting is not held, or
ii
the meeting is held but the motion is not moved or, though the resolution is moved, the resolution is not passed,
b
if proposals which are required to be published under section 32 of this Act, or any proposals required in substitution for those proposals, are rejected by the Secretary of State or are withdrawn, or
c
on the date of implementation of such proposals.
c
Subsection (4) shall be omitted.
d
In subsection (5), the words “by reference to the result of a ballot” and “without a further ballot” shall be omitted.
e
In subsection (6), for “subsection (3)(c)” there shall be substituted “subsection (3)(b)”.
PART 4
ESTABLISHMENT OF NEW GRANT-MAINTAINED SPECIAL SCHOOLS
Service of notice of proposals
12
Where the funding authority intend to establish a grant-maintained special school under section 183(1) of the 1993 Act, the notice of their proposals required by section 183(3)(a) and (6) to be served on the Secretary of State shall also be served on —
1
the local education authority in whose area the school is to be established;
2
any local education authority whose area adjoins the area of that authority; and
3
if the proposals will affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies, the appropriate further education funding council (as defined in section 1(6) of that Act).
Information to be given
13
The notice referred to in regulation 12 shall give the following information —
1
the number of initial governors proposed for the governing body, being such number as will secure that they out number the other governors;
2
the number of parent and teacher governors proposed for the governing body being, in the case of parent governors for a primary school not less than three nor more than five and for a secondary school five, and in the case of teacher governors, being either one or two;
3
the proposed term of office for the initial first governors (not being less than five nor more than seven years) and for the initial parent and teacher governors (being a period which expires no later than the end of the school’s first term);
4
the name under which it is proposed that the governing body should be incorporated under section 183(8) of the 1993 Act;
5
the proposed incorporation date and the proposed date of implementation of the proposals;
6
a brief description of the size and intended character of the school, and of the type of special educational provision which it is proposed should be made at the school;
7
the name and address of a person from whom further information regarding the proposals may be obtained, and
8
an explanation of the procedure for submitting objections to the proposals under section 184(2) of the 1993 Act, including the period within which such objections are to be submitted and the name and address of the person to whom they are to be submitted.
Exercise of powers and payment of grant before proposed date of implementation
14
1
Section 53(1) of the 1993 Act shall apply, where such proposals have been approved under section 184(4) of that Act, to require the powers conferred on the governing body by these regulations or by or under that Act to be exercised, until the date of implementation of the proposals, only for the purpose of or in connection with the conduct of the school on or after that date.
2
Where proposals have been so approved, subsections (4) to (7) of section 53 of the 1993 Act shall apply with the following modifications —
a
in subsection (4), for the words “or adopted under section 51” there shall be substituted the words “under section 184(4)”;
b
in subsection (5), the words “(2) or” shall be omitted;
c
in subsection (7)(b), the words “premises or” shall be omitted.
Initial governors for new grant-maintained special schools
15
Section 78 of the 1993 Act shall apply in relation to any governing body incorporated under section 183(8) of that Act as it applies to a governing body incorporated under Chapter IV of that Act.
PART 5
GOVERNMENT, CONDUCT ETC OF GRANT-MAINTAINED SPECIAL SCHOOLS
Powers of governing body
16
Section 68 of the 1993 Act, applied to grant-maintained special schools by paragraph 12 of Schedule 11 to that Act, shall have effect in relation to the governing body of a grant-maintained special school subject, in the case of a grant-maintained special school established in a hospital, to the following modifications —
1
in subsection (5)(c), for the words “land and other property” there shall be substituted the words “property other than land”
2
in subsection (5)(f), the word “land” shall be omitted; and
3
subsection (7) shall be omitted.
Joint Schemes
17
Sections 69 and 70 of the 1993 Act shall apply to grant-maintained special schools as they do to grant-maintained schools to the intent that one or more grant-maintained special schools may enter into a joint scheme with one or more grant-maintained schools or grant-maintained special schools.
Determination and replacement of initial governors
18
Sections 71 to 76 of the 1993 Act shall apply in relation to proposals for a maintained special school to become a grant-maintained special school as they apply in relation to other proposals published or required to be published under section 32 of that Act, subject to the following modifications —
1
In section 73 —
a
in subsection (1), there shall be inserted after the words “county school” the words “or maintained special school”;
b
subsections (2) and (7) to (9) shall be omitted; and
c
in subsections (3) and (4), the references to subsection (2) shall be omitted.
2
In section 75 —
a
in subsection (1), there shall be inserted after the words “county school” the words “or maintained special school”
b
subsections (2) and (3) shall be omitted; and
c
in subsection (4) the reference to subsection (2) shall be omitted.
Saving for defects and interpretation of sections 68 to 79 of the 1993 Act
19
Sections 79 and 80 of the 1993 Act shall apply in relation to grant-maintained special schools and their government and conduct subject to the modifications made by regulation 2(2).
Power to make and deal with proposals in the case of a maintained special school eligible to become a grant-maintained special school
20
Section 273 of the 1993 Act shall apply in relation to proposals for the alteration and discontinuance of a maintained special school made under section 183(2) of that Act subject to the modifications made by regulation 2(2) and the following modifications —
1
In subsection (1), for the reference to section 12(1)(c) or (d) of the Education Act 1980 there shall be substituted a reference to section 183(2)(b) or (c) of the 1993 Act.
2
In subsection (2), for the reference to the publication of proposals under section 12 or 13 of the Act of 1980 there shall be substituted a reference to the service of notice of proposals under section 183(6) of the 1993 Act; and the words following “have been approved” shall be omitted.
3
In subsection (3), for the references in paragraphs (a) and (b) to the first publication of proposals under section 12 or 13 of the Act of 1980 there shall be substituted references to the service of notices of proposals under section 183(6) of the 1993 Act; and the reference to the publication of proposals under section 272 of the 1993 Act shall be omitted.
4
In subsection (4), paragraph (a) shall be omitted and, in paragraph (b), for the references to proposals under section 12 or 13 of the Act of 1980 or section 272 of the 1993 Act there shall be substituted references to proposals under section 183(2) of the 1993 Act.
5
In subsection (5), for paragraphs (a) to (c) there shall be substituted —
where there are proposals under section 1 83(2)(b) of this Act and the governing body incorporated under section 34 of this Act give their consent, he may approve them but shall otherwise reject them
.
6
For subsection (6) there shall be substituted —
6
If in any case where subsection (5) above applies proposals under section 183(2)(b) are approved, the proposals shall be treated for the purposes of Part III of this Act as if they had been approved under section 184(4) of this Act; and section 185 of this Act shall apply accordingly.
7
Subsection (7) shall be omitted.
Governing bodies
21
Schedule 5 to the 1993 Act shall apply to the governing bodies of grant-maintained special schools subject to the modifications made by regulation 2(2) and the following modifications —
1
In paragraph 1, in the definition of “school”, for the words “grant-maintained school” there shall be substituted the words “grant-maintained special school”.
2
In paragraph 6 —
a
for subparagraph (1)(a) there shall be substituted
a
first governors, and
;
b
in subparagraph (3)(a), the words “subject to paragraph (b) below” shall be omitted and for the words “grant-maintained school” there shall be substituted-the words “grant-maintained special school”;
c
subparagraph (3)(b) shall be omitted;
d
in paragraph (4), the words “or foundation” shall be omitted.
3
In paragraph 9(1) the words “any foundation governor (other than one holding office ex officio) and” and paragraph 9(2) shall be omitted.
