text:
Citation, commencement and effect
1
These Regulations may be cited as the Lloyd’s Underwriters (Special Reserve Funds) Regulations 1995, shall come into force on 9th March 1995 and, except as otherwise provided by these Regulations, shall have effect for the year 1992–93 and subsequent years of assessment.
Interpretation
2
In these Regulations “Schedule 20” means Schedule 20 to the Finance Act 1993.
Syndicate profit or loss — modification of definition — running–off syndicates
3
1
Paragraph 1(2) of Schedule 20 shall apply with the following modifications.
2
Immediately following paragraph (a) the word “and” shall be omitted.
3
After paragraph (b) there shall be added the following paragraph —
c
where the accounts of a syndicate remain open beyond the end of the underwriting year which is the closing year for that syndicate, profits or losses shown in the accounts of the syndicate as arising to a member in any subsequent underwriting year shall be profits or losses of the member for the last underwriting year but one preceding that subsequent underwriting year.
.
Cash calls — running–off syndicates — modification of paragraph 4 of Schedule 20
4
1
Paragraph 4 of Schedule 20 shall apply with the following modification.
2
After sub–paragraph (1) there shall be inserted the following sub–paragraph —
1A
References in sub–paragraph (1) above to a cash call include references to a cash call made in respect of an underwriting year determined by paragraph 1(2)(c) above (“the relevant cash call”) if and to the extent that the aggregate amount of the relevant cash call and any previous cash calls made on the member in respect of the syndicate concerned exceeds the net amount of losses arising to the member from that syndicate which have been declared before the date of the relevant cash call after deducting the amount of profits arising to him from that syndicate which have been so declared.
.
Payments into or out of special reserve fund — prescribed periods
5
1
The period prescribed for the purposes of paragraph 3(1) of Schedule 20 is the period which begins on 1st January in the calendar year in which the profits and losses comprising the syndicate profit made by the member for the underwriting year concerned are declared and ends on 31st October in that calendar year or, if earlier, on the date on which payment is made to or on behalf of the member of an amount representing any part of the syndicate profit made by the member for that underwriting year.
2
The period prescribed for the purposes of any payments required by paragraph 4(1) of Schedule 20 —
a
where the accounts of the syndicate have remained open beyond the end of the closing year and the cash call concerned is made —
i
in respect of an underwriting year determined by reference to paragraph 1(2)(c) above, and
ii
in a calendar year (“the relevant calendar year”) after the end of the closing year,
is the period which begins on 1st January in the relevant calendar year and ends on the date which is 90 days after the date on which the cash call is made on the member;
b
in any other case, is the period which begins on 1st January in the calendar year next but one preceding the underwriting year which is the closing year for the syndicate concerned and ends on the earlier of the following dates, namely —
i
the date which is 90 days after the date on which the cash call concerned is made on the member, and
ii
the date which is 90 days after the end of the closing year.
3
The period prescribed for the purposes of any payments required by paragraph 4(2) of Schedule 20 is the period which begins on 1st January in the calendar year in which the profits and losses comprising the syndicate profit or loss of the member for the underwriting year concerned are declared and ends on the earlier of the following dates, namely —
a
31st October in that calendar year;
b
where there is a syndicate profit made by the member for the underwriting year concerned, the date on which payment is made to or on behalf of the member of an amount representing any part of that profit.
4
The period prescribed for the purposes of any payment required by paragraph 4(3) of Schedule 20 is the period of 90 days following the date on which the stop–loss payment is made to the member in respect of his syndicate loss.
5
The period prescribed for the purposes of any payments required by paragraph 4(6) of Schedule 20 is the period of 90 days following the date on which the whole or part of the stop–loss payment made to the member is repaid by him.
6
The period prescribed for the purposes of any payments required by paragraph 5(1) of Schedule 20 is the period which begins on 1st January in the calendar year in which the profits and losses comprising the syndicate loss sustained by the member for the underwriting year concerned are declared and ends on 31st October in that calendar year.
7
The period prescribed for the purposes of any payment required by paragraph 5(4) of Schedule 20 is the period of 90 days following the date on which the stop–loss payment is made to the member in respect of his syndicate loss.
8
The period prescribed for the purposes of any payments required by paragraph 5(7) of Schedule 20 is the period of 90 days following the date on which the whole or part of the stop–loss payment made to the member is repaid by him.
9
The period prescribed for the purposes of any payments required by paragraph 6(2) of Schedule 20 is the period of 90 days following the last day of the underwriting year in respect of which the valuation giving rise to the payments is made.
Valuation of special reserve fund
6
1
Paragraph (2) below prescribes the manner in which the value of a member’s special reserve fund as at the end of an underwriting year shall be determined, and paragraph (3) below prescribes the matters which, in addition to the value of the fund, are to be stated by the fund manager in his report to the member of the value of the fund.
2
The value of the fund shall be determined so as to be in accordance with —
a
the market value of the assets of the fund, and
b
the rules of Lloyd’s relating to the method of valuation of the fund.
3
The matters prescribed are —
a
the amount of any payment made in the underwriting year to which the valuation relates under any of the paragraphs of Schedule 20 specified in paragraph (4) below, and
b
the date on which each such payment was made.
4
The paragraphs specified are paragraphs 3(1), 4(1), (2), (3) and (6), 5(1), (4) and (7), 6(2) and 7(1).
5
This regulation shall have effect for the underwriting year 1994 and subsequent underwriting years.
Cessation of underwriting business — modifications of Part I of Schedule 20
7
1
For the purposes of the Income Tax Acts and these Regulations, references in paragraphs 1, 3 to 6, 8 and 10 of Schedule 20 to a member, other than references relating to a member’s special reserve fund, shall be construed, in the circumstances specified in paragraph (2) below and unless the context otherwise requires, as including references to the member’s personal representatives.
2
The circumstances specified in this paragraph are where —
a
the member dies on or after 6th April 1994, and
b
the member’s personal representatives carry on his underwriting business after his death.
3
This regulation shall have effect —
a
in its application to paragraphs 1, 3 to 6 and 8 of Schedule 20, for the year 1994–95 and subsequent years of assessment;
b
in its application to paragraph 10 of Schedule 20, for the year 1997–98 and subsequent years of assessment.
8
1
Paragraph 11 of Schedule 20 (tax consequences of cessation) shall apply with the modifications specified in paragraphs (2) to (5) below.
2
In sub–paragraph (5) in the definition of “the penultimate underwriting year” for the words from “immediately preceding” to the end there shall be substituted the words “corresponding to the year of assessment immediately preceding the member’s final year of assessment;”.
3
In sub–paragraph (5) for the definition of “the relevant underwriting year” there shall be substituted the following definition —
“the relevant underwriting year” means —
where a member dies before the occurrence of any of the events specified in sub–paragraph (6) below, the underwriting year immediately preceding that corresponding to the relevant year of assessment; and
in any other case, the underwriting year corresponding to the year of assessment immediately preceding the member’s final year of assessment.
.
4
In sub–paragraph (5) for paragraph (a) of the definition of “the relevant year of assessment” there shall be substituted the following paragraph —
a
where a member dies before the occurrence of any of the events specified in sub–paragraph (6) below, the year of assessment at the end of which he is treated, by virtue of section 179A(2) of this Act , as having died;
.
5
After sub–paragraph (5) there shall be added the following sub–paragraphs —
6
For the purposes of the definitions of “the relevant underwriting year” and “the relevant year of assessment” in sub–paragraph (5) above the events specified before the occurrence of which a member dies are the following —
a
the member’s deposit at Lloyd’s is paid over to him or his assigns, or to a person other than the member or his assigns;
b
the member or another person is released from any arrangement entered into by the member or that person in order to satisfy the requirement on the part of the member to provide a deposit at Lloyd's;
c
the last open year of account of any syndicate of which he was a member is closed.
7
For the purposes of sub–paragraph (6)(c) above, the last open year of account of any syndicate of which a person was a member shall be regarded as having closed either —
a
when the member is treated under the rules or practice of Lloyd’s as having been discharged of all his liabilities in relation to that syndicate, whether by the syndicate closing its accounts or by the member or his personal representatives or assigns entering into a quota share contract, or
b
in a case where the member entered, or his personal representatives or assigns have entered, into a quota share contract before the end of the closing year of the syndicate, at the end of the underwriting year in which the contract was made.
.
6
This regulation shall have effect for the year 1994 — 95 and subsequent years of assessment.
S. C. T. Matheson
C. W. Corlett
Two of the Commissioners of Inland Revenue
15th February 1995


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Telecommunications Terminal Equipment (Amendment) Regulations 1995 and shall come into force on 30th January 1995.
Interpretation
2
In these Regulations —
a
“the Amendment and Extension Regulations ” means the Telecommunications Terminal Equipment (Amendment and Extension) Regulations 1994 ; and
b
“the principal Regulations ” means the Telecommunications Terminal Equipment Regulations 1992 .
