text:
Title and commencement
1
These Regulations may be cited as the Medicines (Medicated Animal Feeding Stuffs) (Amendment) Regulations 1994 and shall come into force on 1st July 1994.
Amendment
2
The Medicines (Medicated Animal Feeding Stuffs) ( No. 2) Regulations 1992 shall be amended in accordance with the following regulations.
3
For regulation 3 (Register of manufacturers of animal feeding stuffs) there shall be substituted the following regulation:
Register of manufacturers of animal feeding stuffs
3
1
For the purposes of these Regulations the registrar and the Department shall each continue to keep a Register comprising parts A and B, each being a list of persons entitled in the course of a business carried on by them —
a
as to Part A —
i
to incorporate medicinal products in any animal feeding stuff on premises in respect of which their names are entered in that Part of the Register,
ii
to store on those premises any animal feeding stuff in which they have incorporated medicinal products, and
iii
to place on the market such animal feeding stuffs; and
b
as to Part B —
i
to incorporate medicinal products in any animal feeding stuff on premises in respect of which their names are entered in that Part of the Register at a rate of at least 2 kilograms per tonne, or to incorporate such products in any animal feeding stuff by way of mobile mixing equipment at that rate,
ii
to store on premises in respect of which their names are entered in that Part of the Register any animal feeding stuff in which they have incorporated medicinal products, and
iii
to place on the market such animal feeding stuffs.
2
Where a person carrying on a business —
a
elsewhere than in Northern Ireland, applies in writing to the registrar, or
b
in Northern Ireland, applies in writing to the Department,
for his name to be entered in Part A or Part B of the Register in respect of any premises on which any medicinal product is to be incorporated in an animal feeding stuff by him in the course of that business or, in the case of a person using mobile mixing equipment, in respect of the premises where that equipment is normally kept, the registrar or the Department as the case may be shall, subject to paragraphs (3) and (4) below, enter his name in Part A or Part B of the Register in respect of those premises.
3
The registrar or the Department shall refuse to enter in the Register the name of any person in respect of any premises unless that person has paid the appropriate fee and has given a written undertaking that he will comply with the relevant Code of Practice.
4
The registrar with the approval of the Minister, or the Department, may refuse to enter in the Register the name of any person in respect of any premises if, in the opinion of the registrar or the Department (as the case may be), that person cannot demonstrate that he has taken all reasonable steps to ensure that he will comply with the provisions of the relevant Code of Practice.
5
A person whose name is entered in the Register in respect of any premises shall, in order to retain his name in the Register in respect of those premises in any year subsequent to the year in which his name is first entered in it, in the month of July in 1994, and thereafter in the month of April in any subsequent year, make a written application to the registrar or the Department (as the case may be) for his name to be retained in the Register in respect of those premises.
6
The registrar or the Department shall refuse to retain in the Register in any year subsequent to the year in which his name is first entered in it the name of any person in respect of any premises unless that person has, on or before 31st July in 1994, and thereafter on or before 30th April in any subsequent year, paid the appropriate fee.
7
A person whose name is removed from the Register in respect of any premises by reason only that he failed either to make proper application for the retention of his name or to pay the appropriate fee in accordance with paragraphs (5) and (6) above respectively, may, in order to restore his name to the Register in respect of those premises, make a written application, within 11 months of the expiry of the registration, for his name to be restored to the Register in respect of those premises.
8
The registrar or the Department shall refuse to restore to the Register the name of any person in respect of any premises unless that person, having made proper application in accordance with paragraph (7) above, has paid the appropriate fee.
9
The registrar with the approval of the Minister, or the Department, may refuse to retain in or to restore to, or may remove from, the Register the name of any person in respect of any premises if, in the opinion of the registrar or the Department (as the case may be), that person has failed to comply with any of the provisions of the relevant Code of Practice.
10
The registrar or the Department may remove from the Register the name of any person entered in it in respect of any premises, at the request of that person.
11
The registrar and the Department, on or before 1st October every year, shall each supply to the Minister a copy of the Register, certified to be a true copy of it as at a date specified in the certificate, not being later than 1st September in the year in question, and shall at monthly intervals supply to the Minister copies of amendments made to the Register in each month following the date specified in the certificate.
12
In this regulation —
“the appropriate fee” means the fee for the entry or retention in, or restoration to, the Register, specified in Schedule 3, and
“the relevant Code of Practice” means, in relation to entry in Part A of the Register, the Code of Practice for Category A Registered Manufacturers of Medicated Animal Feeding Stuffs, and in relation to entry in Part B of the Register, the Code of Practice for Category B Registered Manufacturers of Medicated Animal Feeding Stuffs, both published by the Ministry of Agriculture, Fisheries and Food in December 1991.
.
4
In regulation 6 (Restrictions on placing on the market and importation of animal feeding stuffs in which medicinal products have been incorporated) —
a
in paragraph (3) —
i
after the words “animal feeding stuff” where they first appear there shall be inserted the words “which has not been imported”,
ii
in sub-paragraph (a)(i) for the words “pursuant to Council Directive 90/167/ EEC ” there shall be substituted the words “and with any undertaking in respect of the relevant Code of Practice given pursuant to regulation 3(3)”, and
iii
in sub-paragraph (a)(ii) the words “or imported” shall be omitted;
b
in paragraph (5) after the word “import” there shall be inserted the words “other than from a member State”, and after the word “incorporated” there shall be inserted the words “and place such feeding stuff on the market”; and
c
for paragraph (6) there shall be substituted the following paragraph:
6
No person shall import from a member State any animal feeding stuff in which a prescription only medicine has been incorporated, and place such feeding stuff on the market, unless that feeding stuff —
a
complies with the provisions of Article 10.1, 1st indent, of Council Directive 90/167/EEC , and
b
each imported consignment is accompanied by a certificate in the form, including the note thereto, set out Schedule 1.
.
5
In regulation 8 (Restrictions on placing on the market final medicated feeding stuff containing medicinal products) for paragraph (7) there shall be substituted the following paragraph:
7
No person shall, in the course of a business carried on by him, place on the market any final medicated feeding stuff in which a prescription only medicine has been incorporated unless —
a
in the case of a feeding stuff which has not been imported, it has been manufactured in accordance with the provisions of these Regulations and with any undertaking given pursuant to regulation 3(3), or
b
in the case of a feeding stuff which has been imported other than from a member State, it has been manufactured in accordance with the provisions of Council Directive 90/167/EEC , or
c
in the case of a feeding stuff which has been imported from a member State, it complies with the provisions of Article 10.1, 1st indent, of that Council Directive.
.
6
For regulation 9 (Restriction on use of medicated animal feeding stuffs) there shall be substituted the following regulation:
Restriction on use of medicated animal feeding stuffs
9
No person shall use any medicated animal feeding stuff in which a prescription only medicinal product has been incorporated unless —
a
in the case of a feeding stuff which has not been imported, it has been manufactured in accordance with the provisions of these Regulations and with any undertaking given pursuant to regulation 3(3), or
b
in the case of a feeding stuff which has been imported other than from a member State, it has been manufactured in accordance with the provisions of Council Directive 90/167/EEC , or
c
in the case of a feeding stuff which has been imported from a member State, it complies with the provisions of Article 10.1, 1st indent, of that Council Directive.
.
7
In Schedule 2 (Veterinary Written Direction) in Note 2 at the end of Section IV , for the words “if any part of Section IV” there shall be substituted the words “If part 1 of Section IV”.
8
After Schedule 2 there shall be added the Schedule set out in the Schedule to these Regulations.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
7th June 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
9th June 1994
Signed by authority of the Secretary of State for Wales
Wyn Roberts
Minister of State, Welsh Office
7th June 1994
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this
P. T. Toal
Assistant Secretary
9th day of June 1994.