4
In paragraph 10(3) the words “initial foundation governor (other than a foundation governor who is a governor ex officio)” shall be omitted, and for the words “grant-maintained school” shall be substituted the words “grant-maintained special school”.
5
In paragraph 12, for the words “Chapter V” and “that Chapter” there shall be substituted the words “Schedule 11” and “that Schedule” respectively.
Content of articles of government
22
Schedule 6 to the 1993 Act shall apply in relation to grant-maintained special schools as it applies in relation to grant-maintained schools, subject to the following modifications —
1
In paragraph 1, in the definition of “school”, for the words “grant-maintained school” there shall be substituted the words “grant-maintained special school”.
2
Paragraph 4 shall be omitted.
3
In paragraph 5(1) the words “admissions of pupils to the school or” shall be omitted; and in paragraph 5(2) there shall be substituted for the words “grant-maintained schools” the words “grant-maintained special schools”.
4
In paragraph 6, item (a) shall be omitted and in item (b) for the words “the admission of pupils to the school” there shall be substituted the words “the permanent exclusion of pupils from the school”.
Funding
23
Sections 81 to 95 of the 1993 Act shall apply to grant-maintained special schools and their governing bodies as they apply to grant-maintained schools and their governing bodies subject to the modification that, in section 85(5), paragraphs (a) and (b) and in paragraph (c) the words “in any other case” shall be omitted.
PART 6
ALTERATION AND DISCONTINUANCE OF GRANT-MAINTAINED SPECIAL SCHOOLS
Alterations for which notice mst be served
24
The following are prescribed as alterations of a grant-maintained special school for which notice of proposals must be served under section 183(6) of the 1993 Act —
1
any change in the number, age range or sex of the day or boarding pupils for which the school makes provision;
2
any change in the type of special educational needs for which the school makes provision or the type of special educational provision made by the school;
3
any significant enlargement of the premises of the school;
4
any transfer of the school to a new site unless at the time of transfer the school is intended to return to the existing site within three years.
Confirmation of decision
25
Section 96(8) of the 1993 Act (which requires a decision of a governing body that will result in proposals for alteration to their school to be confirmed at a second meeting) shall apply to the governing body of a grant-maintained special school with the substitution for the words “under this section” of the words “under section 183(4) of this Act”.
Service of notice of proposals
26
Where the funding authority are required to serve notice of their proposals to establish, alter or discontinue a grant-maintained special school under section 183(6) of the 1993 Act, or the governing body of such a school are required to serve notice of their proposals to alter or discontinue their school, they shall, in addition to serving notice on the Secretary of State, serve notice on —
a
the local education authority in whose area the school is or is proposed to be situated and, in the case of a transfer of the school to a new site in the area of another local education authority, that authority;
b
every local education authority whose area adjoins the area of a local education authority mentioned in subparagraph (a);
c
if the proposals will affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies, the appropriate further education funding council (as defined in section 1(6) of that Act);
d
where the proposals are to alter or discontinue a grant-maintained special school, the governing body of the school (where the notice is served by the funding authority) and every local education authority (in addition to those prescribed above) who maintain a statement under section 168 of the 1993 Act in respect of a registered pupil at the school;
e
the governing body of every grant-maintained special school in the area of the local education authority in whose area the school is (and, in the case of a new school or a transfer to a new site is proposed to be) situated;
f
where the proposals are to discontinue a grant-maintained special school, every parent of a registered pupil at the school; and
g
where the notice is served by a governing body, the funding authority.
Information to be given in notice
27
Every notice served under section 183(6) of the 1993 Act shall give the following information —
a
the numbers, age group, sex and special educational needs of the pupils (distinguishing boarding and day pupils) for whom provision is currently made or, in the case of a proposed school, is proposed;
b
the special educational provision currently made or, in the case of a proposed school, proposed;
c
particulars of any alteration proposed, including particulars and location of any new site to which it is proposed to transfer the school;
d
the proposed date of implementation of the proposals, if approved;
e
the name and address of a person from whom further information regarding the proposals may be obtained;
f
an explanation of the procedure for submitting objections to the proposals under section 184(2) of the 1993 Act, including the period within which such objections are to be submitted and the name and address of the person to whom they are to be submitted;
g
the name of the body by whom the notice is served and the date on which it is given.
Proposals for alteration approved before school becomes grant-maintained
28
Section 102 of the 1993 Act (which provides for the case where proposals published by a local education authority for the alteration of a school which acquires grant-maintained status have been approved but not implemented before the incorporation date) shall apply to a maintained special school which becomes a grant-maintained special school with the following modifications —
1
For subsection (1)(a), there shall be substituted —
a
proposals for a prescribed alteration of a maintained special school have been approved under section 184 of this Act, and
.
2
In subsection (1)(b), for the words “grant-maintained school” there shall be substituted the words “grant-maintained special school”.
3
For subsection (2), there shall be substituted —
2
The proposals —
a
shall be treated for the purposes of Part III of the Education Act 1993 as if notice of them had been given under section 183(6) and they had been approved under section 184 of that Act, and
b
shall be implemented in accordance with any particulars approved under section 185 of that Act
4
Subsection (3) shall be omitted.
Approval and adoption of proposals by funding authority
29
Where notice of proposals for alteration to a grant-maintained special school has been served by the funding authority pursuant to section 183(3)(b) of the 1993 Act, subsections (2), (4) and (5) of section 98 of the 1993 Act shall apply in relation to those proposals as they do to proposals published under section 97 of that Act, subject to the modification that, in section 98(2)(b), there shall be substituted for the reference to subsection (7) of section 97 a reference to subsection (2) of section 184.
Discontinuance
30
Section 104 of the l993 Act shall apply where the governing body of a grant-maintained special school intend to discontinue the school as it does to the governing body of a grant-maintained school, subject to the following modifications —
1
In subsection (1), for references to publishing proposals under section 104, there shall be substituted references to serving notice of proposals under section 183(6) of that Act.
2
In subsection (4), for the word “publish” there shall be substituted the words “serve notice of their”; and the words following “school” shall be omitted.
3
In subsections (5) and (6), the word “published” shall be omitted; and in subsection (6)(b) for the words “subsection (7) below” there shall be substituted “section 184(2) of this Act”.
4
Subsection (7) shall be omitted.
Accompanying statement
31
Section 105(5) of the 1993 Act shall apply to proposals of which notice is given pursuant to section 183(3)(c) of that Act as they do to proposals published under section 104, subject to the modification that, for the reference to subsection (6) of section 105 there shall be substituted a reference to subsection (2) of section 184.
Approval and adoption of proposals by funding authority
32
Where notice of proposals to discontinue a grant-maintained special school has been served by the funding authority pursuant to section 183(3)(c) of the 1993 Act, subsections (2), (5) and (6) of section 106 of the 1993 Act shall apply in relation to those proposals as they do in relation to proposals published under section 105 of that Act, subject to the modification that, in subsection 106(2)(b), there shall be substituted for the reference to subsection (6) of section 105 a reference to subsection (2) of section 184.
Withdrawal of grant, winding up and disposal of property
33
Sections 109 to 116 of the 1993 Act shall apply in relation to grant-maintained special schools as they do in relation to grant-maintained schools subject to the modifications made by regulation 2(2) and to the following modifications —
1
In section 111 —
a
for the reference in subsection (1)(a) to section 106 there shall be substituted a reference to section 184 or section 106 as modified by regulation 33;
b
in its application to a grant-maintained special school established in a hospital, subsection (4)(a) shall be omitted, and in subsection (4)(c) the words “(other than land)” shall be inserted after “property”; and
c
subsection (7) shall be omitted.