Amendment of the principal Regulations
3
The principal Regulations are hereby amended as follows: —
a
in regulation 2(3A), for the reference to regulation 3 of the Amendment and Extension Regulations there shall be substituted a reference to regulation 4 of those Regulations;
b
in regulation 3(2) there shall be inserted after the definition of “the Commission” the following definition: —
“the Community” means the European Community;
;
c
for regulation 73(2) (as it was originally enacted and continues to have effect pursuant to regulation 8 of the Amendment and Extension Regulations in a case where the responsible person elects, pursuant to Article 14.2 of the CE Marking Directive , to affix the CE mark) there shall be substituted the following —
2
Any person who issues an EC declaration of conformity to type or an EC declaration of conformity —
a
in relation to applicable terminal equipment which does not satisfy the essential requirements or in respect of which the conformity assessment requirements have not been complied with; or
b
in contravention of regulation 36 or 48 above,
shall be guilty of an offence.
; and
d
for regulation 73(2) (as substituted by regulation 7(e) of the Amendment and Extension Regulations in a case where the responsible person elects to affix the CE marking) there shall be substituted the following —
2
Any person who issues an EC declaration of conformity to type or an EC declaration of conformity —
a
in relation to applicable terminal equipment which does not satisfy the essential requirements or in respect of which the conformity assessment requirements have not been complied with; or
b
in contravention of regulation 36 or 48 above,
shall be guilty of an offence.
.
Amendment of the Amendment and Extension Regulations
4
The Amendment and Extension Regulations are hereby amended as follows: —
a
in the headpiece to regulation 3, for “regulation 6(a)” there shall be substituted “regulation 7(a)”;
b
in regulation 8(3), for the words “regulation 12 and Schedule 2 of the principal Regulations as substituted by regulation 7 above” there shall be substituted the words “regulation 10 of the principal Regulations as substituted by regulation 7 above, or regulation 12 of those Regulations and Schedule 2 to those Regulations as so substituted”;
c
in regulation 10(a)(i)(bb), there shall be inserted after the definition of “Community internal production control procedure” the following definition: —
“declaration of conformity” means a written declaration that receive-only equipment satisfies the relevant requirements of the TTE Directive and the Satellite Earth Station Equipment Directive drawn up pursuant to the Community internal production control procedure by a manufacturer or his authorized representative where the manufacturer has chosen pursuant to Article 9 or 10 of the latter Directive to comply with the conformity assessment requirements pursuant to that procedure;
;
d
for regulation 10(e) there shall be substituted the following —
e
regulation 12 shall (in addition to regulations 7 to 11 and Parts III, IV and IVA) have effect in relation to satellite earth station equipment which is capable of terrestrial connection to the public telecommunications network but which is not intended for such connection as if it were connection-capable equipment or radio connection-capable equipment as the case may require, but as if paragraph (4) were omitted;
e
after regulation 10(e), there shall be inserted the following paragraph —
ee
in regulation 73(2) (as substituted by regulation 3(d) of the Telecommunications Terminal Equipment (Amendment) Regulations 1995 in relation to applicable terminal equipment in a case where the responsible person elects to affix the CE marking) —
a
in the headpiece, for the words “EC declaration of conformity to type or an EC declaration of conformity” there were substituted the words “EC declaration of conformity to type, EC declaration of conformity or declaration of conformity”; and
b
in sub-paragraph (b), for “36 and 48” there were substituted “36, 48 and 49D”; and
f
in the Schedule, in the provisions inserted into the principal Regulations as they have effect in relation to satellite earth station equipment —
i
in regulation 49B(2), for the word “or” there shall be substituted the word “nor”;
ii
in the fourth indent of regulation 49C(2), for the words “this Directive” there shall be substituted the words “that Directive”; and
iii
for regulation 49D there shall be substituted the following —
Declaration of conformity
49D
The manufacturer or his authorized representative shall —
a
make the declaration of conformity (which shall, where it is drawn up in the United Kingdom, be in English) for equipment in respect of which the Community internal production control procedure has been applied and which complies with the essential requirements; and
b
keep a copy of the declaration with the technical documentation.
.
Ian Taylor
Parliamentary Under Secretary of State for Trade and Technology
Department of Trade and Industry
23rd January 1995


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) Amendment Regulations 1995 and shall come into force on 6th April 1995.
Amendment of the Social Security (Contributions) Regulations 1979
2
In regulation 98 of the Social Security (Contributions) Regulations 1979 (modification of provisions of the Social Security Contributions and Benefits Act 1992 in relation to share fishermen) , in paragraph (c) (weekly rate of any Class 2 contributions payable by share fishermen) for the sum of “£7.75” there shall be substituted the sum of “£7.30”.
Signed by authority of the Secretary of State for Social Security.
James Arbuthnot
Parliamentary Under-Secretary of State,
Department of Social Security
1st March 1995


text:
Commencement and citation
1
This Order may be cited as the A102 Trunk Road (Greenwich) Red Route (Clearway) Traffic Order 1995, and shall come into force on 10th November 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980;
c
causing includes permitting;
d
“disabled person”, “disabled persons badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule l;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1st January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31st December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of The Traffic Signs Regulations and General Directions 1994.
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle, or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, The Greenwich (Waiting and Loading Restriction) Order 1994 [LBG TMO 1994 017] is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in The Greenwich (Waiting and Loading Restriction) Order 1994 [LBG TMO 1994 017] only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
22nd September 1995


text:
Title and commencement
1
This Order may be cited as the Equine Viral Arteritis Order 1995 and shall come into force on 1st August 1995.
Extension of definition of “disease”
2
For the purposes of the Animal Health Act 1981 in its application to this Order the definition of “disease” in section 88(1) of the Act is hereby extended so as to include equine viral arteritis.
Interpretation
3
In this Order, unless the context otherwise requires,
“Chief Veterinary Officer” means the Chief Veterinary Officer of the Ministry;
“disease” means equine viral arteritis;
“Divisional Veterinary Officer” means the veterinary inspector appointed for the time being by the Minister to receive information about affected or suspected horses for the area in which such horses are;
“virus” means the virus of the disease.
Notification of disease in horses
4
1
Subject to paragraph (2) below, a person who knows or has reasonable grounds for supposing that a stallion —
a
which is in his possession or under his charge, or
b
which he has examined or inspected,
is or may be diseased, or is or may be a carrier of the virus, shall with all practicable speed notify the fact to the Divisional Veterinary Officer.
2
Paragraph (1) above shall not apply in respect of a stallion which has been vaccinated against the disease and which, immediately prior to vaccination, has been tested for the disease with a negative result.
3
A person who knows or has reasonable grounds for supposing that a mare which has been served, either naturally or by artificial insemination, within the previous fourteen days —
a
which is in his possession or under his charge, or
b
which he has examined or inspected,
is or may be diseased, shall with all practicable speed —
i
notify the fact to the Divisional Veterinary Officer; and
ii
notify to the Divisional Veterinary Officer the name of the stallion used to serve the mare and the name and address of the owner of the stallion.
4
A person who, following analysis by him of a sample of serum or semen taken from a stallion or a sample of serum taken from a mare which has been served, either narurally or by artificial insemination within the previus fourteen days, reasonably supposes that the disease exists or the stallion may be a carrier of the virus shall —
a
with all practicable speed notify the fact to the Divisional Veterinary Officer;
b
retain the sample analysed until its disposal is authorised in writing by a verterinary inspector; and
c
if required in writing to do so by a veterinary inspector, surrender any samples in whatever form they are to a veterinary inspector or an officer of the Ministry acting on his behalf.
5
This article shall not apply where the disease or virus has been deliberately introduced into a horse or sample in a laboratory.
Restrictions and requirements on stallions and semen
5
1
Upon the notification under article 4 above, or if a veterinary inspector has other reasonable grounds for supposing that the disease or the virus exists or has within 56 days existed in a stallion, a veterinary inspector shall —
a
by notice served on the owner or person in charge of the stallion, impose the restrictions and requirements contained in Part I of the Schedule to this Order; and, where appropriate,
b
by notice served on any person who is identified as having obtained semen collected from a stallion in relation to which a notice under sub-paragraph (a) above has been served, impose the restriction contained in Part II of the Schedule to this Order.
2
The person upon whom a notice under this article has been served shall take all reasonable steps to ensure that the notice is complied with, unless he is authorised by a licence issued by a veterinary inspector to do anything which would otherwise be a breach of this Order.
3
A notice served under paragraph (1) above —
a
shall remain in force until withdrawn by a veterinary inspector by a further notice in writing served on the owner or person in charge of the stallion or its semen to which the notice served under paragraph (1) relates; and
b
shall not be withdrawn until the Chief Veterinary Officer or the person authorised by him is satisfied that the disease or the virus does not exist or no longer exists in the stallion or its semen.
4
Until such time as a notice under this article is served, a person who has in his possession or under his charge —
a
a stallion suspected of being diseased or of being a carrier of the virus, or
b
semen collected from such a stallion,
shall take all reasonable steps to ensure that the relevant restrictions and requirements contained in the Schedule to this Order are complied with.