We consent
Timothy Wood
Andrew MacKay
Two of the Lords Commissioners of Her Majesty’s Treasury
8th June 1994


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 1994 and shall come into force on 5th August 1994.
2
The Motor Vehicles (Driving Licences) Regulations 1987 shall be amended in accordance with regulation 3 below.
3
1
In regulation 24(d) (Disabilities), in paragraph (2), for the words from “the conditions that” to the end of the paragraph there shall be substituted —
the following conditions, namely that he shall —
a
Lhave been free from any epileptic attack during the period of one year immediately preceding the date when the licence is granted; or
b
have had an epileptic attack whilst asleep more than three years before the date when the licence is granted and shall have had attacks only whilst asleep between the date of that attack and the date when the licence is granted;
and that the driving of a vehicle by him in accordance with the licence is not likely to be a danger to the public.
.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
12th July 1994


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Uzbekistan) Order 1994.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of Uzbekistan with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Uzbekistan;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Uzbekistan concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government (Direct Labour Organisations) (Competition) (Exemption) (England) Regulations 1994 and shall come into force on 31st March 1994.
2
In these Regulations —
“ the Act ” means the Local Government, Planning and Land Act 1980;
“housing action trust” means a housing action trust established by order coming into force on 30th June 1993 ;
“local authority” means a district council in England, a London borough council or the Common Council of the City of London in its capacity as a local authority.
Description of works contract to which section 7(1) of the Act does not apply
2
Section 7(1) of the Act shall not apply to a works contract which satisfies the following conditions —
a
the contract is made between a local authority and a housing action trust;
b
the contract provides for the local authority to carry out work for the housing action trust in connection with property which has vested in the housing action trust and which was, immediately before so vesting, in the ownership of the local authority;
c
the work to be carried out under the contract is of the same description as work which was, immediately before the property so vested, carried out in connection with the property by the local authority as functional work after complying with the requirements of section 9 of the Act and any regulations made under that section in respect of that work;
d
without prejudice to paragraph (e), the contract does not provide for work to be carried out —
i
on or after the date when, if the work had continued to be functional work, the local authority would not have been permitted to continue to carry it out unless they had invited further offers to undertake the work in accordance with section 9 of the Act and any regulations made under that section, or
ii
if that date would have been less than three months after the property vested in the housing action trust, more than three months after the property so vested; and
e
the contract does not provide for work to be carried out more than 12 months after the property so vested.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
7th March 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Areas) (London Boroughs of Bromley, Hammersmith and Fulham and Lewisham) (Amendment No.2) Order 1994 and shall come into force on 17th June 1994.
Interpretation
2
In this Order, unless the context otherwise requires, —
“the principal Order ” means the Road Traffic (Special Parking Areas) (London Boroughs of Bromley, Hammersmith and Fulham and Lewisham) (London Borough of Wandsworth) (Amendment) Order 1993 ;
“the 1984 Act” and “the 1991 Act” have the same meanings as in the principal Order; and a reference to a Schedule followed by a number is a reference to the Schedule to this Order bearing that number.
Amendment of the principal Order.
3
1
The principal Order shall have effect as if —
a
the areas referred to in Schedule 1 were included in the special parking area designated by article 4(1)(a) of the principal Order;
b
the areas referred to in Schedule 2 were included in the special parking area designated by article 4(1)(b) of the principal Order; and
c
the areas referred to in Schedule 3 were included in the special parking area designated by article 4(1)(c) of the principal Order.
2
Article 5 (modification of the 1984 Act) and article 6 (modification of the 1991 Act) of the principal Order shall apply in relation to the areas referred to in Schedules 1, 2 and 3 as they apply to the special parking areas designated by article 4 of that Order, so that references in article 5 or 6 to a special parking area shall be taken to include an area referred to in Schedule 1, 2 or 3 to this Order.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
19th May 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Non-Domestic Rating (Railways) and Central Rating Lists (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
2
In these Regulations, the “1989 Regulations” means the Central Rating Lists Regulations 1989 .
Railway hereditaments
2
1
In this regulation —
“1993 Act” means the Railways Act 1993 ;
“the Board” means the British Railways Board or any of its subsidiaries;
“excepted hereditament” means a hereditament consisting of or comprising —
premises used as a shop, hotel, museum or place of public refreshment;
premises used wholly or mainly as office premises occupied by a person designated by regulation 2 of, and named in Part 4 of the Schedule to, the 1989 Regulations, which are not situated on operational land of that person or of another person so designated and named;
premises or rights so let out as to be capable of separate assessment (other than those falling within paragraph (2)(a)(ii) or (3)(a)(ii); and
premises (other than premises used in connection with the collection and delivery of parcels, goods or merchandise conveyed or to be conveyed by rail) used wholly or in part for purposes concerned with the carriage of goods or passengers by road transport or sea transport or with harbours, or for purposes incidental to such purposes;
“heavy maintenance services” means the carrying out on locomotives and other rolling stock of maintenance services (including the detection and rectification of faults) other than light maintenance services (within the meaning given by section 82 of the 1993 Act);
“licence exempt operator” has the meaning given by section 10(6) of the 1993 Act;
“licence holder” has the meaning given by section 83(1) of the 1993 Act;
“the Railtrack group” means Railtrack PLC or any of its subsidiaries;
“railway services” has the meaning given by section 82(1) of the 1993 Act;
“subsidiary” has the meaning given by section 736 of the Companies Act 1985 and “subsidiaries” shall be construed accordingly;
any reference to a hereditament is to a non-domestic hereditament; and
any reference to a company or other body by name is a reference to the company or other body registered by or bearing that name at the date of coming into force of these Regulations.
2
Anything situated in England which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament and anything situated in Wales which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if —
a
it is —
i
occupied by or, if unoccupied, owned by the Board; or
ii
let or licensed by the Board to a licence exempt operator or a licence holder (other than the Railtrack group),
wholly or mainly for the purposes of providing railway services or heavy maintenance services, or for purposes ancillary to those purposes (including the purpose of exhibiting advertisements); and
b
it is not comprised in an excepted hereditament.
3
Anything situated in England which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament and anything situated in Wales which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if —
a
it is —
i
occupied by or, if unoccupied, owned by the Railtrack group; or
ii
let or licensed by the Railtrack group to a licence exempt operator or a licence holder (other than the Board),
wholly or mainly for the purposes of providing railway services or for purposes ancillary to those purposes (including the purpose of exhibiting advertisements); and
b
it is not comprised in an excepted hereditament.
4
The hereditaments described in paragraph (2) shall be treated as occupied by the British Railways Board and the hereditaments described in paragraph (3) shall be treated as occupied by Railtrack PLC.
Amendments to the 1989 Regulations: railways
3
Part 4 of the Schedule to the 1989 Regulations shall be amended —
a
by the deletion of the entry headed “ I. PROVISION IN THE CENTRAL RATING LISTS FOR BOTH ENGLAND AND WALES ”;
b
by the insertion, under the heading “ II. PROVISION IN THE CENTRAL RATING LIST FOR ENGLAND ”, of the following —
The British Railways Board The hereditament situated in England described in regulation 2(2) of the Non-Domestic Rating (Railways) and Central Rating Lists (Amendment) Regulations 1994 Railtrack PLC The hereditament situated in England described in regulation 2(3) of the Non-Domestic Rating (Railways) and Central Rating Lists (Amendment) Regulations 1994
; and
c
by the insertion, after the entry relating to The Tyne and Wear Passenger Transport Executive, of the following —
PROVISION IN THE CENTRAL RATING LIST FOR WALES
III
The British Railways Board The hereditament situated in Wales described in regulation 2(2) of the Non-Domestic Rating (Railways) and Central Rating Lists (Amendment) Regulations 1994 Railtrack PLC The hereditament situated in Wales described in regulation 2(3) of the Non-Domestic Rating (Railways) and Central Rating Lists (Amendment) Regulations 1994
.