2
In section 115, subsection (4) to (6) shall be omitted.
PART 7
MISCELLANEOUS
Provision of further education in grant-maintained special schools
34
Section 128 of the 1993 Act shall apply to the governing body of a grant-maintained special school as it applies to the governing body of a grant-maintained school.
Provision of benefits and services by local education authority
35
Section 129 of the 1993 Act shall apply in relation to pupils and other persons receiving education at grant-maintained special schools as it does in relation to those at grant-maintained schools.
Disposal of premises
36
Sections 131, 132, 134(1) and 135 of the 1993 Act shall apply in relation to grant-maintained special schools (other than such schools established in a hospital) and the premises of such schools as they do in relation to grant-maintained schools and their premises subject to the following modifications —
1
In section 131(1)(b) the words “or any trustees of the school” and, in the words which follow, the words “or (as the case may be) the trustees or their successors” shall be omitted.
2
In section 135, subsection (2) and, in subsections (3) and (4), the words “or trustees” wherever they occur shall be omitted.
Modification of instruments
37
Section 136 of the 1993 Act shall apply in relation to grant-maintained special schools as it does in relation to grant-maintained schools, subject to the modifications made by regulation 2(2).
Religious opinions etc.of staff
38
Section 143(2) to (4) of the 1993 Act shall apply in relation to a grant-maintained special school.
Supplementary
39
Sections 152 and 154 of the 1993 Act (manner of giving notification to governing body and inspection of accounts and reports to Parliament) shall apply in relation to grant-maintained special schools and their governing bodies as they apply in relation to grant-maintained school1s and their governing bodies.
Policy on sex education
40
In relation to pupils who are provided with secondary education at a grant-maintained special school, section 241(5) of the 1993 Act shall apply in relation to the governing body of such a school as it applies in relation to the governing body of a grant-maintained school.
Functions of the School Curriculum and Assessment Authority
41
Section 245 of the 1993 Act shall apply in relation to a grant-maintained special school which is not established in a hospital as it applies in relation to a grant-maintained school.
Application of other enactments
42
1
The enactments mentioned in the Schedule to these Regulations shall have effect in relation to grant-maintained special schools and the governing bodies of such schools as they have effect in relation to grant-maintained schools and their governing bodies with the modifications made by that Schedule.
2
For the purposes of the Education (School Premises) Regulations 1981 a grant-maintained special school shall be regarded as a special school, save that regulation 3(3) of those Regulations shall apply in relation to a grant-maintained special school as it does in relation to a grant-maintained school.
3
For the purposes of the School Teachers' Pay and Conditions Document 1993 , given effect by the Education (School Teachers' Pay and Conditions) (No.2) Order 1993 , references in that Document to a grant-maintained school shall include a grant-maintained special school; and such a school shall be regarded as a special school for the purposes of that Document.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Devon and Exeter Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 23rd March 1994.
2
In this Order —
“the Authority” means the Exeter and North Devon Health Authority;
“the Trust” means the Royal Devon and Exeter Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 15th July 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 23rd March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
1st March 1994


text:
Title and commencement
1
These Regulations may be cited as the Feeding Stuffs (Amendment) (No. 2) Regulations 1994 and shall come into force on the following dates:
a
regulations 1 — 3, 4(1)(b), (2), (3) and the Schedules on 1st October 1994;
b
the remainder on 1st January 1995.
Amendment of the Feeding Stuffs Regulations 1991
2
The Feeding Stuffs Regulations 1991 shall be further amended in accordance with regulations 3 and 4 below.
3
In regulation 13 —
a
for paragraph (1) there shall be substituted the following paragraph:
1
No person shall sell, or have in possession with a view to sale for use as a feeding stuff, or use as a feeding stuff, any material containing any additive, or sell, or have in possession with a view to sale for incorporation in a feeding stuff, any additive unless —
a
where the additive is contained in any material, the material complies with the relevant provisions of Schedule 4;
b
where the additive is not so contained, it is referred to in the Table to Schedule 4; or
c
the additive, whether or not contained in any material or in a preparation is —
i
an enzyme (other than of a type referred to in Part X of that Table); or
ii
a micro-organism.
;
b
after paragraph (1) there shall be inserted the following paragraphs:
1A
No person shall —
a
sell, or have in possession with a view to sale for use as a feeding stuff, or use as a feeding stuff, any material containing any additive which is an enzyme (other than of a type referred to in Part X of the Table to Schedule 4) or a micro-organism, whether or not the enzyme or micro-organism is contained in a preparation, or
b
sell, or have in possession with a view to sale, for incorporation in a feeding stuff, any such enzyme or micro-organism,
unless, in accordance with Article 3(a) of Council Directive 93/113/ EC , and before 15th October 1994 —
i
an identification note in the form contained in Annex II to that Directive, relating to the enzyme, micro-organism or preparation in question, and prepared by the person responsible for selling or otherwise supplying the same, has been received by the Minister of Agriculture, Fisheries and Food; and
ii
the enzyme or, as the case may be, micro-organism or preparation, is included in the list of authorised products referred to in that Article.
1B
No person shall, on or after 1st December 1995 —
a
sell, or have in possession with a view to sale for use as a feeding stuff, or use as a feeding stuff, any material containing any additive which is an enzyme (other than of a type referred to in Part X of the Table to Schedule 4) or a micro-organism, whether or not the enzyme or micro-organism is contained in a preparation, or
b
sell, or have in possession with a view to sale for incorporation in a feeding stuff, any such enzyme or micro-organism,
unless, in accordance with Article 3(b) of Council Directive 93/113/EC , and before that date, a dossier relating to the enzyme, micro-organism or preparation in question, and prepared by the person who requested its inclusion in the list of authorised products referred to in paragraph (1A)(b)(ii) above, has been received by the Minister of Agriculture, Fisheries and Food.
;
c
in paragraph (2), for the words “Paragraph (1)” their shall be substituted the words “Paragraphs (1) — (1B)”.
4
1
In Part I of Schedule 1 (“CONTENTS OF THE STATUTORY STATEMENT”) —
a
in paragraph 2 —
i
after sub-paragraph (1)(d) there shall be inserted the following provisions:
e
enzymes of a type referred to in Part X of the Table to Schedule 4 —
i
the names of the active constituents according to their enzymatic activities specified in column 3 of that Part;
ii
the identification number allotted by the International Union of Biochemistry;
iii
the activity units (expressed as activity units per kilogram or activity units per litre);
iv
an indication of the period during which the activity units will remain present; and
v
an indication of any significant characteristics of the enzyme arising during manufacture, specified in column 8 of that Part;
f
enzymes not of a type referred to in Part X of the Table to Schedule 4, where the material is a compound feeding stuff —
i
the names of the active constituents according to their enzymatic activities;
ii
the identification number allotted by the International Union of Biochemistry;
iii
the activity units (expressed as activity units per kilogram or activity units per litre) if such units can be measured by an official or scientifically valid method; and
iv
an indication of the period during which the activity units will remain present;
g
micro-organisms, where the material is a compound feeding stuff —
i
the identification of the strain(s) according to a recognised international code of nomenclature;
ii
the deposit number of the strain(s);
iii
the number of colony-forming units (expressed as CFU/ kg ) if the number is measurable by an official or scientifically valid method;
iv
an indication of the period during which the colony-forming units will remain present; and
v
an indication of any significant characteristics of the micro-organism arising during manufacture.