Veterinary inquiry as to the existence of disease
6
1
In order to ascertain whether or not the disease or the virus exists or has within 56 days existed in a horse, a veterinary inspector may carry out such inquiries, examinations and tests and take such samples as may be necessary for that purpose.
2
Where the owner or person in charge of a stallion has made a written request to the Divisional Veterinary Officer and the Divisional Veterinary Officer has given his consent, a veterinary inspector may postpone the exercise of any of the powers under paragraph (1) above in respect of that stallion until such time as specified by the Divisional Veterinary Officer.
3
A veterinary inspector may mark or cause to be marked for identification purposes any horse in relation to which any of the powers under paragraphs (1) or (2) above have been exercised.
4
The owner or person in charge of the horse or any person in his employment shall provide such information and render such reasonable assistance to a veterinary inspector as may be required for the purposes of the inquiry.
5
If, on completion of the inquiry, the veterinary inspector is of the opinion that the disease or the virus exists or has within 56 days existed in a stallion, his opinion to that effect shall be subject to confirmation by the Chief Veterinary Officer or by a person authorised by him.
Publication of results of veterinary inquiry
7
1
Where a veterinary inquiry under article 6 above is carried out —
a
upon confirmation being given under article 6(5) above the Minister may publish, in such manner as he thinks fit, the fact of confirmation and the name and location of the stallion; and
b
thereafter if the Chief Veterinary Officer or person authorised by him is satisfied that the disease or the virus no longer exists in a stallion, in respect of which publication has been made under sub-paragraph (a) above, the Minister shall publish in the same manner that fact and the name and location of the stallion.
2
Where, in exercise of the power under article 6(2) above, a veterinary inquiry is postponed —
a
the Minister may publish, in such manner as he thinks fit, the fact that existence of the disease or the virus in the stallion is suspected and the name and location for that stallion; and
b
where publication has been made under sub-paragraph (a) above, upon confirmation by or on behalf of the Chief Veterinary Officer that the disease or the virus does not exist in the stallion, the Minister shall publish in the same manner that fact and the name and location of that stallion.
Licences
8
Any licence issued under article 5(2) may be issued subject to conditions and may be amended or revoked by a veterinary inspector by notice in writing served on the person to whom the licence was issued.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
10th July 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
10th July 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
10th July 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Tower Hamlets Healthcare National Health Service Trust (Establishment) Order 1995 and shall come into force on 31st March 1995.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 31st March 1995;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Tower Hamlets Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Tower Hamlets Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Mile End Hospital, Bancroft Road, London E1 4DG and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from Mile End Hospital, Bancroft Road, London E1 4DG and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
There shall be included among the non-executive directors a person appointed from the University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The East London and The City Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The East London and The City Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the East London and The City Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
20th March 1995


text:
Title and commencement
1
This Scheme may be cited as the Fishing Vessels (Decommissioning) Scheme 1995 and shall come into force on 5th July 1995.
Interpretation
2
1
In this Scheme, unless the context otherwise requires —
“ the Act ” means the Fisheries Act 1981;
“application” means an application for grant and “applicant” shall be construed accordingly;
“authorised officer” means any officer authorised in writing by the Ministers for the purposes of this Scheme;
“breadth”, in relation to a vessel, means the breadth calculated and measured in accordance with the rules specified in Article 3 of Council Regulation ( EEC ) No. 2930/86 defining characteristics for vessels as amended ;
“capacity units”, in relation to a vessel, means —
( L x B ) + ( 0.45 x P )
where
L is the length of the vessel,
B is the breadth of the vessel, and
P is the engine power of the vessel expressed in kilowatts;
“the Community waters” means the sea falling under the sovereignty or within the jurisdiction of the member States;
“day” means all or any of a period of 24 consecutive hours beginning at midnight;
“decommissioning”, in relation to a vessel, means the permanent withdrawal of that vessel from operation within the sea fish industry of the European Community by means of scrapping and “decommissioned” and “decommissioning grant” shall be construed accordingly;
“fishing trips” means time spent by a vessel —
engaged in fishing for profit;
steaming between port and fishing ground and between one fishing ground and another,
and for this purpose “fishing for profit” means fishing with a view to securing a financial return deriving from sale of the sea fish landed;
“grant” means decommissioning grant under this Scheme;
“length”, in relation to a vessel, except in the case of paragraph 3(1)(e), means the length calculated and measured in accordance with the rules specified in Article 2(1) of Council Regulation (EEC) No. 2930/86 ;
“licence” means one or more licences granted in respect of a vessel under section 4 of the Sea Fish (Conservation) Act 1967 ;
“the Ministers” means the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with the sea fish industry in Scotland, Wales and Northern Ireland;
“the register” means the register of vessels established under section 1 of the Merchant Shipping (Registration, etc. ) Act 1993 and references to “registered” shall be construed accordingly;
“the relevant area” means the area consisting of —
the Community waters, and
the sea falling under the sovereignty or within the jurisdiction of Norway south of latitude 62° north;
“relevant conditions” means any conditions relating to the approval of an application which have been notified to the applicant under paragraph 6(3)(b);
“scrapping”, in relation to a vessel, means permanently breaking up the vessel or otherwise permanently disabling it (but not, in either case, by scuttling) so that it is incapable of use for any seagoing purpose and “scrapped” shall be construed accordingly;
“sea fish” has the same meaning as in Part II of the Act .
2
Any reference in this Scheme to a numbered paragraph shall, unless the context otherwise requires, be construed as a reference to the paragraph bearing that number in this Scheme.
3
Any payment of grant made under this Scheme by the Ministers may be made by any of them and any reference in this Scheme to such a payment shall be construed accordingly.
Decommissioning grants
3
1
Any person who owns a registered vessel —
a
which is over 10 metres in length,
b
in respect of which there is a licence which authorises fishing in all or any part of the Community waters for all or any of the species of sea fish for which the United Kingdom has a share of the Community total allowable catch and which are specified in sub-paragraph (2) below,
c
which whilst registered as a United Kingdom vessel has, during each of the calendar years 1993 and 1994, spent at least 100 days at sea on fishing trips in any part of the relevant area,
d
which is at least 10 years old at the date of the application, and
e
which, in the case of a vessel over 12 metres in registered length had, on the date of application, either a valid vessel certificate under the provisions of the Fishing Vessels (Safety Provisions) Rules 1975 , or a letter confirming the completion of a satisfactory survey issued by the Secretary of State for Transport, or, in the case of any other vessel, in the opinion of the Ministers is fit for undertaking fishing trips without the need for major repairs or alterations,
may make an application to the Ministers in respect of that vessel.
2
The species of sea fish mentioned in sub-paragraph (1)(b) above are herring ( Clupea harengus ), mackerel ( Scomber scombrus ), saithe ( Pollachius virens ), anglerfish ( Lophiidae ), cod ( Gadus morhua ), haddock ( Melanogrammus aeglefinus ), whiting ( Merlangius merlangus ), hake ( Merluccius merluccius ), plaice ( Pleuronectes platessa ) and sole ( Solea solea ).
3
Notwithstanding sub-paragraph (1) above, no person may make an application in respect of any fishing vessel —
a
in respect of which an application was approved by the Ministers under the Fishing Vessels (Decommissioning) Scheme 1994 but which was not decommissioned; or
b
which between 1st January and 31st December 1994 spent more days at sea on nephrops fishing trips than on any other fishing trips.
4
In sub-paragraph (3)(b) above “nephrops fishing trip” means any day on which the catch landed by the fishing vessel consisted of at least 30% nephrops ( Nephrops norvegicus ) and not more than 60% of other species listed in Annex II to Council Regulation 3094/86 as amended .
Applications
4
1
The Ministers shall publish in such manner as they consider appropriate a notice inviting, and specifying the closing date for, applications.
2
An application made in pursuance of a notice published under sub-paragraph (1) above shall be in writing, shall be made in such form and manner, shall include such information and shall be delivered to such address as the Ministers may from time to time require.
3
An applicant shall furnish all such further information relating to the application as the Ministers may require.
4
An application shall be in respect of one vessel only and shall include a bid stating the amount of grant for which the applicant offers to scrap the vessel.
5
No more than one application in pursuance of a notice published under sub-paragraph (1) above may be made in respect of any vessel.
6
The foregoing provisions of this paragraph shall apply in respect of any subsequent notices inviting applications.
7
Where an application in respect of a vessel has been approved by the Ministers under paragraph 6, no further application may be made in respect of that vessel.
Consideration of applications
5
1
As soon as reasonably practicable after the date specified as the closing date for applications in a notice published under paragraph 4(1) the Ministers shall —
a
identify those applications made in pursuance of that notice which satisfy the foregoing provisions of this Scheme,
b
divide the bid included in each such application by the number of capacity units of the vessel concerned, and
c
place each such application in rank according to the result of the calculation referred to in sub-paragraph (b) above.