Amendments to the 1989 Regulations: water undertakers
4
With effect from 1st September 1993 —
a
the designated person in respect of the description of hereditaments prescribed by regulation 2 of the 1989 Regulations in relation to East Worcestershire Water Company shall be Severn Trent Water Limited; and
b
Part 6 (Water Supply Hereditaments) of the Schedule to the 1989 Regulations shall be amended in the column headed “Designated person” under the heading “ II. PROVISION IN THE CENTRAL RATING LIST FOR ENGLAND ” by the deletion of “East Worcestershire Water Company”.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
21st March 1994
John Redwood
Secretary of State for Wales
20th March 1994


text:
Title and commencement
1
This Order may be cited as the European Parliament (Pay and Pensions) Act 1979 (Section 3 (Amendment) Order 1994 and shall come into force on 15th July 1994.
Resettlement grants to persons ceasing to be Representatives
2
For section 3 of the European Parliament (Pay and Pensions) Act 1979 there shall be substituted the following section: —
Resettlement grants to persons ceasing to be Representatives.
3
1
Where a person who is a Representative immediately before the end of any five-year period either —
a
did not stand for election to the European Parliament at the general election of representatives to the European Parliament held in that period; or
b
did so stand (whether for the same or a different constituency) at that election and was not elected,
he shall be entitled to a resettlement grant calculated in accordance with the following provisions of this section.
2
Where a person becomes entitled to a grant under this section at the end of any five year period, its amount shall be equal to the relevant percentage of a years salary under section 1 at the rate applicable to him immediately before the end of that period, the relevant percentage for this purpose being that shown in the following Table in relation to his age at the end of that period and the number of years for which he has served as a Representative before the end of that period.
TABLE
Percentage of Yearly Salary
Age Number of years of service Under 10 10 11 12 13 14 15 or over
Under 50 50 50 50 50 50 50 50 50 50 50 52 54 56 58 60 51 50 52 55 58 62 65 68 52 50 54 58 63 67 72 76 53 50 56 62 67 73 78 84 54 50 58 65 72 78 85 92 55 to 64 50 60 68 76 84 92 100 65 50 58 65 72 78 85 92 66 50 56 62 67 73 78 84 67 50 54 58 63 67 72 76 68 50 52 55 58 62 65 68 69 50 50 52 54 56 58 60 70 or over 50 50 50 50 50 50 50
3
In calculating for the purposes of subsection (2)
the number of years for which a person has served as a Representative before the end of the period in question, there shall be disregarded —
a
any fraction of a year for which he has so served; and
b
if he has become entitled to a grant under this section on any previous occasion, any period of service which for those purposes was on that occasion either taken into account or disregarded under paragraph (a).
4
In this section “five-year period” means a period of five years for which Representatives have been elected to the European Parliament; but if any such period is extended or curtailed, the references in this section to the end of that period shall be construed accordingly.
.
Michael Howard
One of Her Majestys Principal Secretaries of State
Home Office
1994


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Ro-Ro Passenger Ship Survivability) Regulations 1994 and shall come into force on 25th March 1994.
Interpretation.
2
1
In these Regulations —
“ Administration ” means the Maritime Administration of a party to the Agreement ;
“Agreement” means the Agreement dated 27th July 1993 and set out in Merchant Shipping Notice 1541 between the parties set out in appendix 1 to that notice and includes any amendment (including the addition of a party to that agreement) to the Agreement considered by the Secretary of State relevant from time to time and set out in a Merchant Shipping Notice ;
“Merchant Shipping Notice” means a Notice described as such and issued by the Department of Transport; and any reference to a particular Merchant Shipping Notice includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“non-UK ro-ro passenger ship” means a ro-ro passenger ship which is not a United Kingdom ro-ro passenger ship;
“post-1990 ship” means a passenger ship the keel of which was laid, or was at a similar stage of construction, on or after 29th April 1990 or a cargo ship which is converted to a passenger ship on or after that date;
“ro-ro passenger ship” means a passenger ship provided with cargo or vehicle spaces not normally subdivided in any way and extending to either a substantial length or the entire length of the ship in which vehicles or cargo can be loaded or unloaded in a horizontal direction;
“the 1980 Regulations ” means the Merchant Shipping (Passenger Ship Construction) Regulations 1980 ;
“the 1984 Regulations ” means the Merchant Shipping (Passenger Ship Construction and Survey) Regulations 1984 ;
“United Kingdom ro-ro passenger ship” means a ro-ro passenger ship which is a United Kingdom ship.
Amendment of existing Regulations.
3
1
In the 1980 Regulations regulation 11 shall be amended by the insertion at the beginning of paragraph (1)(a) of “Subject to the Merchant Shipping (Ro-Ro Passenger Ship Survivability) Regulations 1994”.
2
In the 1984 Regulations regulation 11A shall be amended by the insertion at the beginning of paragraph (2)(a) of “Subject to the Merchant Shipping (Ro-Ro Passenger Ship Survivability) Regulations 1994”.
Application
4
These Regulations apply —
a
to all United Kingdom ro-ro passenger ships when operating as ships of Classes I, II and IIA within the meaning of the 1984 Regulations; and
b
to all ro-ro passenger ships which are non-UK ships when operating as ships of those Classes, whilst they are in ports in the United Kingdom, which are not post-1990 ships.
Value of A/Amax.
5
1
The value of A/Amax for each ship shall be established by calculation in accordance with the annex to the Calculation Procedure to Assess the Survivability Characteristics of Existing Ro-Ro Passenger Ships When Using a Simplified Method Based Upon Resolution A.265( VIII ), developed by the Maritime Safety Committee of the International Maritime Organization at its fifty-ninth session in June 1991 ( MSC /Circ.574).
2
a
Subject to sub-paragraph (c) below, in the case of a ship operating to or from ports in the United Kingdom as a ship of Class I, II or IIA on 1st January 1994 a calculation made in accordance with paragraph (1) above, and the resulting value, shall be submitted by the owner to the Secretary of State for approval not later than 30th April 1994, unless the ship has ceased to operate in the area to which the Agreement relates at that latter date.
b
Subject to sub-paragraph (c) below, in the case of any ship for which the value and calculation have not been submitted under sub-paragraph (a) above, such value and calculation shall be submitted by the owner to the Secretary of State for approval not later than 3 months before the ship engages on any voyage.
c
Sub-paragraphs (a) and (b) shall not apply in relation to any ship for which the value of A/Amax has been approved by the Administration whose flag the ship is entitled to fly as being calculated in accordance with the annex mentioned in paragraph
1
above.
3
For the purposes of these Regulations the value of A/Amax for a ship shall be the value approved by the Secretary of State or, in the case of a ship mentioned in sub-paragraph (c) of paragraph (2) above, the Administration.
4
Any approval given pursuant to these Regulations shall be given in writing and shall specify the conditions (if any) on which it is given.
Construction.
6
1
Regulation 11 of the 1980 Regulations and regulation 11A of the 1984 Regulations shall cease to apply to a ship to which these Regulations apply on the date for compliance in respect of that ship determined in accordance with paragraph (2) below.
2
In addition to the requirements of regulation 10 of the 1980 Regulations or regulation 10 of the 1984 Regulations (as the case may be) every ship shall comply with the requirements of the Agreement relating to damage stability standards on and after the date for compliance set out in the tables below relevant to that ship:
A) FOR A SHIP WITH A ONE COMPARTMENT STANDARD OF SUBDIVISION
Value of A/Amax Date for compliance
less than 70% 1st October 1994 70% or more but less than 75% 1st December 1995 75% or more but less than 85% 1st December 1996 85% or more but less than 90% 1st December 1997 90% or more but less than 97% 1st December 1999 97% or more 1st December 2004
B) FOR A SHIP WITH A TWO COMPARTMENT STANDARD OF SUBDIVISION
Value of A/Amax Date for compliance
less than 70% 1st October 1994 70% or more but less than 75% 1st December 1996 75% or more but less than 85% 1st December 1998 85% or more but less than 90% 1st December 1999 90% or more but less than 97% 1st December 2004 97% or more 1st December 2007
Penalties.