;
ii
for sub-paragraph (2)(c) there shall be substituted the following sub- paragraph:
c
any other added substance (other than an enzyme of a type not referred to in Part X of the Table to Schedule 4 or a micro-organism) its EEC number or its trade name.
;
iii
in sub-paragraph (5), after the word “accompanied” there shall be added the words “(other than in the case of an enzyme of a type not referred to in Part X of the Table to Schedule 4 or a micro-organism)”;
b
in paragraph 7 —
i
after sub-paragraph (1)(b) there shall be added the following sub-paragraph:
c
If the feeding stuff is constituted from no more than three ingredients, and clearly described by reference to its ingredients either in the statutory statement or elsewhere on its package, label or container, the declarations specified in (b) above shall not be required.
;
ii
sub-paragraph (2)(c) shall be deleted.
2
In Schedule 4 (“PERMITTED ADDITIVES AND PROVISIONS RELATING TO THEIR USE”) —
a
after paragraph 11 there shall be added the following provisions:
12
No material shall contain —
a
any added enzyme, other than one named or described in column 2 of Part X; or
b
any added enzyme named or described in column 2 of that Part unless —
i
the material is for a species or category of animal listed opposite the enzyme in question in column 4 of that Part and the animal concerned is of an age no greater than that (if any) specified in column 5 of that Part;
ii
taking into account any such enzyme which is naturally present, the content of the enzyme is not less than the minimum (if any) specified in column 6 of that Part, and does not exceed the maximum (if any) specified in column 7 of that Part; and
iii
the material is to be used in accordance with the conditions (if any) laid down in column 8 of that Part.
;
b
for Part II (“PERMITTED COLOURANTS”), there shall be substituted the contents of Schedule 1 to these Regulations;
c
in Chapter B of Part III (“PERMITTED EMULSIFIERS, STABILISERS, THICKENERS AND GELLING AGENTS”), there shall be inserted at the beginning, in columns 1 — 3 and 5, the following provisions:
E418 Gellan gum (Polytetrasaccharide containing glucose, glucuronic acid and rhamnose (2:1:1) produced by Pseudomonas elodea (ATCC31466)) Dogs, Cats — Canned feeding stuffs only
d
in Chapter B of Part IV (“PERMITTED BINDERS, ANTI-CAKING AGENTS AND COAGULANTS”), there shall be added at the end the following provisions:
2 Natrolit e — phonolite (Natural mixture of aluminium silicates, alkalines and alkaline — earth and aluminium hydrosilicates, natrolite (43% — 46%) and feldspar) All species of animals 25000 All feeding stuffs
e
in Part IX (“PERMITTED ACIDITY REGULATORS FOR PET FOODS FOR DOGS AND CATS”), after the provisions relating to Sodium hydroxide there shall be added the following provisions:
E525 Potassium hydroxide E526 Calcium hydroxide
f
after Part IX there shall be added the contents of Schedule 2 to these Regulations.
3
In Chapter A of Part I of Schedule 5 (“FEEDING STUFFS”), for the provisions relating to complete feeding stuffs in columns 2 and 3, opposite the reference in column 1 to the substance Arsenic, there shall be substituted the following provisions:
Complete feeding stuffs except: 2 — complete feeding stuffs for fish 4
4
In Part I of Schedule 8 (“ADDITIVES”) —
a
for paragraph 1(a) there shall be substituted the following sub-paragraph:
a
in the case of any additive referred to in the Table to Schedule 4 (other than an enzyme):
i
the name of the additive;
ii
the name or business name and the address or registered business address of the person responsible within the European Economic Community for the particulars referred to in this Part of this Schedule;
iii
the net weight of any non-liquid additive; and
iv
either the net weight or the net volume of any liquid additive.
;
b
for paragraph 1(d) there shall be substituted the following sub-paragraph:
d
in the case of any trace element, colourant (including pigment), preservative or other additive referred to in the Table to Schedule 4 not specified above (other than an enzyme), the active substance level.
;
c
after paragraph 1(d) there shall be added the following sub-paragraphs:
e
in the case of any enzyme (whether or not contained in a preparation where the enzyme is not of a type referred to in Part X of the Table to Schedule 4):
i
the names of the active constituents according to their enzymatic activities (in the case of an enzyme of a type referred to in Part X of the Table to Schedule 4, as specified in column 3 of that Part);
ii
the identification number allotted by the International Union of Biochemistry;
iii
the name or business name and the address or registered place of business of the person responsible for the particulars referred to in this sub-paragraph;
iv
the name or business name and the address or registered place of business of the manufacturer if he is not responsible for the particulars in the label or mark;
v
the activity units (expressed as activity units per gram or activity units per millilitre);
vi
an indication of the period during which the activity units will remain present;
vii
the batch reference number and the date of manufacture;
viii
directions for use, including any safety recommendation (in the case of an enzyme of a type referred to in Part X of the Table to Schedule 4, as specified in column 3 of that Part);
ix
the net weight of any non-liquid additive;
x
either the net weight or the net volume of any liquid additive; and
xi
in the case of an enzyme of a type referred to in Part X of the Table to Schedule 4, an indication of any significant characteristics of the enzyme arising during manufacture specified in column 8 of that Part;
f
in the case of any micro-organism (whether or not contained in apreparation):
i
the identification of the strain(s) according to a recognised international code of nomenclature;
ii
the deposit number of the strain(s);
iii
the number of colony-forming units (expressed as CFU/g);
iv
the name or business name and address or registered place of business of the person responsible for the particulars referred to in this sub-paragraph;
v
the name or business name and address or registered place of business of the manufacturer if he is not responsible for the particulars in the label or mark;
vi
an indication of the period during which the colony-forming units will remain present;
vii
the batch reference number and the date of manufacture;
viii
directions for use, including any safety recommendation;
ix
the net weight of any non-liquid additive;
x
either the net weight or the net volume of any liquid additive; and
xi
an indication of any significant characteristics of the micro-organism arising during manufacture.
;
d
after paragraph 2(c) there shall be added the following sub-paragraph:
d
any other information, provided that it is clearly separated from the particulars referred to in paragraph 1(a)-(d) above and in the foregoing provisions of this paragraph, and from the relevant particulars referred to in paragraph 1(e) above.
;
e
after paragraph 2 there shall be added the following paragraph:
3
In the case of any enzymes (other than of a type referred to in Part X of the Table to Schedule 4) or micro-organism, whether or not the enzyme or micro-organism is contained in a preparation, the label or mark may give any other information, provided that it is clearly separated from the relevant particulars referred to in paragraph 1(e) and (f) above.
.