2
The Ministers may reject any application if they consider the amount of the bid in the application to be unreasonable, having regard to —
a
the extent to which the approval of the application would contribute towards the objectives of the United Kingdom’s multiannual guidance programme for its fishing fleet as approved in Commission Decision 92/593/EEC on a multiannual guidance programme for the fishing fleet of United Kingdom for the period 1993 to 1996 pursuant to Council Regulation (EEC) No. 4028/86 ;
b
the amount of money allocated to this Scheme.
3
The Ministers shall reject any application if they have reasonable grounds for suspecting that there has been any fixing or adjustment of the amount of a bid by, under or in accordance with any agreement (whether legally binding or not) or arrangement with another person.
4
Subject to sub-paragraphs (2) and (3) above and sub-paragraph (5) below, the Ministers shall select applications for approval by proceeding through the rank referred to in sub-paragraph (1)(c) above from the application incorporating the lowest amount bid per capacity unit towards the application incorporating the highest amount bid per capacity unit until the maximum amount of money allocated for the Scheme is reached.
5
Where as a result of the procedure referred to in sub-paragraph (4) above there are two or more identical bids per capacity unit which are higher than the amount of any other bid which has been selected for approval, and there is insufficient money to meet all of them, in deciding which bid or bids to accept the Ministers may take into account the number of days at sea spent on fishing trips in any part of the relevant area by each of the vessels concerned during the calendar years 1993 and 1994, as recorded in the vessel’s logbook, with a view to giving preference to vessels that spent more days at sea in those years.
Approval of applications
6
1
The Ministers shall approve any application which they have selected for approval under paragraph 5.
2
Subject to the provisions of this Scheme, the Ministers may at any time —
a
determine conditions to which an approval given under this paragraph shall be subject, and
b
amend such conditions.
3
The Ministers shall in writing —
a
notify applicants of the result of their applications;
b
notify applicants whose applications they have approved under this paragraph of any conditions which they have determined or amended under sub-paragraph (2) above.
Eligibility for payment of grant
7
1
Subject to sub-paragraph (2) below and paragraph 17, applicants whose applications have been approved under paragraph 6 shall be eligible for payment of grant in accordance with paragraph 11.
2
No grant shall be paid to an applicant in respect of any vessel unless the Ministers are satisfied that the requirements set out in paragraphs 8 and 9 have been complied with.
Scrapping requirements
8
1
At least two weeks prior to the scrapping of the vessel the applicant shall notify the Ministers in writing of the intended date and place of scrapping (which shall be within a member State) and the proposed method of scrapping.
2
The vessel shall not be scrapped until the method of scrapping notified under sub-paragraph (1) above has been approved by the Ministers.
3
The applicant shall before 1st March 1996 furnish to the Ministers a declaration that the vessel has been scrapped in accordance with this Scheme.
Surrender of licences and removal from the register
9
1
The applicant shall before 1st March 1996 —
a
surrender the licence referred to in paragraph 3(1)(b), and any current licence in respect of the vessel granted otherwise than under section 4 of the Sea Fish (Conservation) Act 1967, to the person who granted the licence and in the case of any licences granted by a person other than by the Ministers furnish to the Ministers evidence that all such licences have been so surrendered;
b
take all necessary steps to ensure that the vessel is removed from the register and furnish to the Ministers evidence that it has been so removed.
2
In this paragraph “licence” includes any written authorisation, consent or permit.
Substantial damage or destruction of vessel
10
1
Where an application has been approved under paragraph 6 and thereafter the vessel to which the approved application relates is substantially damaged or destroyed —
a
the applicant shall forthwith in writing notify and provide full details to the Ministers of the damage or destruction;
b
the applicant shall with the notice referred to in paragraph (a) above furnish Ministers with information concerning —
i
any policy of insurance in respect of the vessel which was in force at the time of, and
ii
any criminal or civil proceedings which to his knowledge are contemplated or in progress in respect of,
the incident;
c
the applicant shall provide the Ministers with such further information as they may require concerning the incident, the insurance arrangements relating to the vessel and any such criminal or civil proceedings;
d
the applicant shall if requested by the Ministers provide them with written authority authorising contact with the insurers of the vessel;
e
the applicant shall notify the Ministers of any amount received under such policy of insurance, or by way of compensation or damages, as a result of the incident.
2
Sub-paragraph (1) above shall apply regardless of whether or not the method of scrapping the vessel had been approved under paragraph 8(2) before the incident occurred.
3
In this paragraph “incident” means an incident in which the vessel to which an approved application relates is substantially damaged or destroyed.
Amount of grant
11
The amount of grant which applicants who are eligible for payment of grant shall be paid shall be the amount of the bid made by such applicants in their applications.
Method of payment
12
Payments by way of grant may be made by the Ministers at such time, or by such instalments at such intervals or times, as they may determine.
Undertakings
13
Any person whose application has been approved under paragraph 6 may be required by the Ministers to give such undertakings as they may consider appropriate to the case.
Assistance to authorised officers
14
Any applicant or any employee, servant or agent of any applicant shall give to an authorised officer such assistance as he may reasonably request to exercise the power conferred upon him by paragraph 15.
Powers of authorised officers
15
An authorised officer at all reasonable hours and on producing, if required to do so, some duly authenticated document showing his authority, may enter upon and inspect any vessel which is, or which such officer has reasonable cause to believe is, a vessel in respect of which an application has been made for the purpose of ascertaining whether and to what extent —
a
a person is entitled under paragraph 3 to make the application;
b
the application should be selected for approval under paragraph 5;
c
paragraphs 8 to 10 and 14, any relevant conditions and any undertakings given by the applicant have been complied with;
d
the scrapping of the vessel is being, or has been, actually carried out;
e
any amount of grant is recoverable in accordance with paragraph 17;
f
an offence under section 17 of the Fisheries Act 1981 has been or is being committed.
Protection of officers
16
Any authorised officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by virtue of paragraph 15 if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Reduction, withholding and recovery of grant
17
If at any time after the Ministers have approved an application in respect of any vessel it appears to them that any of the relevant conditions have not been complied with and in particular (without prejudice to the generality of such conditions) that —
a
the application or any part of it was not an application which the applicant was entitled under paragraph 3 to make;
b
the applicant or an employee, servant or agent of an applicant —
i
has failed to comply with any requirement imposed by paragraphs 8 to 10 and 14;
ii
has intentionally obstructed any officer in the exercise of his powers under paragraph 15; or
iii
has given information on any matter relevant to the giving of the approval or the making of a payment relevant to the approval which is false or misleading in a material respect;
c
there has been damage or destruction of the vessel resulting in the payment to any person of any amount under a policy of insurance or by way of compensation or damages (regardless of whether or not the method of scrapping the vessel had been approved under paragraph 8(2) before such damage or destruction occurred),
they may revoke the approval of such application in whole or in part or may reduce or withhold any grant in respect of the application and, where payment by way of grant has been made, may on demand recover, as a civil debt or, in Scotland, as a debt, an amount equal to the whole or any part of the payment which has been so made.
Michael Jack
Minister of State, Minister of Agriculture, Fisheries and Food
4th July 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
3rd July 1995
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
26th June 1995
Denton of Wakefield
Parliamentary Under Secretary of State for Northern Ireland
29th June 1995
We approve,
Derek Conway
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
27th June 1995


text:
1
These Regulations may be cited as the Education (Mandatory Awards) (Amendment) Regulations 1995 and shall come into force on 1st June 1995.
2
The Education (Mandatory Awards) ( No. 2) Regulations 1993 are amended in paragraph 1(1) of Schedule 3 by adding the following sub-paragraph to the end: “(v) any payment made to the student as a “Career Development Loan” in pursuance of section 2 of the Employment and Training Act 1973 ”.
3
The Education (Mandatory Awards) Regulations 1994 are amended —
a
in paragraph 16(c) of Schedule 2 by substituting for the words “previous course in respect of which he held an award (or was in receipt of a grant under arrangements made under section 2 of the Education Act 1962)” the words “full-time course of further or higher education which he had started before 1st September 1995”; and
b
in paragraph 1(1) of Schedule 3 by adding the following sub-paragraph to the end: “(v) any payment made to the student as a “Career Development Loan” in pursuance of section 2 of the Employment and Training Act 1973”.
Gillian Shephard
Secretary of State for Education
26th April 1995


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Payments to Designated Authorities) (Minimum Revenue Provision) Regulations 1995 and shall come into force on 1st December 1995.
Interpretation
2
1
In these Regtulations —
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“the 1990 Regulations ” means the Local Authorities (Capital Finance) Regulations 1990 ;
“the 1995 Regulations ” means the Local Government Changes for England (Capital Finance) Regulations 1995 ;
“the Property Transfer Regulations ” means the Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 ;
“the initial year” means the financial year beginning on the reorganisation date:
“housing authority” means a local authority which is required to keep a Housing Revenue Account for the final year; and
“Housing Revenue Account” has the same meaning as in Part VI of the 1989 Act (housing finance).