7
1
If there is any contravention of regulation 5, the owner shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
2
If a ship to which these Regulations apply proceeds on any voyage without complying with the requirements of regulation 6(2), the owner and master of the ship shall each be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment, to imprisonment for a term not exceeding two years and a fine.
3
It shall be a good defence to a charge under this regulation to prove that the person charged took all reasonable steps to avoid committing the offence.
Power to detain
8
In any case where a ship does not comply with the requirements of these Regulations, the ship shall be liable to be detained and section 692(1)-(3) of the Merchant Shipping Act 1894 (which relates to the detention of a ship) shall have effect in relation to the ship, subject to the modification that for the words “this Act” wherever they appear, there shall be substituted the words “the Merchant Shipping (Ro-Ro Passenger Ship Survivability) Regulations 1994”.
Signed by authority of the Secretary of State for Transport
Mackay of Ardbrecknish
Parliamentary Under Secretary of State,
Department of Transport
25th February 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Calderdale Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 6th October 1994.
2
In this Order —
“the Authority” means the West Yorkshire Health Authority;
“the Trust” means the Calderdale Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 1st June 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
8th September 1994


text:
1
This Order may be cited as the Insurance Premium Tax (Prescribed Rates of Interest) Order 1994 and shall come into force on 1st October 1994.
2
For the purposes of paragraph 21 of Schedule 7 to the Finance Act 1994 the prescribed rate shall be 5.5 per cent. per annum.
3
For the purposes of paragraph 22 of Schedule 7 to the Finance Act 1994 the prescribed rate shall be 8 per cent. per annum.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
8th July 1994


text:
Citation, commencement, operation and extent
1
1
This Order may be cited as the Former Yugoslavia (United Nations Sanctions) Order 1994 and shall come into force on 19th October 1994.
2
If, after the making of this Order, the Security Council of the United Nations takes a decision which has the effect of cancelling or suspending in whole or in part the operation of the resolutions adopted by it on 17th April 1993 and 23rd September 1994, this Order shall cease to have effect or its operation shall be suspended, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend to the United Kingdom.
Interpretation
2
In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“the 1993 Order ” means the Serbia and Montenegro (United Nations Sanctions) Order 1993 ;
“Bosnian Serb controlled areas” means those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces;
“export” includes shipment as stores;
“exportation”, in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the United Kingdom of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“ship” has the meaning it bears in section 742 of the Merchant Shipping Act 1894 ;
“shipment” (and cognate expressions) and “stores” have the meaning they bear in the Customs and Excise Management Act 1979 ;
“vehicle” means land transport vehicle.
Exportation of goods to Bosnian Serb controlled areas and areas of Croatia
3
Except under the authority of a licence granted by the Secretary of State under this article or the Export of Goods (Control) (Croatian and Bosnian Territories) Order 1993 , all goods are prohibited to be exported from the United Kingdom to any destination in the Bosnian Serb controlled areas or the United Nations Protected Areas of the Republic of Croatia.
Prohibition on economic activities
4
1
Except under the authority of a licence granted by the Secretary of State or the Treasury under this article, no person connected with the Bosnian Serb controlled areas shall carry on any economic activities in the United Kingdom.
2
For the purposes of this article:
a
“economic activities” includes
i
all activities of an economic nature including commercial, financial and industrial activities and transactions, in particular all activities of an economic nature involving the use of or dealing in, with or in connection with property or interests in property;
ii
the exercise of rights relating to property or interests in property;
iii
the establishment of any new body or change in management of an existing body;
b
“person connected with the Bosnian Serb controlled areas” means any of the following persons:
i
any body, wherever incorporated or constituted, which is owned or controlled, directly or indirectly, by the following persons:
aa
any person in, or resident in, the Bosnian Serb controlled areas; or
bb
any body in the Bosnian Serb controlled areas; or
ii
any person or body acting on behalf of a body in the Bosnian Serb controlled areas or a body described in sub-paragraph (i);
c
“property” includes funds, financial, tangible and intangible assets, property rights, public and privately traded securities and debt instruments, and any other financial and economic resources.
Prohibition on the provision of services
5
1
Except under the authority of a licence granted by the Secretary of State under this article, no person mentioned in article 8 of this Order shall provide any services to any person or body for the purposes of any business carried on in the Bosnian Serb controlled areas.
2
For the purposes of this article “services” shall not include (a) telecommunications services; or (b) postal services.
Assets of persons connected with Bosnian Serb controlled areas
6
1
Except with permission granted by or on behalf of the Treasury, no person mentioned in article 8 of this Order shall —
a
make any payment, or part with any gold, securities or investments; or
b
make any change in the persons to whose credit any sum is to stand or to whose order any gold, securities or investments are to be held,
where any such action is action to which this article applies.
2
This article applies to any action which is likely to make available to or for the benefit of any person connected with the Bosnian Serb controlled areas any funds or any other financial assets or resources, whether by their removal from the United Kingdom or otherwise, or otherwise to result in the remittance or transfer of funds or other such assets or resources to or for the benefit of any person connected with the Bosnian Serb controlled areas.
3
Any permission granted by or on behalf of the Treasury under this article may be granted either absolutely or subject to conditions and may be varied or revoked at any time by or on behalf of the Treasury.
4
In this article:
a
“gold”, “payment” and “securities” shall have the meanings they bear in section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 ;
b
“investments” means any asset, right or interest falling within any paragraph of Part I of Schedule 1 to the Financial Services Act 1986 which is not a security;
c
“person connected with the Bosnian Serb controlled areas” means any of the following persons:
i
any body in the Bosnian Serb controlled areas; or
ii
any body, wherever incorporated or constituted, which is owned or controlled, directly or indirectly, by the following persons:
aa
any person in, or resident in, the Bosnian Serb controlled areas; or
bb
any body in the Bosnian Serb controlled areas; or
iii
any person or body acting on behalf of a body described in sub-paragraph (i) or (ii).
Exception
7
Nothing in this Order, in the Serbia and Montenegro (United Nations Sanctions) Order 1992 or the 1993 Order shall prohibit any activities in connection with the United Nations Protection Force ( UNPROFOR ), the International Conference on the Former Yugoslavia or the European Community Monitoring Mission.
Provision relating to articles 4, 5 and 6
8
1
The provisions of articles 5 and 6 of this Order shall apply to any person within the United Kingdom and to any person elsewhere who:
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, or a British protected person; or
b
is a body incorporated or constituted under the law of any part of the United Kingdom.
2
Subject to the provisions of paragraphs (3) and (4) of this article, any person who contravenes the provisions of article 4 (1) or any person specified in paragraph (1) of this article who contravenes the provisions of articles 5(1) or 6(1) of this Order shall be guilty of an offence under this Order.
3
In the case of proceedings for an offence in contravention of article 4(1) of this Order by a person or body acting on behalf of a body in the Bosnian Serb controlled areas or a body described in article 4(2)(b)(i) of this Order, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that he was so acting.
4
In the case of proceedings for an offence in contravention of article 5(1) of this Order, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the services in question were to be provided for the purposes of any business carried on in the Bosnian Serb controlled areas.