5
In Part II of Schedule 8 (“PREMIXTURES”) —
a
in paragraph 1(a), there shall be added at the end the following provisions:
v
the net weight of any non-liquid premixture; and
vi
either the net weight or the net volume of any liquid premixture;
;
b
after paragraph 1(d) there shall be inserted the following sub-paragraphs:
e
in the case of any enzyme in a premixture:
i
the names of the active constituents according to their enzymatic activities (in the case of an enzyme of a type referred to in Part X of the Table to Schedule 4, as specified in column 3 of that Part);
ii
the identification number allotted by the International Union of Biochemistry;
iii
the activity units (expressed as activity units per gram or activity units per millilitre);
iv
an indication of the period during which the activity units will remain present;
v
the name or business name and address or registered place of business of the manufacturer if he is not responsible for the particulars referred to in the label or mark; and
vi
in the case of an enzyme of a type referred to in Part X of the Table to Schedule 4, an indication of any significant characteristics of the enzyme arising during manufacture, specified in column 8 of that Part;
f
in the case of any micro-organism in a premixture:
i
the identification of the strain(s) according to a recognised international code of nomenclature;
ii
the deposit number of the strain(s);
iii
the number of colony-forming units (expressed as CFU/g);
iv
an indication of the period during which the colony-forming units will remain present;
v
the name or business name and address or registered place of business of the manufacturer if he is not responsible for the particulars referred to in the label or mark; and
vi
an indication of any significant characteristics of the microorganism arising during manufacture;
;
c
for paragraph 1(e) there shall be substituted the following sub-paragraph:
g
in the case of any additive in a premixture —
i
which is an additive of a type referred to in the Table to Schedule 4 (other than any additive of a type referred to in sub-paragraphs (b)-(e) above) or an additive of a type referred to in that Table and in those subparagraphs in respect of which no maximum level is laid down,
ii
which fulfils a function in the feeding stuff as such, and
iii
in respect of which the amount which is present in the premixture can be determined by using one of the methods of analysis specified in Schedule 2 to the Feeding Stuffs (Sampling and Analysis) Regulations 1982 , or by some other valid scientific method —
A
the name of the additive, and
B
the active substance level.
.
d
for paragraph 2 there shall be substituted the following paragraph:
2
In relation to any additive referred to in the Table to Schedule 4, the label or mark may give —
a
the trade name of the additive; or
b
its EEC number; or
c
both such trade name and the EEC number; and
d
any other information, provided that it is clearly separated from the particulars referred to in paragraph 1(a)-(d) above and in the foregoing provisions of this paragraph, and from the relevant particulars referred to in paragraph 1(e) above
;
e
after paragraph 2 there shall be added the following paragraph:
2A
In relation to any enzyme (other than of a type referred to in Part X of the Table to Schedule 4) or micro-organism, in a premixture, the label or mark may give any other information provided that it is clearly separated from the relevant particulars referred to in paragraphs 1(a), (e) and (f) above.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
William Waldegrave
Minister of Agriculture, Fisheries and Food
5th September 1994.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
1st September 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
31st August 1994


text:
1
This Order may be cited as the Welsh Principal Councils (Day of Election) Order 1994 and shall come into force on the day following the day on which it is made.
2
The first elections of councillors of the new principal councils in Wales shall be held on 4th May 1995.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
6th November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Cornwall Hospitals 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 Cornwall and Isles of Scilly Health Authority;
“the Trust” means the Royal Cornwall Hospitals 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 15th July 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 and commencement
1
These Regulations may be cited as the Employers' Liability (Compulsory Insurance) General (Amendment) Regulations 1994 and shall come into force on 1st January 1995.
Amendment of the Employers' Liability (Compulsory Insurance) General Regulations 1971
2
For regulation 3 of the Employers' Liability (Compulsory Insurance) General Regulations 1971 , there shall be substituted the following regulation:
Limit of amount of compulsory insurance
3
1
Subject to paragraph (2) below, the amount for which an employer is required by the Act to insure and maintain insurance shall be two million pounds in respect of claims relating to any one or more of his employees arising out of any one occurrence.
2
In the case of a company with subsidiaries, it and its subsidiaries shall be deemed to have satisfied the requirement in respect of the limit of the amount of compulsory insurance prescribed in paragraph (1) above, if it insures and maintains insurance (where required) for itself and on behalf of its subsidiaries for the amount mentioned in that paragraph in respect of claims relating to any one or more of its own employees and to any one or more employees of its subsidiaries arising out of any one occurrence.In this paragraph, the expressions “company”and “subsidiaries” have the same meaning as in section 736 of the Companies Act 1985 .
Signed by order of the Secretary of State.
Phillip Oppenheim
Parliamentary Under Secretary of State,
Department of Employment.
21st December 1994


text:
Citation and commencement
1
This Order may be cited as the Railway Pensions (Transfer and Miscellaneous Provisions) Order 1994 and shall come into force as follows —
a
articles 1 and 3 to 5 on 1st August 1994;
b
articles 2(1) to (10), 6 and 7 on 1st October 1994;
c
article 2(11) on 2nd October 1994.
Transfer of members, assets and liabilities and the winding up of certain existing schemes
2
1
All those persons with pension rights under the BR Pension Scheme (being an existing scheme) who are eligible to be members of the Railways Pension Scheme (being a new scheme) shall be members of the Railways Pension Scheme (“the transferee scheme”) instead of the BR Pension Scheme (“the transferor scheme”); and their pension rights under the transferor scheme shall be transferred so as to become pension rights under the transferee scheme.
2
Subject to the provisions of paragraph (5) of this article, all of the assets held by the trustee of the transferor scheme for the purposes of that scheme shall be transferred so as to be held by the trustee of the transferee scheme for the purposes of that scheme, and any assets held by any other person for the purposes of the transferor scheme, whether on behalf of the trustee of the transferor scheme or otherwise, shall be transferred so as to be held by that person for the purposes of the transferee scheme on behalf of the trustee of the transferee scheme or otherwise, as the case may be.
3
Subject to the provisions of paragraph (5) of this article, any liabilities under or in relation to the transferor scheme of an employer who is participating in that scheme shall be transferred so as to become liabilities of that employer under or in relation to the transferee scheme, to the extent that such liabilities are not transferred by paragraph (2) of this article.
4
Any liabilities of the trustee of the transferor scheme under or in relation to that scheme shall be transferred so as to become liabilities of the trustee of the transferee scheme under or in relation to that scheme, to the extent that such liabilities are not transferred by paragraph (1) or (2) of this article.
5
Paragraphs (2) and (3) of this article shall not transfer any liability of an employer who is participating in the transferor scheme to pay contributions to that scheme in respect of any period after 30th September 1994 so as to become a liability of that employer under or in relation to the transferee scheme or an asset of the transferee scheme.
6
The investment assets (within the meaning of Schedule 1 to this Order) transferred by paragraph (2) of this article shall be allocated to sections of the transferee scheme in accordance with the provisions of Schedule 1 to this Order.
7
The pension rights transferred by this article so as to become pension rights under the transferee scheme shall be allocated to sections of that scheme, and persons with pension rights so transferred shall become members of sections of that scheme, in accordance with the provisions of Schedule 2 to this Order.
8
Subject to the provisions of paragraph (9) of this article, any person who is on 1st October 1994 the employer of a person whose pension rights are transferred by this article shall —
a
participate in the transferee scheme in accordance with the rules of that scheme for such period as he remains the employer of that person and that person remains a participant in that scheme, and
b
pay contributions in respect of that person in accordance with the rules of that scheme.
9
Paragraph (8) of this article shall not impose a duty to participate or pay contributions on the employer of a person where the employer is under a duty under article 3 of the British Transport (Pensions of Employees) ( No. 1) Order 1969 in respect of that person.