2
In these Regulations —
a
“abolished authority”, “council tax base”; “the reorganisation date”, “section 17 order”, and “successor authority” have the meanings given by regulation 2(1) of the Property Transfer Regulations;
b
“the final year”, “designated authority”, “participant authority” and “the relevant authority” have the meanings given by regulation 13(1) of those Regulations;
c
reference to the relinquishing authority in relation to a transferred area shall be construed in accordance with regulation 2(2) of those Regulations; and
d
any expression which is also used in Part IV of the 1989 Act (revenue accounts and capital finance of local authorities) has the same meaning as in that Part.
3
In these Regulations —
a
any reference to a modified housing amount or a modified non-housing amount is a reference to such amount as would have been determined as the relevant authority’s housing amount or, as the case may be, non-housing amount for the initial year in accordance with Part II of Schedule 5 to the 1990 Regulations if the section 17 order affecting that authority had not been made and if that authority’s credit ceiling had not, at any time before the reorganisation date, been increased by reason of any use of a credit approval to enter into or agree to the variation of a credit arrangement or reduced by reason of the setting aside of any amount as provision to meet credit liabilities in respect of a credit arrangement; and
b
any reference to a modified relevant amount is a reference to an amount determined in accordance with the formula —
A - ( B - C )
where —
A is such amount as would have been determined as the relevant authority’s relevant amount for the initial year in accordance with Part III of Schedule 5 to the 1990 Regulations if the section 17 order affecting that authority had not been made and if that authority’s credit ceiling had not, at any time before the reorganisation date, been increased by reason of any use of a credit approval to enter into or agree to the variation of a credit arrangement or reduced by reason of the setting aside of any amount as provision to meet credit liabilities in respect of a credit arrangement.
B is an amount equal to the amount (if any) which a relevant new police authority (within the meaning of article 11 of the Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1994 is deemed to have borrowed from the relevant authority (as a relevant council within the meaning of that article) (“the deemed borrowing”); and
C is the total of any amounts paid, in accordance with that article, by that police authority before the beginning of the initial year to discharge its liability in respect of the deemed borrowing.
4
In these Regulations —
“limited approval” has the same meaning as in Part VIII of the 1990 Regulations (minimum revenue provision);
“relevant advance” means any advance which was made, by virtue of a limited approval, before 1st April 1990 from a loans fund established by a relevant authority under paragraph 15 of Schedule 13 to the Local Government Act 1972 (loans and other financial provisions) ;
“relevant housing advance” means a relevant advance used for any purpose related to land, houses or other property within the relevant authority’s Housing Revenue Account;
“relevant non-housing advance” means a relevant advance other than a relevant housing advance;
“relevant SCA ” means a supplementary credit approval which —
was issued to the relevant authority in respect of expenditure which was treated by that authority as expenditure for capital purposes by virtue only of directions under section 40(6) of the 1989 Act: and
was used by that authority before the reorganisation date to any extent as mentioned in section 56(3) of that Act;
“relevant housing SCA” means a relevant SCA used for any purpose related to land, houses or other property within the relevant authority’s Housing Revenue Account; and
“relevant non-housing SCA” means a relevant SCA other than a relevant housing SCA.
Estimates by abolished authorities
3
1
Subject to paragraph (2) below, an abolished authority in relation to which there are two or more successor authorities shall, on or before 10th December in the final year, supply the designated authority with the following —
a
an estimate of the amount of its borrowings which will not have been repaid before the reorganisation date;
b
where the abolished authority is a housing authority, estimates of the modified housing amount and modified non-housing amount;
c
where the abolished authority is not a housing authority, an estimate of the modified relevant amount; and
d
an estimate of the amounts which the abolished authority would have been required to determine for the initial year for the purposes of regulation 26(1)(b) and (c) of the 1990 Regulations if the section 17 order providing for it to be wound up and dissolved on the reorganisation date had not been made.
2
Amounts shall be estimated for the purposes of paragraph (1) above as if the estimate were being made on the last day of the final year.
3
The abolished authority shall furnish the designated authority with all such information relating to the estimates made pursuant to paragraph (1) above, or to any other matter, as that authority may reasonably request for the purpose of discharging its functions under these Regulations.
Liability of participant authorities to make payments to designated authorities
4
1
This paragraph applies where —
a
in a case where the designated authority is a successor authority in relation to an abolished authority, the designated authority, in the initial year, is or, but for regulation 26(7) of the 1990 Regulations, would be required by virtue of subsection (1) of section 63 of the 1989 Act to set aside from a revenue account as provision to meet credit liabilities an amount which is greater than the amount it would have been required so to set aside by virtue of that subsection if the 1995 Regulations had not been made ; or
b
in a case where the designated authority is the relinquishing authority in relation to a transferred area, that authority, in the initial year, is or, but for that regulation 26(7), would bve required by virtue of that regulation to set aside an amount from a revenue account as provision to meet credit liabilities.
2
Where paragraph (1) above applies and —
a
the amount which the designated authority is or would be required to set aside as mentioned in that paragraph includes or, as the case may be, would include one or more amounts determined —
i
for the purposes of sub-paragraph (b) of paragraph (1) of regulation 26 of the 1990 Regulations in respect of relevant housing or, as the case may be, non-housing advances; or
ii
for the purposes of sub-paragraph (c) of that paragraph in respect of relevant housing or, as the case may be, non-housing SCAs ; or
b
the modified housing amount or modified non-housing amount, or (as the case may be) the modified relevant amount, is a positive amount;
each participant authority shall, unless the designated authority and all the participant authorities otherwise agree, be liable to make payments to the designated authority, in accordance with these Regulations.
3
Payments by a participant authority pursuant to paragraph (2) above —
a
shall be made in respect of such financial years beginning on or after the reorganisation date as that authority and the designated authority may from time to time agree or, in default of such agreement, as the designated authority may determine; and
b
shall, in respect of each such financial year (“the current year”), consist of a component in respect of principal for that year and a component in respect of interest for that year (“the relevant components”) calculated by the designated authority in accordance with such method of calculation as may from time to time be agreed by the designated authority and all of the particpant authorities or, in default of such agreement, in accordance with the Schedule to these Regulations (“the Schedule”).
Calculations of relevant components
5
1
Initial calculations of the amounts of the relevant components for the current year shall be made in relation to each participant authority by the designated authority, and the amounts so calculated shall be notified by that authority to all of the participant authorities, not later than 31st December in the financial year preceding the current year (“the immediately preceding year”).
2
Further calculations of the amounts of the relevant components for the current year shall be made in relation to each participant authority by the designated authority, and the amounts so calculated shall be notified by that authority to all of the participant authorities, not later than such date or dates as the designated authority and all the participant authorities may from time to time agree or, in default of such agreement, within the periods specified in paragraph (3) below.
3
The specified periods for the purposes of paragraph (2) above are —
a
in the case of the component in respect of principal —
i
in the case of the initial year —
a
two months beginning with the reorganisation date; and
b
two months beginning with the date on which the responsible financial officer signs the statement of accounts prepared in relation to the relevant authority’s accounts for the final year ; and
ii
in every other case, two months beginning with the date on which the responsible financial officer signs the statement of accounts prepared in relation to the designated authority’s accounts for the immediately preceding year; and
b
in the case of the component in respect of interest —
i
21 days beginning with the end of each period of three months beginning on 1st April, 1st July and 1st October in the current year; and
ii
two months beginning with the date on which the responsible financial officer signs the statement of accounts prepared in relation to the designated authority’s accounts for the current year.
4
Final calculations of the relevant components for the current year shall be made by the designated authority in relation to each participant authority and the amounts so calculated shall be notified by that authority to all of the participant authorities —
a
in the case of the component in respect of principal —
i
in the case of the initial year, as soon as reasonably practicable after the relevant date (within the meaning of Part III of the 1995 Regulations); and
ii
in every other case, within two months of the conclusion of the audit of the designated authority’s accounts for the immediately preceding year; and
b
in the case of the component in respect of interest, within two months of the conclusion of the audit of the designated authority’s accounts for the current year.
Making of payments
6
1
Subject to the following provisions of this regulation, the amount of a relevant component for the current year which is payable by a participant authority to the designated authority shall be the amount calculated, from time to time, in relation to the participant authority, and notified, pursuant to regulation 5.
2
The designated authority may determine that the amount calculated and notified pursuant to regulation 5(1) as the component in respect of principal for the initial year shall be disregarded for the purposes of paragraph (1) above; and any such determination shall be made, and notified to the participant authority, not later than 31st December in the final year.
3
The amount of a relevant component for the current year which is payable by the participant authority shall be paid —
a
in such number of instalments payable on or before such dates as the designated authority and the participant authority may have agreed not later than 10th December in the immediately preceding year; or
b
in default of such agreement, such number of instalments payable on or before such dates as the designated authority shall determine in accordance with paragraph (4) below and notify to the participant authority before 31st December in that year.