Customs powers to demand evidence of destination which goods reach
9
Any exporter or any shipper of goods which have been exported from the United Kingdom shall, if so required by the Commissioners of Customs and Excise, furnish within such time as they may allow proof to their satisfaction that the goods have reached either —
i
a destination to which they were authorised to be exported by a licence granted under this Order or under the Export of Goods (Control) (Croatian and Bosnian Territories) Order 1993 ; or
ii
a destination to which their exportation was not prohibited by this Order,
and, if he fails to do so, he shall be liable to a customs penalty not exceeding level 5 on the standard scale unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc
10
1
If for the purposes of obtaining any licence or permission under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence under this Order.
2
Any person who has done any act under the authority of a licence granted by the Secretary of State or the Treasury or with permission granted by or on behalf of the Treasury under this Order and who fails to comply with any condition attaching to that licence or permission shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent,
i
by the Secretary of State or the Treasury after the doing of the act authorised by the licence, or
ii
by or on behalf of the Treasury after the doing of the act with permission granted by or on behalf of the Treasury.
Declaration as to goods: powers of search
11
1
Any person who is about to leave the United Kingdom shall if he is required to do so by an officer of Customs and Excise —
a
declare whether or not he has with him any goods destined for the Bosnian Serb controlled areas or the United Nations Protected Areas in the Republic of Croatia; and
b
produce any such goods as aforesaid which he has with him,
and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence under this Order.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence under this Order.
Obtaining of evidence and information
12
The provisions of the Schedule to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Secretary of State, the Commissioners of Customs and Excise or the Treasury, of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining, by or on behalf of the Secretary of State, the Commissioners of Customs and Excise or the Treasury, of evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence relating to customs.
Penalties and Proceedings
13
1
Any person guilty of an offence in contravention of article 5(1) or article 6(1) of this Order shall be liable:
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
2
Any person guilty of an offence under paragraph 5(b) or (d) of the Schedule to this Order shall be liable:
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
3
Any person guilty of an offence in contravention of article 4(1) or under article 10(1) or (2) or article 11(3) of this Order shall be liable:
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to a fine not exceeding the statutory maximum.
4
Any person guilty of an offence under paragraph 5(a) or (c) of the Schedule to this Order shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
5
Any person guilty of an offence under article 11(2) of this Order shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
7
Notwithstanding anything in section 127(1) of the Magistrates' Court Act 1980 , a summary offence under this Order may be tried by a magistrates' court in England and Wales if an information is laid at any time within 3 years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
8
Notwithstanding anything in section 331 of the Criminal Procedure (Scotland) Act 1975 , summary proceedings in Scotland for an offence under this Order may be commenced at any time within 12 months after the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to his knowledge; and sub-section (3) of that section applies for the purpose of this paragraph as it applies for the purpose of that section:
Provided that such proceedings shall not be commenced after the expiration of 3 years from the commission of the offence.
9
Notwithstanding anything in article 19 of the Magistrates' Courts (Northern Ireland) Order 1981 , summary proceedings for an offence under this Order in Northern Ireland may be instituted at any time within 3 years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
10
For the purposes of this article:
a
a certificate signed by or on behalf of the prosecutor or the Lord Advocate (as the case may be) as to the date on which such evidence as is referred to in paragraphs (7), (8) and (9) of this article came to his knowledge shall be conclusive evidence of that fact; and
b
a certificate purporting to be so signed shall be presumed to be so signed unless the contrary is proved.
11
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
12
In England and Wales, sub-section (2) of section 24 of the Police and Criminal Evidence Act 1984 shall apply to the offences under this Order that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them, as if they were mentioned in that sub-section; and accordingly such offences shall be arrestable offences within the meaning of that Act.
13
In Northern Ireland, paragraph (2) of article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 shall apply to the offences under this Order that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them, as if they were mentioned in that paragraph; and accordingly such offences shall be arrestable offences within the meaning of that Order.
14
No proceedings for an offence under this Order, other than for a summary offence, shall be instituted in England, Wales or Northern Ireland except by the Secretary of State or with the consent of the Attorney General or, as the case may be, the Attorney General for Northern Ireland:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers of the Secretary of State or the Treasury
14
1
The Secretary of State or the Treasury may, to such extent and subject to such restrictions and conditions as he or they may think proper, delegate or authorise the delegation of any of his or their powers under this Order (other than the power to give authority under the Schedule to this Order to apply for a search warrant) to any person, or class or description of persons, approved by him or them, and references in this Order to the Secretary of State or to the Treasury shall be construed accordingly.
2
Any licence granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted it.
Amendment of the 1993 Order
15
1
Article 7(1)(a) of the 1993 Order shall be amended by the replacement of the reference to article 4(5)(a) by a reference to article 4(7)(a).
2
Article 9(1)(a) of the 1993 Order shall be amended by the replacement of the reference to article 6(5)(a) by a reference to article 6(6)(a).
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and supplementary provision
1
1
This Order may be cited as the Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994 and shall come into force on 1st October 1994.
2
Nothing in this Order shall operate to require listed building consent or conservation area consent for works commenced, or for works in respect of which a contract has been made, before this Order comes into force.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“ the Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990;
“building” means an ecclesiastical building which is for the time being used for ecclesiastical purposes;
“church building” means a building whose primary use is as a place of worship;
“ecclesiastical exemption” means the exemption of buildings from the provisions of sections 3, 4, 7 to 9, 47, 54, 59 and 74 of the Act by virtue of sections 60(1) and 75(1)(b) of the Act;
“ the Measure ” means the Care of Cathedrals Measure 1990 ;
“the Methodist Church” means the Methodist Church as defined in section 2(1) of the Methodist Church Act 1976 ;
“monument” includes a tomb, gravestone or other memorial and any kerb or setting forming part thereof.
2
Unless the context otherwise requires any reference in this Order to —
a
a numbered article or Schedule is a reference to the article of or Schedule to this Order so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the article in which the reference appears.
Exclusion or restriction of ecclesiastical exemption
3
1
Ecclesiastical exemption is excluded in respect of all buildings other than those falling within article 4 or 6.
2
For buildings falling within article 4, ecclesiastical exemption is restricted to the extent set out in article 5.
Buildings retaining ecclesiastical exemption
4
Ecclesiastical exemption is retained for —
a
buildings within the faculty jurisdiction of the Church of England;
b
buildings subject to the Measure;
c
buildings of the Church in Wales vested in the Representative Body of the Church in Wales or any other representative body under section 13(2) of the Welsh Church Act 1914 ;
d
buildings held in trust by the diocesan trustees of a diocese of the Roman Catholic Church;
e
buildings owned by or held in trust for or for the purposes of the Methodist Church or any connexional or local organisation of the Methodist Church;
f
buildings held in trust for a Church in membership with the Baptist Union of Great Britain or the Baptist Union of Wales by one of the trust corporations set out in Schedule 1 (whether alone or jointly with another person or persons); and
g
buildings situated within one of the Provinces of the United Reformed Church set out in Schedule 2 held on the trusts set out in Part I of Schedule 2 to the United Reformed Church Act 1972 or Part I of Schedule 2 to the United Reformed Church Act 1981 .
Extent of ecclesiastical exemption
5
1
Subject to paragraphs (3)
and (5), ecclesiastical exemption for buildings falling within article 4 is restricted, except in the case of buildings subject to the Measure, to —
a
any church building;
b
any object or structure within a church building;
c
any object or structure fixed to the exterior of a church building; and
d
any object or structure within the curtilage of a church building which, although not fixed to that building, forms part of the land.