10
Where pension rights are transferred by this article, articles 4 (obligation to provide a scheme) and 6 (scheme amendment, transfer and winding up) of the Railway Pensions (Protection and Designation of Schemes) Order 1994 shall have effect as if the assets transferred by paragraph (2) of this article in respect of those pension rights constituted the payment of a transfer value in respect of those rights in accordance with that Order, and accordingly —
a
nothing in article 6(2) to (4) or 7(4) (contributions) of that Order shall require the payment of any sum in respect of that transfer; and
b
article 7(2)(a) of that Order shall have effect as if those pension rights had been transferred in accordance with article 6 of that Order.
11
The transferor scheme shall be treated for all purposes as wound up.
Amendment of the Railway Pensions (Protection and Designation of Schemes) Order 1994
3
The Railway Pensions (Protection and Designation of Schemes) Order 1994 shall be amended as follows —
a
in article 6(6) (winding up) for the words from “the steps set out” to “as the circumstances may require,” there shall be substituted the words “the requirements set out in paragraph (7) or (8), as the case may require, have first been complied with and any steps which are taken for the purpose of winding up such a scheme or part thereof without those requirements having first being complied with”;
b
in article 6(8) (winding up) for the words from “is sufficient” to “pension rights were” there shall be substituted the words “, in the opinion of the scheme actuary of the scheme which is to be wound up, is sufficient to secure relevant pension rights which are no less favourable than that person’s relevant pension rights were immediately before the transfer”;
c
in article 7(4) (contributions) —
i
in sub-paragraph (a) for the words from “the difference” to the end of that sub-paragraph there shall be substituted the words “any part of the transfer value calculated by the scheme actuary under article 6(2) and (3) which is not paid under that article; and”; and
ii
in sub-paragraph (b) for the words from “such part” to the end there shall be substituted the words “any part of any amount required to be paid under sub-paragraph (a) which is not paid.”;
d
in article 9(1) (circumstances in which breaks in continuity of employment are disregarded) —
i
for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
any break in the continuity of employment of a person which consists of a period which begins with the ceasing of employment with an employer (“the former employer”) who was participating in the joint industry scheme and ends with the entering into employment with an associated employer of the former employer who is participating in that scheme, where that period would have been disregarded in determining continuity of employment of the person in question if both before and after that period his employer had been either the former employer or that associated employer
; and
ii
in sub-paragraph (c) from the beginning of that sub-paragraph to the end of sub-paragraph (c)(i) there shall be substituted the following words —
c
any break in the continuity of employment of a person which consists of a period which begins with the ceasing of employment with an employer (“the former employer”) who is engaged in the railway industry and ends with the entering into employment with another employer (“the other employer”) who is engaged in that industry where that period —
i
would have been disregarded in determining the continuity of employment of the person in question if both before and after that period his employer had been either the former employer or the other employer;
; and
e
in article 12(2)(b) (elections) for the words “railway industry” there shall be substituted the words “joint industry scheme”.
Amendment of Existing Schemes
4
Schedule 3 to this Order shall have effect for the purpose of amending the instruments relating to the existing schemes referred to in that Schedule.
Amendment of the Railways Pension Scheme Order 1994
5
Schedule 4 to this Order shall have effect for the purpose of amending the Railways Pension Scheme Order 1994 .
Designations for the purposes of Part III of the Transport Act 1980
6
Schedule 5 to this Order, which relates to designations for the purposes of Part III of the Transport Act 1980 , shall have effect.
Amendment of legislation
7
Schedule 6 to this Order shall have effect for the purpose of amending or modifying the application of the legislation referred to in that Schedule.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
28th July 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Hillingdon) 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 Hillingdon 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 Hillingdon 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 Hillingdon) 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 vehicle 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 Hillingdon 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:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Organic Products (Amendment) Regulations 1994 and shall come into force on 26th September 1994.
2
In these Regulations “the principal Regulations ” means the Organic Products Regulations 1992 .
Amendment of the principal Regulations
2
The principal Regulations shall be further amended in accordance with the following provisions of these Regulations.
3
Regulation 2(1) (interpretation) of the principal Regulations shall be amended as follows: —
a
there shall be inserted at the appropriate place the following definition —
“the appropriate Minister” means —
in relation to England, the Minister of Agriculture, Fisheries and Food;
in relation to Scotland, Wales or Northern Ireland, the Secretary of State;
;
b
in the definition of “inspection body”, for the words “Food from Britain” there shall be substituted the words “the appropriate Minister”;
c
the definition of “the Minister” shall be deleted.
4
Regulation 3 (designation of authority for the reception of notifications and operation of inspection system, and information to local authorities) of the principal Regulations shall be amended as follows: —
a
in paragraph (1)(a) for the words “Food from Britain” there shall be substituted the words “the appropriate Minister”;
b
in paragraph (1)(b) for the words “the Minister” there shall be substituted the words “the appropriate Minister”;
c
for paragraph (2) there shall be substituted the following paragraph —
2
Where, following the attempted exercise of a function under Article 9.9 or 10.3 by the appropriate Minister or an inspection body, the appropriate Minister or such inspection body, as the case may be, has reason to believe that any person is using in any local authority area any indication which the appropriate Minister and the inspection body are required by that Article to prevent him from using —
a
the appropriate Minister or the inspection body, as appropriate, shall notify in writing that use to the local authority of that area;
b
where the notification referred to in sub-paragraph (a) above is given by a private inspection authority, it shall also notify in writing that use to the appropriate Minister, and
c
the appropriate Minister or the inspection authority, as the case may be, giving such notification shall give the local authority any information which the local authority may reasonably require for the purpose of enforcement under regulation 6 in relation to the use of that indication.
5
The following provisions shall cease to have effect: —
a
section 3A of the Agricultural Marketing Act 1983 (which was inserted by regulation 4 of the principal Regulations); and
b
in consequence, the said regulation 4.
6
Regulation 5 (inspection system and information to the Minister) of the principal Regulations shall be amended as follows: —
a
the words “and information to the Minister” shall be deleted from the heading;
b
in paragraphs (1) and (2) for the words “Food from Britain” in each place where they occur there shall be substituted the words “the appropriate Minister”;
c
paragraphs (3) and (4) shall be deleted.
7
In paragraphs (1) and (2) of regulation 10 (protection of officers acting in good faith) of the principal Regulations for the words “Food from Britain” in each place where they occur there shall be substituted the words “the appropriate Minister”.