4
For the purposes of any determination by the designated authority under paragraph (3) above —
a
the number of instalments shall not be less than 10;
b
the date on which the first instalment shall be payable shall not be earlier than —
i
in a case where the designated authority has made a determination under paragraph (2) above, the date which is two weeks after the date of the notification of the first amount calculated as the component in respect of principal for the initial year pursuant to regulation 5(2); and
ii
in any other case, 15th April in the current year;
c
the date on which the last instalment shall be payable shall not be later than 31st March in the current year;
d
there shall, so far as practicable, be an equal number of days between each instalment; and
e
a day which is a Saturday, Sunday or bank holiday shall be excluded for the purposes of the computation of days under sub-paragraph (d) above.
5
The amount of any instalment payable by a participant authority shall be such as that authority and the designated authority may from time to time agree or, in default of such agreement, an amount equal to the amount payable by the participant authority under paragraph (1) above but which has not yet been paid, divided by the number of instalments remaining to be paid for the current year.
6
This paragraph applies where, after the date on which the last of the instalments agreed or determined as mentioned in paragraph (3) above falls to be paid, the amount of a relevant component for the current year for the time being calculated pursuant to regulation 5(2) or (3) (“the relevant amount”) is greater or less than the amount of that component which was last so calculated (“the previous amount”).
7
Where paragraph (6) above applies —
a
in a case where the relevant amount is greater than the previous amount, the participant authority shall pay to the designated authority an amount equal to the difference between those amounts; and
b
in a case where the relevant amount is less than the previous amount, the designated authority shall pay to the participant authority an amount equal to the amount by which the previous amount exceeds the relevant amount.
8
Any amount payable by a participant authority or the designated authority by virtue of paragraph (7) above shall be paid on or before such date as those authorities may agree or, in default of such agreement, such date (being not less than one month and not more than three months after the date of notification of the relevant amount) as the designated authority may determine.
9
Where any payment by a participant authority in respect of the component in respect of principal for the current year is calculated otherwise than in accordance with the Schedule, the authority shall, in relation to the payment, determine amounts (which may be nil) which are attributable to —
a
in a case where the relevant authority is a housing authority, each of the modified housing amount, the modified non-housing amount, relevant housing advances, relevant non-housing advances, relevant housing SCAs and relevant non-housing SCAs; and
b
in any other case, each of the modified relevant amount, relevant non-housing advances and relevant non-housing SCAs;
and the participant authority shall inform the designated authority of the amounts so determined when making the payment.
Interest
7
1
Interest shall be payable on any amount which has become payable by virtue of these Regulations and has not been paid by the date on or before which it is required to be paid (“the due date”).
2
Interest payable under paragraph (1) above —
a
shall be calculated in accordance with such method as may have been agreed between the authority by whom and the authority to whom the unpaid amount is payable or, in default of such agreement, shall be simple interest calculated on that amount in respect of the period beginning with the due date and ending with the day before the day on which the amount is paid at a rate equivalent to two per cent above the highest base rate quoted by any of the reference banks at any time during that period; and
b
shall be paid at the same time as the amount is paid.
3
For the purposes of paragraph (2) above, the reference banks are the seven largest institutions —
a
authorised by the Bank of England under the Banking Act 1987 ; and
b
incorporated in and carrying on a deposit-taking business within the United Kingdom,
which quote a base rate in sterling.
4
For the purposes of paragraph (3) above, the size of an institution is to be determined by reference to its consolidated gross assets denominated in sterling, as shown in its audited end-year accounts last published before the period for which interest is payable begins.
5
In this regulation —
“amount” includes a reference to an instalment, or any other part, of an amount;
“consolidated gross assets” of an institution is a reference to the gross assets of that institution together with any subsidiary (within the meaning of section 736 of the Companies Act 1985 ); and
“deposit-taking business” has the meaning given in section 6 of the Banking Act 1987 but subject to any order under section 7 of that Act.
Voluntary additional payments
8
1
Subject to paragraph (2) below, a participant authority may at any time make such additional payments as it thinks fit to the designated authority in respect of amounts payable, or likely to be payable, by virtue of these Regulations in respect of a financial year.
2
Before making a payment by virtue of paragraph (1) above, the participant authority shall give written notice to the designated authority of not less than such number of days as those authorities may agree or, in default of such agreement, 21 days.
3
Paragraph (9) of regulation 6 shall apply in relation to a payment made by virtue of paragraph (1) above as it applies in relation to a payment mentioned in that paragraph of that regulation.
Modification of the 1990 Regulations
9
The 1990 Regulations shall apply in relation to the designated authority or, as the case may be, a participant authority as if —
a
in regulation 1 (citation, commencement and interpretation), the following paragraph were inserted after paragraph (2) —
3
In these Regulations, “the Payments to Designated Authorities Regulations ” means the Local Government Changes for England (Payments to Designated Authorities) (Minimum Revenue Provision) Regulations 1995.
;
b
in regulation 2 (expenditure to be expenditure for capital purposes), the following paragraph were added after paragraph (10) —
11
Expenditure by a local authority in making a payment under regulation 8(1) of the Payments to Designated Authorities Regulations shall be expenditure for capital purposes.
;
c
in regulation 12 (sums to be capital receipts), the following were added after paragraph (d) —
and
e
any sum received by a local authority which is paid by another local authority under regulation 8(1) of the Payments to Designated Authorities Regulations
;
d
in regulation 26 (minimum revenue provision for subsequent financial years) the following paragraph were added after paragraph (7) —
7A
In relation to a local authority which is a designated authority for the purposes of the Payments to Designated Authorities Regulations, A in the formula in paragraph (7) above shall be reduced by the amount (if any) by which any component in respect of principal calculated for the financial year concerned in accordance with paragraph 2 of the Schedule to those Regulations is reduced by virtue of paragraph 3 of that Schedule.
; and
e
in Part I of Schedule 1 (reserved part of capital receipts: England and Wales), after paragraph 5B there were added, in column (1), “5C. Sums which are capital receipts by virtue of regulation 12(e).” and, in column (2), “100%percnt;”.
Supply of information by designated authority
10
1
A participant authority may, at any time, request the designated authority to supply such information (including estimates) relating to any of the matters mentioned in paragraph (2) below as may be specified in the request; and, the designated authority shall, as soon as is reasonably practicable, supply the information.
2
The matters referred to in paragraph (1) above are —
a
any calculations made by the designated authority pursuant to these Regulations in relation to any of the participant authorities; and
b
any amounts which are, by virtue of these Regulations, payable or likely to be payable by the participant authority in respect of any financial year.
Disputes
11
1
Any question as to the interpretation or application of any provision of these Regulations may be determined by a person agreed on by the parties concerned or, in default of their agreement, appointed by the Secretary of State; and where any difference arises between the designated authority and a participant authority in relation to any determination or calculation made by the designated authority pursuant to these Regulations, that difference shall be determined by such a person.
2
Section 31 of the Arbitration Act 1950 shall have effect for the purposes of a determination under this regulation by any person mentioned in paragraph (1) above as if such a determination were an arbitration under any other Act within the meaning of that section.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
9th November 1995


text:
Citation and commencement
1
These Regulations may be cited as the Rail Crossing Extinguishment and Diversion Orders, the Public Path Orders and the Definitive Maps and Statements (Amendment) Regulations 1995 and shall come into force on 29th March 1995.
Amendment of the Rail Crossing Extinguishment and Diversion Orders Regulations 1993
2
The Rail Crossing Extinguishment and Diversion Orders Regulations 1993 shall be amended as follows —
a
in paragraph (1) of regulation 2 for “in the form in Part I of Schedule 1” there shall be substituted “in the form set out in Form 1 in Schedule 1”;
b
in paragraph (2) of regulation 2 for “in the form in Part 2 of Schedule 1” there shall be substituted “in the form set out in Form 2 in Schedule 1”; and
c
for the list of areas and persons in Schedule 4 there shall be substituted the list set out in the Schedule hereto.
Amendment of the Town and Country Planning (Public Path Orders) Regulations 1993
3
The Town and Country Planning (Public Path Orders) Regulations 1993 shall be amended as follows —
a
in Form 2 in Schedule 2 for the two references to “paragraph [7] [8] of Schedule 14” there shall be substituted in each case “paragraph 7 of Schedule 14”; and
b
for the list of areas and persons in Schedule 3 there shall be substituted the list set out in the Schedule hereto.
Amendment of the Public Path Orders Regulations 1993
4
The Public Path Orders Regulations 1993 shall be amended as follows —
a
for paragraphs (1) and (2) of regulation 2 there shall be substituted:
2
1
An order shall be in the appropriate form set out in Schedule 1 to these Regulations, or in a form substantially to the like effect, as follows —
a
the form of order for a public path creation order shall be Form 1;
b
the form of order for a public path diversion order shall be Form 2;
c
the form of order for a public path extinguishment order shall be Form 3.