2
In the case of buildings subject to the Measure, ecclesiastical exemption is restricted to —
a
any building, object or structure within the precinct of a cathedral church for the purposes of the Measure and enclosed within the red line shown on the plan relating to that cathedral church entitled “Ecclesiastical Exemption (Listed Buildings and Conservation Areas) Order 1994”, signed by an Assistant Secretary in the Department of National Heritage, dated 21st June 1994 and deposited with the local planning authority;
b
any church building, within the precinct of a cathedral church for the purposes of the Measure, which does not fall within sub-paragraph (a) above, and any object or structure within that church building, but excluding —
i
any object or structure fixed to the exterior of that church building, and
ii
any object or structure within the curtilage of that church building which, although not fixed to that building, forms part of the land; and
c
subject to paragraph (4), any monument which —
i
does not fall within sub-paragraph (a) above,
ii
is not itself a listed building (apart from any status as a listed building which it may have solely by being treated as part of a cathedral church or other church building by virtue of section 1(5)(a) or (b) of the Act),
iii
is within the precinct of a cathedral church for the purposes of the Measure, and
iv
is situated in a churchyard, graveyard or other land which is or has been used for the purposes of burial.
3
Subject to paragraph (4), ecclesiastical exemption is not retained by virtue of paragraph (1) in respect of —
a
any object or structure fixed to the exterior of a church building; or
b
any object or structure within the curtilage of a church building which, although not fixed to that building, forms part of the land,
where that object or structure is itself a listed building (apart from any status as a listed building which it may have solely by being treated as part of the church building by virtue of section 1(5)(a) or (b) of the Act).
4
In paragraphs (2)(c) and (3), the reference to a monument or to an object or structure fixed to the exterior of a church building or within the curtilage of a church building does not include any object or structure which falls to be treated for the purposes of the Act as part of that monument, object or structure by virtue only of section 1(5)(a) or (b) of the Act.
5
Exemption from the provisions of sections 7 to 9, 59 and 74 of the Act is restricted in respect of buildings falling within paragraphs (c) to (g) of article 4 —
a
to works carried out by or on behalf of a church or body, or a constituent part of a church or body, referred to in those paragraphs; or
b
where the buildings are on any premises forming part of a university, college, school, hospital or public or charitable institution, to works carried out by or on behalf of the governing body or the trustees of that institution.
Peculiars and other special cases
6
1
Ecclesiastical exemption is retained for buildings to which this article applies which do not fall withn article 4.
2
This article applies to —
a
buildings within a peculiar of the Church of England;
b
any building used for worship according to the rites, doctrinal standards, principles or usages of the Church of England, the Church in Wales, the Roman Catholic Church, the Methodist Church, the Baptist denomination or the United Reformed Church on any premises forming part of —
i
La university, college, school, hospital or Inn of Court, or
ii
a public or charitable institution, other than one referred to in sub- sub-paragraph (i) above, if the premises in question do not consist solely of that building and its curtilage;
c
buildings owned by or held in trust for a religious community of the Church of England;
d
buildings owned by or held in trust for a Roman Catholic Religious Institute or Society of Apostolic Life;
e
buildings subject to a sharing agreement pursuant to the Sharing of Church Buildings Act 1969 made on behalf of one or more of the Churches referred to in sub-paragraph (b) above or any Church in membership with the Baptist Union of Great Britain or the Baptist Union of Wales; and
f
buildings used for worship according to the rites, doctrinal standards, principles or usages of the Church of Scotland, the Free Church of Scotland or the Free Presbyterian Church.
Peter Brooke
Secretary of State for National Heritage
30th June 1994
(signed by authority of the Secretary of State for Wales) 30th June 1994
Sir Wyn Roberts
Minister of State Welsh Office


text:
Citation and commencement
1
This Order may be cited as the Hillingdon Community Health National Health Service Trust Dissolution Order 1994 and shall come into force on 1st April 1994.
Dissolution of NHS trust
2
The Hillingdon Community Health National Health Service Trust established by the Hillingdon Community Health National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st March 1994


text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas (Amendment) Regulations 1994 and shall come into force on 22nd February 1994.
Interpretation
2
In these Regulations, “the principal Regulations ” means the Dairy Produce Quotas Regulations 1993 .
Amendment of the principal Regulations
3
The principal Regulations shall be amended in accordance with the following provisions of these Regulations.
4
In regulation 2(1) of the principal Regulations —
a
for the definition of “Community legislation” there shall be substituted the definition:
“Community legislation” — means —
the Council Regulation and the Commission Regulation;
Council Regulation 2055/93; and
the Community compensation scheme;
;
b
after the definition of “Council Regulation” there shall be inserted the definition:
“Council Regulation 2055/93” means Council Regulation ( EEC ) No.2055/93 allocating a special reference quantity to certain producers of milk and milk products;
;
c
after the definition of “replacement number” there shall be inserted the definition:
“requirements in relation to special quota” means —
the conditions for the award of special quota set out in Article 4(3) of the Council Regulation, Article 3a(1) and (2) of Council Regulation (EEC) No.857/84 and Article 1(1) of Council Regulation 2055/93; and
the restrictions on special quota set out in Articles 6(1) and 7(1)(a) of the Council Regulation, Article 3a(4) of Council Regulation (EEC) No.857/84 and Article 4 of Council Regulation 2055/93;
;
d
for the definition of “special quota” there shall be substituted the definition:
“special quota” means the quota referred to in Article 4(3) of the Council Regulation and in Article 1(1) of Council Regulation 2055/93;
.
5
In regulation 8(4) of the principal Regulations, for the words “the undertakings ofhis predecessor made consequent upon the provisions of Article 4(3) of the Council Regulation and Article 3a of Council Regulation (EEC) No.857/84 (which together deal with special quota)”, there shall be substituted the words “the requirements in relation to special quota in accordance with the undertakings of his predecessor.”
6
After regulation 30A of the principal Regulations there shall be inserted —
Powers of entry and inspection in relation to special quota
30B
1
Where a producer has special quota registered in his name or has applied to the Minister to have special quota allocated to him, he shall permit any officer duly authorised by the Minister, accompanied by such persons acting under his instructions as appear to that officer to be necessary for the purpose, at all reasonable times and on production of his authority on demand, to enter upon that producer’s holding in order to inspect any document, record or land (other than land used only as a dwelling) with a view to verifying —
a
the accuracy of any particulars given in an application for special quota;
b
compliance with the requirements in relation to special quota; or
c
compliance with any of the undertakings referred to in regulation 8(4).
2
A producer shall render all reasonable assistance to the authorised officer in relation to the matters mentioned in paragraph (1) above and in particular shall produce such document or record and supply such additional information relating to the allocation to him of special quota as that officer reasonably may require.
7
At the end of regulation 32, there shall be inserted the following paragraph:
4
Where a producer has special quota registered in his name and it appears to the Minister that the producer has made a false or misleading statement in his application for special quota, has failed to comply with the requirements in relation to special quota, or has failed to comply with any of the undertakings referred to in regulation 8(4), the Minister may withdraw the whole or any part of the special quota.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
31st January 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
27th January 1994


text:
Citation, commencement and interpretation
1
These regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 1994 and shall come into force on 1st April 1994.
Amendment of the National Health Service (Dental Charges) Regulations 1989
2
In regulation 4(5) of the National Health Service (Dental Charges) Regulations 1989 (which prescribes a maximum charge for treatment and appliances under any one contract or arrangement), for “£250” in both places where it occurs there is substituted “£275”.
Transitional Provision
3
Where, on or after 1st April 1994, appliances are supplied, or other general dental services are provided, in pursuance of a contract or arrangement for the provision of general dental services made before that date, regulation 4(5) of the National Health Service (Dental Charges) Regulations 1989 shall have effect in respect of that supply or other provision as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister of State,
Department of Health.
4th March 1994


text:
1
This Order may be cited as the Education (Northern School of Contemporary Dance, Leeds) (Further Education Corporation) (Transfer to the Higher Education Sector) Order 1994 and shall come into force on 1st October 1994.