8
An approval for a private inspection body granted by Food from Britain pursuant to the designation by regulation 3(l)(iii) of the principal Regulations shall, if in force immediately before the coming into force of these Regulations, continue in force as if such approval has been granted by the appropriate Minister.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
William Waldegrave
Minister of Agriculture, Fisheries and Food
12th August 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
19th August 1994


text:
Citation and commencement
1
These Regulations may be cited as the Public Health (International Trains) Regulations 1994 and shall come into force on 8th March 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“animal” means —
a
any mammal except man; and
b
any four–footed beast whether or not a mammal;
“designated customs approved area” means a customs approved area which has been designated as a control area in accordance with regulation 5(c)(ii);
“designated shuttle control area” means a part of the tunnel system which has been designated as a control area in accordance with regulation 5(b);
“designated terminal control point” means a terminal control point which has been designated as a control area in accordance with regulation 5(c)(i);
“enforcement authority” means —
in relation to any place in England or Wales, the authority (or authorities) by whom these Regulations are to be enforced and executed at that place in accordance with regulation 10;
in relation to any function to be executed and enforced on board any through train in accordance with regulation 9, the Secretary of State;
“freight terminal area” means any place in England or Wales at which a freight service begins or terminates its journey other than a designated customs approved area;
“freight service” means any international service other than a shuttle service or a passenger service;
“international train” means any shuttle train or through train;
“international service” has the same meaning as in section 13(6) of the Channel Tunnel Act 1987;
“next stopping place” means —
if the train is part of a passenger service or a shuttle service, the next stopping place at which the train is due to stop; or
if the train is part of a freight service, the next stopping place through which the train is due to pass;
“passenger service” means any international service —
which uses rolling stock designed for the carriage of passengers by way of the tunnel system; or
which comprises solely of a locomotive which is used by a train operator for moving such rolling stock,
other than a shuttle service;
“rolling stock” includes any railway vehicle, but does not include —
any vehicle other than a railway vehicle; or
any tank, container, pallet, package, fixture or fitting which is not an integral part of a railway vehicle;
“serious epidemic, endemic or infectious disease” does not include venereal disease or infection with human immunodeficiency virus;
“shuttle service” and “shuttle train” have the same meaning as in section 1(9) of the Channel Tunnel Act 1987;
“sick traveller” means a person on an international train who has a serious epidemic, endemic or infectious disease, or in relation to whom there are reasonable grounds for suspecting that he has such a disease;
“stopping place” means —
in relation to a shuttle train which enters the United Kingdom, a designated shuttle control area;
in relation to a through train which enters the United Kingdom as part of a passenger service, a designated terminal control point;
in relation to a through train which enters the United Kingdom as part of a freight service, a designated customs approved area;
“stowaway animal” means any animal, whether dead or alive, which is on board an international train, except one which —
is lawfully being transported through the tunnel system; or
is being imported into Great Britain contrary to any order made, or which has effect as if made, under section 10 of the Animal Health Act 1981 ;
“through train” means a train, other than a shuttle train, which for the purposes of sections 11 and 12 of the Channel Tunnel Act 1987 is engaged on an international service;
“train manager” means, in relation to a through train or a shuttle train, the person designated as train manager by the person operating the international service on which the train is engaged;
“train operator” means a person operating any international service, except where the service is operated by a joint international undertaking and part of that undertaking is a British undertaking, in which case it means the British undertaking which forms part of that joint international undertaking;
“tunnel system” has the same meaning as in section 1(7) of the Channel Tunnel Act 1987;
“viral haemorrhagic fever” has the same meaning as in the Public Health (Infectious Diseases) Regulations 1988 .
2
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a lettered or numbered paragraph is to the paragraph in that regulation bearing that letter or number;
c
in a paragraph to a lettered sub–paragraph is to the sub–paragraph in that paragraph bearing that letter.
Disruption of services
3
In these Regulations, any reference to any measure to be undertaken by an enforcement authority shall be construed as subject to a requirement that, wherever possible, the measure shall be undertaken in such a way so as not to disrupt unavoidably —
a
the scheduled frequency of a loaded international service; or
b
the intended running time of an unloaded international service.
Train managers
4
Where reference is made in regulation 6 or 8 to —
a
a report to be made to a train manager; or
b
a duty to be performed by a train manager,
but a train manager is not travelling on board a particular international train, that report shall instead be made to and that duty shall instead be performed by the most senior member of the crew on board that train.
Control areas
5
The Secretary of State may from time to time —
a
give written notice to any train operator designating all or any through trains as control areas while they are within any area in England or Wales specified in the notice or while they constitute a control zone;
b
give written notice to the Concessionaires designating as a control area any part of the tunnel system in England;
c
give written notice to any occupier or person concerned with the management of —
i
a terminal control point in England or Wales, or
ii
a place in England or Wales which is a customs approved area within the meaning of the Channel Tunnel (Customs and Excise) Order 1990 ,
designating that terminal control point or that place as a control area.
Stowaway animals on incoming trains
6
1
Where a member of the crew of any international train whose journey terminates in the United Kingdom becomes aware during the journey of the presence or suspected presence of any stowaway animal on board the train, he shall report the details of its presence or suspected presence to the train manager.
2
A train manager (or if he is not on board, the most senior member of the crew) who is aware of the presence or suspected presence of a stowaway animal on board his train shall arrange for a message containing those details to be sent to the enforcement authority for the next stopping place, unless —
a
he gives any notice in respect of that animal which is required under article 4(1) of the Rabies (Control) Order 1974 (notice of rabies or suspected rabies); or
b
he has already arranged for those details to be sent to the enforcement authority at another stopping place.
3
Where —
a
the presence of a stowaway animal which is or was capable of carrying rabies, plague or viral haemorrhagic fever is or has been identified or suspected on board an international train; or
b
an international train is or may be contaminated because a stowaway animal which may be or may have been infected with rabies, plague or viral haemorrhagic fever is or has been found on board,
the enforcement authority at a stopping place may require that the train, together with such of its contents as they may reasonably specify, be deratted, disinfested or decontaminated in such a manner and within such a time as they may reasonably determine.
4
An enforcement authority may require any or all of the measures which may be required under paragraph (3) to be undertaken elsewhere at —
a
a designated customs approved area; or
b
a designated shuttle control area,
if the enforecement authority for that area (if different) agrees.
5
The enforcement for an area referred to in paragraph (4)(a) or (b) may require such additional measures to be undertaken to derat, disinfest or decontaminate the train or its contents as in their opinion are necessary.
6
Where an international train has been deratted, disinfested or decontaminated pursuant to the foregoing provisions of this regulation, the train operator of that train shall inform the enforcement authority for each area at which the deratting, disinfestation or decontamination was undertaken of any arrangements made for the disposal of any stowaway animal.
7
Where —
a
the presence of a stowaway animal which is or was capable of carrying rabies, plague or viral haemorrhagic fever is or has been identified or suspected on board an international train; and
b
an international train has been deratted, disinfested or decontaminated during a journey in advance of any measures being required by an enforcement authority of a stopping place,
the train manager of that train shall arrange for the enforcement authority of any stopping place notified in accordance with paragraph (1) to be informed of any arrangements made for the disposal of the stowaway animal.
8
For the avoidance of doubt, arrangements made in accordance with paragraph (2) may include arrangements whereby a train operator employee who is not on board the train contacts the relevant enforcement authority.
Records in relation to rolling stock
7
1
A train operator shall compile and maintain records in relation to all rolling stock which is or has been used by him in an international service, and those records shall contain the following particulars: —
a
any reports known to the operator (including any reports known to a train manager employed by the train operator) of —
i
the presence or suspected presence of any stowaway animal on board that rolling stock, or
ii
any signs of damage to that rolling stock caused or suspected of being caused by a stowaway animal;
b
any measures taken (including measures taken pursuant to another enactment) to derat, disinfest or decontaminate rolling stock as a result of the presence or suspected presence of any stowaway animal, including any arrangements made for the disposal of any stowaway animal.
2
The records may be kept by means of a computer.
3
A train operator shall make the records available for inspection by an enforcement authority at whichever —
a
designated customs approved area;
b
designated shuttle control area; or
c
freight terminal area,
is the most appropriate such area for carrying out such an inspection.
Sick travellers on incoming trains
8
1
Where the train manager of an international train whose journey terminates in the United Kingdom (or if he is not on board, the most senior member of the crew) becomes aware during the journey that there is on board a sick traveller, on or before arrival at the next stopping place he shall arrange for the enforcement authority for that stopping place to be provided —
a
if the sick traveller is still on board the train, with details of the sick traveller’s presence and whereabouts;
b
if the sick traveller is no longer on board the train, with details of the circumstances in which —
i
the sick traveller was identified as a sick traveller, and
ii
the sick traveller alighted from or was removed from the train,
unless he has already reported those details to the enforcement authority at another stopping place.