2
An order shall at the end be sealed and dated.;
b
for Schedule 1 there shall be substituted:
SCHEDULE 1
FORMS OF ORDER
; and
c
for the list of areas and persons in Schedule 3 there shall be substituted the list set out in the Schedule hereto.
Amendment of the Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993
5
The Wildlife and Countryside (Definitive Maps and Statements) Regulations 1993 shall be amended as follows —
for the list of areas and persons in Schedule 6 there shall be substituted the list set out in the Schedule hereto except that in column 2 of that table, after “Auto-Cycle Union” there shall be added “British Driving Society”.
Signed by authority of the Secretary of State
Robert Atkins
Minister of State
Department of the Environment
15th February 1995
John Redwood
Secretary of State for Wales
24th February 1995


text:
Citation and commencement
1
These rules may be cited as the Land Registration (Overriding Leases) Rules 1995 and shall come into force on 1st January 1996.
Statement to be inserted in an overriding lease
2
The statement required by section 20(2) of the Landlord and Tenant (Covenants) Act 1995 to be inserted into an overriding lease granted under section 19 of that Act shall in relation to a registrable lease be in the following form:
This lease is granted under section 19 of the Landlord and Tenant (Covenants) Act 1995 and is ( or is not) a new tenancy for the purposes of section 1 of that Act.
Mackay of Clashfern, C.
Dated 6th December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cumbria Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 7th July 1995.
2
In this Order —
“the Authority” means the North Cumbria Health Authority;
“the Trust” means the Cumbria Ambulance Service 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 8th November 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 7th July 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
8th June 1995


text:
Citation and commencement
1
These Regulations may be cited as the Personal Equity Plan (Amendment) Regulations 1995 and shall come into force on 6th July 1995.
Interpretation
2
In these Regulations “the principal Regulations ” means the Personal Equity Plan Regulations 1989 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
1
In regulation 2(1)(a) —
a
after the definition of “the Board” there shall be inserted —
“company” means any body corporate having a share capital other than —
a building society within the meaning of the Building Societies Act 1986 ,
an incorporated friendly society established under the Friendly Societies Act 1992 ,
an industrial and provident society registered under the Industrial and Provident Societies Act 1965 , and
a body corporate which is a 51 per cent. subsidiary of any such building society, incorporated friendly society or industrial and provident society;
“51 per cent. subsidiary” and “75 per cent. subsidiary” have the meaning given by section 838 of the Taxes Act;
b
after the definition of “savings-related share option scheme” there shall be inserted —
“security” means any loan stock or similar security of a company whether secured or unsecured;
c
after the definition of “single company plan” there shall be inserted —
“venture capital trust” has the meaning given by section 842AA of the Taxes Act ;.
2
For the Table in regulation 2(2) there shall be substituted —
Term defined Regulation
Annual claim 20 Designated company 4A(1)(a) Interim claim 19 Other qualifying shares 6(2)(ab) Paired shares 6B(4) Plan 4(1) Qualifying EC shares 6(2)(aa) Qualifying individual 7 Qualifying investments for general plans 6 Qualifying investments for single company plans 6B Qualifying securities 6(2)(ac) Subscription limit 4(4)
4
In regulation 4(6)(e) —
a
in paragraph (i) after the word “shareholders'” there shall be inserted the words “, securities holders'”;
b
in paragraph (iii) after the word “shareholders” there shall be inserted the words “, securities holders”.
5
In regulation 5 —
a
in paragraph (4) after the word “dividends,” there shall be inserted the word “interest,”;
b
in paragraph (5)(a) for the words “, not being shares in an investment trust,” there shall be substituted the words “or securities”.
6
1
In regulation 6(2) —
a
after sub-paragraph (aa) there shall be inserted —
ab
shares other than ordinary shares (“other qualifying shares”), not being shares in an investment trust, authorised credit institution or European authorised credit institution, which —
i
have been issued by a company which is incorporated in a member State, and
ii
are quoted on the official list of a recognised stock exchange in a member State;
ac
securities (“qualifying securities”), not being securities of an investment trust or authorised credit institution, which have been issued by a company which is incorporated in the United Kingdom and which satisfy at least one of the conditions specified in paragraph (2B) and all of the conditions specified in paragraph (2C);
b
for sub-paragraph (b) there shall be substituted —
b
units in an authorised unit trust or a fund of funds which, except in the circumstances described in paragraph (4), satisfies the relevant condition specified in paragraph (3);
c
after sub-paragraph (b) there shall be inserted —
ba
shares in, and securities satisfying the conditions specified in paragraph (2C) of, an investment trust which, except in the circumstances specified in paragraph (4), satisfies the relevant condition specified in paragraph (3);
d
in sub-paragraph (c) after “(aa)” there shall be inserted “, (ab), (ac)”.
2
After regulation 6(2A) there shall be inserted —
2B
The conditions specified in this paragraph are —
a
that the ordinary shares in the company issuing the securities are quoted on the official list of a recognised stock exchange in a member State;
b
that the securities are so quoted;
c
that the company issuing the securities is a 75 per cent. subsidiary of a company whose ordinary shares are so quoted.
2C
The conditions specified in this paragraph are —
a
that at the date of issue and throughout the period of the loan the securities —
i
carry a right to interest at a fixed rate (expressed as a percentage of the loan), or
ii
carry a right to interest at a series of fixed rates (expressed as percentages of the loan), having effect consecutively, or
iii
carry no right to interest;
b
that the securities are denominated in sterling;
c
that, judged at the date when each of the securities is first held under the plan, the terms on which it was issued do not —
i
require the loan to be repaid or the security to be re-purchased or redeemed, or
ii
allow the holder to require the loan to be repaid or the security to be re-purchased or redeemed except in circumstances which are neither certain nor likely to occur,
within the period of five years from that date;
d
that the securities —
i
are not deep gain securities for the purposes of Schedule 11 to the Finance Act 1989 ; and
ii
do not fall by virtue of paragraph 21(2), 22(2), 22A(2) or 22B(3) of that Schedule to be treated as deep gain securities as mentioned in the paragraph concerned.
3
In regulation 6(3) —
a
in sub-paragraph (a) for paragraphs (i) and (ii) there shall be substituted —
i
ordinary shares (not being shares in an investment trust) issued by companies which are incorporated in the United Kingdom, or
ii
qualifying EC shares and other qualifying shares and shares which would be qualifying EC shares or other qualifying shares if they were quoted on the official list of a recognised stock exchange in a member State, or
iii
securities which would be qualifying securities if paragraph (2C)(c) required the terms on which they were issued to be judged at the date when they first became subject to the trusts of the scheme and securities which would be qualifying securities if they satisfied one of the conditions specified in paragraph (2B) and paragraph (2C)(c) so required, or
iv
shares in, and securities satisfying the conditions specified in paragraph (2C) of, an investment trust where at least 50 per cent. in value of the investments held by that trust are shares referred to in paragraph (i) or (ii), securities which would be qualifying securities if paragraph (2C)(c) required the terms on which they were issued to be judged at the date when they were first held by that trust and securities which would be qualifying securities if they satisfied one of the conditions specified in paragraph (2B) and paragraph (2C)(c) so required;
b
in sub-paragraph (b) for the words from “ordinary shares” to the end of the sub-paragraph there shall be substituted “shares or securities referred to in paragraph (i), (ii) or (iii) of sub-paragraph (a)”;
c
in sub-paragraph (c) for paragraphs (i), (ii) and (iii) there shall be substituted —
i
shares or securities referred to in paragraph (i), (ii), (iii) or (iv) of sub-paragraph (a), or
ii
units in an authorised unit trust where at least 50 per cent. in value of the investments subject to the trusts of the scheme are shares or securities referred to in paragraph (i), (ii) or (iii) of sub-paragraph (a).
4
For regulation 6(5)(a) there shall be substituted —
5
Paragraph (3) shall be modified for the purposes of paragraph (4) —
a
by adding at the end of paragraph (i) of sub-paragraph (a) the words “or other quoted shares” ;
b
by substituting for paragraphs (ii) to (iv) of sub-paragraph (a) —
ii
shares in an investment trust where at least 50 per cent. in value of the investments held by that trust are such ordinary shares or other quoted shares;
c
by substituting for the words “shares or securities referred to in paragraph (i), (ii) or (iii) of sub-paragraph (a)” in sub-paragraph (b) the words “shares referred to in paragraph (i) of sub-paragraph (a) or other quoted shares;”
d
by substituting for paragraphs (i) and (ii) of sub-paragraph (c) —
i
shares referred to in paragraph (i) or (ii) of sub-paragraph (a), or
ii
units in an authorised unit trust where at least 50 per cent. in value of the investments subject to the trusts of the scheme are such ordinary shares or other quoted shares.
5
In regulation 6(6) for the words ““other qualifying shares”” there shall be substituted the words ““other quoted shares” ”.