2
On the date on which this Order comes into force the Northern School of Contemporary Dance, Leeds Further Education Corporation shall cease to be a further education corporation and shall become a higher education corporation.
Gillian Shephard
Secretary of State for Education
28th July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cleveland Ambulance National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 8th February 1994.
2
In this Order —
“the Authority” means the South Tees Health Authority;
“the Trust” means the Cleveland Ambulance 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 21st June 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th February 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
11th January 1994


text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas (Amendment) Regulations 1994 and shall come into force on 7th October 1994.
Amendment of the Dairy Produce Quotas Regulations 1994
2
The Dairy Produce Quotas Regulations 1994 shall be amended in accordance with regulations 3 to 5 below.
3
In regulation 6 (adjustment of purchaser quota) —
a
at the beginning of paragraph (2) there shall be inserted the words “Subject to paragraph (2A) below,”;
b
after paragraph (2) there shall be inserted the following paragraph —
2A
In the case of a transaction which takes place on 1st November 1994 to which the second subparagraph of Article 2(2) of the Council Regulation applies, the requirements of the Intervention Board upon a purchaser (other than a purchaser in Northern Ireland) whose purchaser quota has been increased by virtue of such a transaction (other than as a result of a temporary transfer of quota under regulation 15) specified in paragraph (6) below shall have effect in place of those specified in paragraph (2) above
;
c
after paragraph (5) there shall be inserted the following paragraphs —
6
The requirements of the Intervention Board specified in this paragraph, to which paragraph (2A) above refers, are that the purchaser shall submit to the Intervention Board no later than 8th November 1994, in a form prescribed for this purpose by the Intervention Board, such details of each producer registered with that purchaser on 1st November 1994 as the Intervention Board reasonably may require.
7
Any purchaser who purchases milk on 1st November 1994, other than a purchaser to whom paragraph (2A) above applies or a purchaser in Northern Ireland, shall submit to the Intervention Board the details required to be submitted by virtue of paragraph (6) above as if a transaction specified in paragraph (2A) above, affecting that purchaser, had taken place.
8
A purchaser who submits to the Intervention Board details pursuant to paragraph (6) or (7) above shall submit such further information relating to those details as the Intervention Board reasonably may require, within 10 working days of receipt by that purchaser of the request to provide that further information.
9
By 28th November 1994 each body corporate (other than a body corporate in Northern Ireland) which ceases to be a purchaser on 31st October 1994 shall submit to the Intervention Board in a form prescribed by it for that purpose, such details of deliveries made to that body corporate as purchaser from 1st April 1994 to 31st October 1994 inclusive, adjusted in accordance with Article 2(2) of the Commission Regulation, as the Intervention Board reasonably may require.
.
4
In regulation 25 (registers to be prepared and maintained by the Intervention Board), in paragraph (1)(a)(iv) for the figure “(iv)” there shall be substituted the figure “(v)”.
5
In regulation 33 (confiscation and restoration of quota), in paragraph (5)(b)(iii) there shall be inserted after the figure “19” the words “of Schedule 4”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
William Waldegrave
Minister of Agriculture, Fisheries and Food
14th September 1994.
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
14th September 1994


text:
1
This Order may be cited as the British Nationality (South Africa) Order 1994 and shall come into force on 26th July 1994.
2
Schedule 3 to the British Nationality Act 1981 (countries whose citizens are Commonwealth citizens) shall be amended by inserting the words “South Africa” under the words “Solomon Islands”.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (South West Peak) Designation (Amendment) Order 1994 and shall come into force on 30th April 1994.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (South West Peak) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Definitions
4
In article 2 of the principal Order —
1
before the definition of “agreement” there shall be inserted the following definition:
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access,
;
2
after the definition of “agreement” there shall be inserted the following definition:
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 5 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
after the definition of “moorland” there shall be inserted the following definition:
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry.
.
Requirements to be included in an agreement
5
After article 4 of the principal Order there shall be inserted the following article:
4A
An agreement may include the requirements as to public access specified in Schedule 1A to this Order.
.
Rates of payment under agreement
6
1
After paragraph (1) of article 6 of the principal Order there shall be inserted the following paragraph:
1A
Where an agreement includes the requirements as to public access specified in Schedule 1A the Minister shall make payments at a rate of £170 per annum for each hectare of access route.
.
2
For paragraph (4) of article 6 of the principal Order there shall be substituted the following paragraph:
4
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the aggregate of the operations included in the plan at a rate not exceeding £100 per annum for each hectare of land to which the agreement relates, subject to a maximum of £4,000 for each such plan.
.
Schedules
7
1
After Schedule 1 to the principal Order there shall be inserted the provisions of the Schedule to this Order.
2
After paragraph 7 of Schedule 5 to the principal Order there shall be inserted the following paragraph:
8
The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
18th March 1994.
We consent,
Irvine Patnick
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Amendment) (No. 3) Regulations 1994 and shall come into force on 30th September 1994, but regulations 2 to 4 shall have effect as from 1st September 1994.
2
In these Regulations “the principal Regulations ” means the Police Regulations 1987 .
Rate of pay and reckoning of service
2
1
Regulation 37 of the principal Regulations is amended —
a
by substituting for paragraph (1) —
1
Schedule 5 shall have effect for determining the pay of members of police forces.
; and
b
in paragraph (2) by deleting the words “any of the aforesaid scales of”.
2
Regulation 40(2) of the principal Regulations is amended by deleting the words “the scale of”.
3
Regulation 41(1) of the principal Regulations is amended by deleting the words “the scale of”.
4
Regulation 43(1) of the principal Regulations is amended by deleting the words “the scale of”.
Determination of pay
3
1
Paragraph 1 of Schedule 5 to the principal Regulations is amended —
a
by substituting for sub-paragraph (1) —
1
Subject to sub-paragraphs (2) to (10), the annual pay of a member of a police force is the amount specified below at the pay point for his pay category.
1A
The pay points for superintendents and chief superintendents are the following:
Pay category Pay point Amount
£ A 1 37,596 B 2 38,523 C 3 39,450 D 4 40,377 E 5 41,304 F 6 42,231 G 7 43,158 H 8 44,085 I 9 45,012
1B
The pay categories for superintendents and chief superintendents are the following:
Category Description
A
The member is a superintendent in any force and —
was appointed in that rank after 31st August 1994,
immediately before his appointment was an inspector or chief inspector in pay category F or a lower category, and
has not completed one year’s service in the rank of superintendent.
B
The member is a superintendent —
except in a London force, who was appointed in that rank before 1st September 1994 and has not completed one year’s service in it, or
in any force, who was appointed in that rank after 31st August 1994 and has not completed one year’s service in it but, immediately before his appointment, was a chief inspector in pay category G or a higher category, or
in any force, who was appointed in that rank after 31st August 1994 at pay category A and has completed one year’s service in it.
C
The member is a superintendent —
in a London force, who was appointed in that rank before 1st September 1994 and has not completed one year’s service in it, or
except in a London force, who was appointed in that rank before 1st September 1994 and has completed one year’s service in it, or
in any force, who was appointed in that rank after 31st August 1994 and has completed one year’s service in it at pay category B.
D
The member is a superintendent —
in a London force, who was appointed in that rank before 1st September 1994 and has completed one year’s service in it, or
except in a London force, who was appointed in that rank before 1st September 1994 and has completed 2 years' service in it, or
in any force, who was appointed in that rank after 31st August 1994 and has completed one year’s service in it at pay category C.
E
The member is a superintendent —
in a London force, who was appointed in that rank before 1st September 1994 and has completed 2 or more years' service in it, or
except in a London force, who was appointed in that rank before 1st September 1994 and has completed 3 or more years' service in it, or
in any force, who was appointed in that rank after 31st August 1994 and has completed one year’s service in it at pay category D, or
whose pay category would otherwise be C but who has been assigned by the chief officer of police to this category.