2
The enforcement authority at the stopping place notified in accordance with paragraph (1) may require the disinfestation or decontamination in such a manner and within such a time as they may reasonably determine, of —
a
any article on board the train; or
b
any rolling stock,
which the enforcement authority considers may be infested or contaminated.
3
An enforcement authority may require any or all of the measures which may be required under paragraph (2) to be undertaken elsewhere at —
a
a designated customs approved area; or
b
a designated shuttle control area,
if the enforcement authority for that area (if different) agrees.
4
The enforcement authority for an area referred to in paragraph (3)(a) or (b) may require such additional measures to be undertaken to disinfest or decontaminate the train or its contents as in their opinion are necessary.
5
For the avoidance of doubt, arrangements made in accordance with paragraph (1) may include arrangements whereby a train operator employee who is not on board the train contacts the relevant enforcement authority.
Questioning of persons on board or alighting from trains
9
Where there are reasonable grounds for suspecting that there is a significant danger to public health because a person either is believed to be a sick traveller or may have been exposed to infection with a serious epidemic, endemic or infectious disease, an enforcement authority may require him while he is on or when he alights from an international train —
a
to answer in a control area questions pertaining to his current state of health or his contact with the possible source of infection;
b
to answer in writing in a control area questions about his name, address and intended destination.
Enforcement
10
1
In this regulation, “enforcement area” means any place which is designated as a control area in accordance with regulation 5 or any freight terminal area.
2
Subject to paragraph (3), the following authorities are specified as the authorities by whom these Regulations are to be enforced and executed —
a
unless paragraph (b) applies —
i
where an enforcement area is wholly or mainly situated in the area of a local authority , by the local authority in whose area the enforcement area is wholly or mainly situated, or
ii
where it is not possible to determine in which local authority area an enforcement area is wholly or mainly situated, by all the authorities in whose area part of the enforcement area is situated;
b
where any functions under these Regulations are assigned by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 to a port health authority in whose area an enforcement area is wholly or mainly situated, by that port health authority.
3
The Secretary of State is also specified as an enforcement authority by whom regulation 7 is to be enforced and executed, in so far as it relates to any place which is designated as a control area in accordance with regulation 5.
Signed on behalf of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
14th February 1994


text:
Title, commencement, interpretation and scope
1
1
These Regulations may be cited as the Enrolment of Deeds (Change of Name) Regulations 1994 and shall come into force on 1st April 1994.
2
These Regulations shall govern the enrolment in the Central Office of the Supreme Court of deeds evidencing change of name (referred to in these Regulations as “deeds poll”).
Citizenship and marital status of applicant
2
1
A person seeking to enrol a deed poll (“the applicant”) must be a Commonwealth citizen as defined by section 37(1) of the British Nationality Act 1981 .
2
If the applicant is a British citizen, a British Dependent Territories citizen or a British Overseas citizen, he must be described as such in the deed poll, which must also specify the section of the British Nationality Act under which the relevant citizenship was acquired.
3
In any other case, the applicant must be described as a Commonwealth citizen.
4
The applicant must be described in the deed poll as single, married, widowed or divorced.
Proof of citizenship, marriage etc
3
1
As proof of the citizenship named in the deed poll, the applicant must produce —
a
a certificate of birth; or
b
a certificate of citizenship by registration or naturalisation or otherwise; or
c
some other document evidencing such citizenship
2
In addition to the documents set out in paragraph (1), an applicant who is married must —
a
produce his certificate of marriage; and
b
show that notice of his intention to apply for the enrolment of the deed poll has been given to his spouse by delivery or by post to his spouse’s last known address; and
c
show that he has obtained the consent of his spouse to the proposed change of name or that there is good reason why such consent should be dispensed with.
Statutory declaration
4
1
The deed poll and the documents referred to in regulation 3 must be exhibited to a statutory declaration by a Commonwealth citizen who is a householder in the United Kingdom and who must declare that he is such in the statutory declaration.
2
The statutory declaration must state the period, which should ordinarily not be less than 10 years, during which the householder has known the applicant and must identify the applicant as the person referred to in the documents exhibited to the statutory declaration.
3
Where the period mentioned in paragraph (2) is stated to be less than 10 years, the Master of the Rolls may in his absolute discretion decide whether to permit the deed poll to be enrolled and may require the applicant to provide more information before so deciding.
Applicant resident outside United Kingdom
5
If the applicant is resident outside the United Kingdom, he must provide evidence that such residence is not intended to be permanent and the applicant may be required to produce a certificate by a solicitor as to the nature and probable duration of such residence.
Signature of deed poll
6
The applicant must sign the deed poll in both his old and new names.
Advertisement of deed poll
7
Upon enrolment the deed poll shall be advertised in the London Gazette by the clerk in charge for the time being of the Filing and Record Department at the Central Office of the Supreme Court.
Deed poll evidencing change of name of child
8
1
Subject to the following provisions of this regulation, these Regulations shall apply in relation to a deed poll evidencing the change of name of a child as if the child were the applicant.
2
Paragraphs (3) to (8) shall not apply to a child who has attained the age of 16, is female and is married.
3
If the child is under the age of 16, the deed poll must be executed by a person having parental responsibility for him.
4
If the child has attained the age of 16, the deed poll must, except in the case of a person mentioned in paragraph (2), be executed by a person having parental responsibility for the child and be endorsed with the child’s consent signed in both his old and new names and duly witnessed.
5
The application for enrolment must be supported —
a
by an affidavit showing that the change of name is for the benefit of the child, and
i
that the application is submitted by all persons having parental responsibility for the child; or
ii
that it is submitted by one person having parental responsibility for the child with the consent of every other such person; or
iii
that it is submitted by one person having parental responsibility for the child without the consent of every other such person, or by some other person whose name and capacity are given, for reasons set out in the affidavit;
and
b
by such other evidence, if any, as the Master of the Rolls may require in the particular circumstances of the case.
6
Regulation 4(2) shall not apply but the statutory declaration mentioned in regulation 4(1) shall state how long the householder has known the deponent under paragraph (5)(a) and the child respectively.
7
Regulation 6 shall not apply to a child who has not attained the age of 16.
8
In this regulation “parental responsibility” has the meaning given in section 3 of the Children Act 1989
Revocation of previous Regulations
9
The Enrolment of Deeds (Change of Name) Regulations 1983 and the Enrolment of Deeds (Change of Name) (Amendment) Regulations 1990 are hereby revoked.
T. H. Bingham, M.R.
Dated 3rd March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leicester General Hospital National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th August 1994.
2
In this Order —
“the Authority” means the Leicestershire Health Authority;
“the Trust” means the Leicester General 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 16th March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th August 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
15th July 1994


text:
Citation and interpretation
1
1
This Order may be cited as the Local Government Act 1992 (Commencement No. 4) Order 1994.
2
In this Order “the 1992 Act ” means the Local Government Act 1992.
Provisions of the 1992 Act coming into force on 13th June 1994
2
Section 11 of the 1992 Act so far as it relates to paragraphs 2(1), 3, 4, 5, 9 and 10 of Schedule 1, and those paragraphs, shall come into force on 13th June 1994.
Signed by authority of the Secretary of State.
David Curry
Minister of State,
Department of the Environment
1st June 1994