6
After regulation 6(6) there shall be added —
7
In this regulation “authorised credit institution” means an institution authorised under the Banking Act 1987 and includes a company which is a 51 per cent. subsidiary of such an institution; and “European authorised credit institution” means an institution which is a European authorised institution for the purposes of the Banking Co-ordination (Second Council Directive) Regulations 1992 and includes a company which is a 51 per cent. subsidiary of such an institution.
7
In regulation 6B (2) (a) after the words “investment trust” there shall be inserted the words “or a venture capital trust”.
8
In regulation 17 for paragraph (1) there shall be substituted —
1
Subject to these Regulations —
a
no tax shall be chargeable on the plan manager or his nominee or on the plan investor in respect of interest, dividends, distributions or gains in respect of plan investments or on any annual profits or gains treated by section 714(2) of the Taxes Act as having been received by any of them in respect of plan investments;
b
losses in respect of plan investments shall be disregarded for the purposes of capital gains tax; and
c
relief in respect of tax shall be given in the manner and to the extent provided by these Regulations.
9
In regulation 24A(3)(a) after paragraph (i) there shall be inserted —
ia
other qualifying shares and qualifying securities,
.
10
In regulation 27(3) for the words “or qualifying EC shares” there shall be substituted the words “, qualifying EC shares, other qualifying shares or qualifying securities” and at the end there shall be added the words “or securities”.
Derek Conway
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
14th June 1995


text:
1
This Order may be cited as the Value Added Tax (Land) Order 1995 and shall come into force on 1 March 1995.
2
Group 1 (Land) of Schedule 9 to the Value Added Tax Act 1994 shall be amended in accordance with articles 3 to 7 of this Order.
3
For Note (1) there shall be substituted —
1
“Grant” includes an assignment or surrender and the supply made by the person to whom an interest is surrendered when there is a reverse surrender.
4
After Note (1) there shall be inserted —
1A
A “reverse surrender” is one in which the person to whom the interest is surrendered is paid by the person by whom the interest is being surrendered to accept the surrender.
5
In Note (3) for the words “Notes (2) to (6)” there shall be substituted “Notes (2) to (10) and (12)”.
6
In Note (7) after the words “paragraph 6(1) of Schedule 10” there shall be inserted “(except where that paragraph applies by virtue of paragraph 5(1)(b) of that Schedule)”.
7
In Note (11)(a) for the words “Note (7)” there shall be substituted “Note (13)”.
Tim Wood
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
8th February 1995


text:
Title and commencement
1
This Order may be cited as the Greater Glasgow and Clyde Valley Tourist Board Scheme Order 1995 and shall come into force on 31st August 1995.
Interpretation
2
In this Order —
“ the scheme ”means the Greater Glasgow and Clyde Valley Tourist Board Scheme 1995;
“ the Board ”means the Greater Glasgow and Clyde Valley Tourist Board;
“existing Board”means any area tourist organisation which is to be wound up and dissolved in accordance with paragraph 11(2) of the scheme; and
“local government area”shall be construed in accordance with section 1(2) of the Local Government etc. (Scotland) Act 1994.
The Scheme
3
1
Subject to paragraph (2), the scheme set out in the Schedule to this Order shall have effect, as from 1st April 1996, for the establishment of the Board for the local government areas of City of Glasgow, East Dunbartonshire, East Renfrewshire, Inverclyde, North Lanarkshire, Renfrewshire and South Lanarkshire.
2
The scheme shall have effect from the date of coming into force of this Order in relation to —
a
the constitution of the Board;
b
the carrying out by the Board of any functions necessary to bring the scheme into operation on 1st April 1996; and
c
the winding up of an existing Board.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
12th July 1995


text:
Citation, extent, commencement and interpretation
1
1
These Regulations, which extend to Great Britain, may be cited as the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1995 and shall come into force on 26th May 1995.
2
In these Regulations, “the principal Regulations ” means the Electrical Equipment for Explosive Atmospheres (Certification) Regulations 1990 .
Amendment to the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) —
a
at the end of the definition of “the First Specific Directive” there shall be added “and as further adapted to technical progress by Commission Directive 94/26/ EC ”; and
b
at the end of the definition of “the Gassy Mines Directive” there shall be added “and as further adapted to technical progress by Commission Directive 94/44/EC ”.
3
For regulation 12 of the principal Regulations there shall be substituted the following:
Transitional provisions
12
1
Subject to paragraph (3) below, on or after the coming into force date of the Electrical Equipment for Explosive Atmospheres (Certification) (Amendment) Regulations 1995 (in this regulation referred to as “the effective date”), a manufacturer of electrical equipment may apply to a certification body (which has been appointed for the purpose set out in regulation 3(1)(a) of the unamended Regulations in respect of the electrical equipment for which the application is made) for a certificate of conformity attesting that the electrical equipment which is the subject of the application conforms to the harmonised standards prescribed for that equipment in the unamended Regulations; and in that case the provisions of the unamended Regulations, as appropriate, shall apply as if the application had been made under regulation 4 of those Regulations.
2
Subject to paragraph (3) below, an application for a certificate of conformity made under regulation 4 or for review under regulation 7 of the unamended Regulations before the effective date shall continue to be dealt with under the unamended Regulations.
3
No certificate of conformity shall be issued by a certification body under paragraph (1) or (2) above —
a
in respect of electrical equipment to which the Framework Directive applies, after 29th February 1996; or
b
in respect of electrical equipment to which the Gassy Mines Directive applies, after 31st December 1996.
4
Subject to regulation 6 and without prejudice to paragraph (5) below, a certificate of conformity issued in accordance with the unamended Regulations —
a
before 1st March 1996 in respect of electrical equipment to which the Framework Directive applies; or
b
before 1st January 1997 in respect of electrical equipment to which the Gassy Mines Directive applies,
irrespective of whether such certificate was issued before, on or after the effective date, shall be regarded as in force for the purposes of regulation 11 (use of the distinctive Community mark) up to and including 30th June 2003.
5
Subject to regulation 6, a certificate of conformity issued before 1st January 1993 in accordance with regulation 12 of the unamended Regulations applying the harmonised standards in force immediately before 31st December 1991 shall be regarded as in force for the purposes of regulation 11 up to and including 30th June 2003.
6
In this regulation “the unamended Regulations” means these Regulations as in force immediately before the effective date.
Ian Taylor
Parliamentary Under Secretary of State for Trade and Technology,
Department of Trade and Industry
1st May 1995


text:
Citation
1
This Order may be cited as the Companies Act 1989 (Commencement No. 15 and Transitional and Savings Provisions) Order 1995.
Interpretation
2
1
In this Order: —
“the 1985 Act ” means the Companies Act 1985 ;
“the 1986 Act ” means the Insolvency Act 1986 ;
“the 1989 Act ” means the Companies Act 1989,
and, unless the context otherwise requires, any expression used in this Order which is also used in Part XVIII of the 1985 Act shall have the same meaning as in that Part.
2
Any reference in this Order to an instrument to which article 5, 6 or 7 of this Order applies is a reference to: —
a
an instrument creating a floating charge which is executed by a company before 3rd July 1995, and
b
an instrument of alteration under section 466 of the 1985 Act which is executed by all the parties thereto before that date.
Provisions of the 1989 Act commenced by this Order
3
Subject to articles 4 to 8 of this Order, the following provisions of the 1989 Act shall come into force on 3rd July 1995, namely: —
a
section 140(1) to (6);
b
paragraph 20 of Schedule 19, together with section 145 so far as it extends to that paragraph; and
c
section 212 and Schedule 24 insofar as is necessary to effect the repeal of —
i
the word “and” at the end of section 464(5)(c) of the 1985 Act; and
ii
the definition of “annual return” in section 744 of the 1985 Act.
Transitional and Savings Provisions
4
The amendment made to section 463(1) of the 1985 Act by section 140(1) of the 1989 Act shall not apply to any floating charge created by a company where the commencement of the winding up of the company takes place before 3rd July 1995.
5
The amendment made to section 464(1)(b) of the 1985 Act by section 140(3) of the 1989 Act shall not have effect with respect to any provision such as is mentioned in section 464(1)(b) of the 1985 Act which is contained in an instrument to which this article applies by virtue of article 2(2) of this Order.
6
Section 464(1A) of the 1985 Act, which is inserted into that Act by section 140(4) of the 1989 Act, shall not have effect with respect to any provision such as is mentioned in section 464(1)(a) of the 1985 Act which is contained in an instrument to which this article applies by virtue of article 2(2) of this Order.
7
Section 464(3) of the 1985 Act, as substituted by section 140(5) of the 1989 Act, shall not have effect with respect to an instrument to which this article applies by virtue of article 2(2) of this Order.
8
The amendment made to section 464(5) of the 1985 Act by section 140(6) of the 1989 Act shall only have effect in any case where, on or after 3rd July 1995, a holder of a floating charge has received intimation in writing of the registration (whether that registration was before, on or after that date) of another floating charge as mentioned in section 464(5) of the 1985 Act.
Jonathan Evans,
Parliamentary Under-Secretary of State,
Department of Trade and Industry
20th May 1995