F
The member —
is a superintendent whose pay category would otherwise be C, D or E, but who has been assigned by the chief officer of police to this category, or
is a chief superintendent and has not completed one year’s service in that rank, or
is a superintendent who was appointed in that rank after 31st August 1994 and has completed one year’s service in it at pay category E.
G
The member —
is a superintendent whose pay category would otherwise be C, D, E or F or a chief superintendent whose pay category would otherwise be F but who has been assigned by the chief officer of police to this category, or
is a chief superintendent and has completed one year’s service in that rank, or
is a superintendent who has been assigned to pay category F by virtue of a decision under paragraph (a) of the description of that category and who has completed one year’s service at that pay category.
H
The member —
is a superintendent whose pay category would otherwise be C, D, E, F or G or a chief superintendent whose pay category would otherwise be F or G but who has been assigned by the chief officer of police to this category, or
is a chief superintendent and has completed 2 years' service in that rank, or
is a superintendent or chief superintendent who has been assigned to pay category G by virtue of a decision under paragraph (a) of the description of that category and who has completed one year’s service at that pay category.
I
The member —
is a superintendent or chief superintendent whose pay category would otherwise be H but who has been assigned by the chief officer of police to this category, or
is a chief superintendent and has completed 3 years' service in that rank, or
is a superintendent or chief superintendent who has been assigned to pay category H by virtue of a decision under paragraph (a) of the description of that category and who has completed one year’s service at that pay category.
1C
The pay points for inspectors and chief inspectors are the following:
Pay category Pay point Amount London Provinces
£ £ A 1 28,908 27,642 B 2 29,721 28,455 C 3 30,534 29,268 D 4 31,347 30,081 E 5 32,163 30,897 F 6 32,799 31,533 G 7 33,438 32,172 H 8 34,077 32,811 I 9 34,650 33,384
1D
The pay categories for inspectors and chief inspectors are the following:
Category Description
A
The member is an inspector who —
has not completed one year’s service in that rank, and
was not on 31st August 1994 an inspector to whom sub-paragraph (8) applied.
B
The member is an inspector who has either —
completed one year’s service in that rank, or
not completed one year’s service in it but was on 31st August 1994 an inspector to whom sub-paragraph (8) applied.
C
The member is an inspector who has either —
completed 2 years' service in that rank, or
not completed 2 years' service in it, but —
was on 31st August 1994 an inspector to whom sub-paragraph (8) applied, and
has completed one year’s service in that rank.
D
The member is an inspector who has either —
completed 3 years' service in that rank, or
not completed 3 years' service in it, but —
was on 31st August 1994 an inspector to whom sub-paragraph (8) applied, and
has completed 2 years' service in that rank.
E
The member is —
a person appointed in the rank of chief inspector who has not completed one year’s service in it and has not been assigned to pay category F,
an inspector who, having completed 3 years' service in that rank and having been assigned to this pay category by the chief officer of police, thereby holds the rank of chief inspector, or
an inspector who has completed 4 years or more service in that rank, or
an inspector who has not completed 4 years' service in that rank and who has not been assigned to the category by virtue of paragraph (b) of this description, but who —
was on 31st August 1994 an inspector to whom sub-paragraph (8) applied, and
has completed 3 years' service in that rank.
F
The member is —
a person appointed in or holding the rank of chief inspector who has completed one year’s service in it at pay category E,
a person who was a chief inspector on 31st August 1994 —
who has completed one year’s service in that rank, or
to whom on that date sub-paragraph (8) applied and who has not completed one year’s service in that rank,
a person appointed in the rank of chief inspector who was assigned to this pay category by the chief officer of police and has not completed one year’s service in it,
an inspector who, having completed 3 or more years' service in that rank and having been assigned to this pay category by the chief officer of police, thereby holds the rank of chief inspector.
G
The member is a chief inspector —
who has completed one year’s service in that rank and has been assigned to this pay category by the chief officer of police, or
who has completed one year’s service in it at pay category F, or
who was a chief inspector on 31st August 1994 and —
who has completed 2 years' service in that rank, or
to whom on that date sub-paragraph (8) applied and who has completed one year’s service, but not 2 years' service, in that rank.
H
The member was a chief inspector on 31st August 1994 and —
has completed 2, but not 3, years' service in that rank, but
on that date sub-paragraph (8) applied to him.
I
The member was a chief inspector on 31st August 1994 and —
has completed 3, but not 4, years' service in that rank, but
on that date sub-paragraph (8) applied to him.
1E
The pay points for sergeants are the following:
Pay category Pay point Amount
£ A 1 21,372 B 2 22,146 C 3 22,917 D 4 23,691 E 5 24,204 F 6 24,927
1F
The pay categories for sergeants are the following:
Category Description
A The member has not completed one year’s service in the rank of sergeant. B The member has completed one year’s service in that rank. C The member has completed 2 years' service in that rank. D The member has completed 3 years' service in that rank. E The member has completed 4 years' service in that rank. F The member has completed 5 years' service in that rank.
1G
The pay points for constables are the following:
Pay category Pay point Amount
£ A 1 13,992 B 2 15,192 C 3 16,224 D 4 16,584 E 5 17,022 F 6 17,613 G 7 18,180 H 8 18,771 I 9 19,314 J 10 19,803 K 11 20,445 L 12 21,192 M 13 22,146
1H
The pay categories for constables are the following:
Category Description
A
The member —
was appointed before 1st September 1994, was under 22 years of age on appointment and has not completed one year’s service, or
was appointed after 31st August 1994 and is undergoing initial training.
B
The member —
was appointed before 1st September 1994, was under 22 years of age on appointment and has completed one year’s service, or
was appointed after 31st August 1994, has completed initial training and has been assigned by the chief officer of police to this category.
C
The member was appointed after 31st August 1994, has completed initial training and has been assigned by the chief officer of police to this category.
D
The member —
has completed 2 years' service, or
was appointed before 1st September 1994 and was of the age of 22 years or over on appointment.
E The member has completed 3 years' service. F The member has completed 4 years' service. G The member has completed 5 years' service. H The member has completed 6 years' service. I The member has completed 7 years' service. J The member has completed 8 years' service. K The member has completed 10 years' service. L The member has completed 12 years' service. M The member has completed 14 years' or more service.
1I
In sub-paragraph (1B) above, “London force” means the City of London police force and the metropolitan police force; in sub-paragraph (1D), “sub-paragraph (8)” means sub-paragraph (8) of this paragraph (which required pay to be determined in certain cases as if the member had an additional year’s service) as it had effect on 31st August 1994; and in sub-paragraph (1H), references to completing service of a specified number of years include service spent on initial training or on probation.
;
b
by substituting for the words “Table A”, wherever occurring in sub-paragraphs (2) to (5), the words “sub-paragraphs (1) to (1B)”;
c
in sub-paragraph (6) by substituting for the words “Table A” the words “sub-paragraphs (1), (1C) and (1D)”;
d
by deleting sub-paragraphs (7), (8) and (9A); and
e
in sub-paragraph (10) —
i
by substituting for the words “sub-paragraphs (7) to (9A)” the words “sub-paragraph (9)”, and
ii
by deleting the words “scale of”.
2
Paragraph 2 of Schedule 5 to the principal Regulations is hereby revoked.
3
Paragraph 3 of Schedule 5 to the principal Regulations is amended by deleting the words “scale of” and substituting for the words “Table A in paragraph 1” the words “paragraph 1(1A) to (1F)”.
Dog handler’s allowance
4
Schedule 11 to the principal Regulations is amended by substituting for the figure “£930” the figure “£957” and for the figure “£1,269” the figure “£1,308”.
Revocations
5
Regulation 10 of the Police (Amendment) (No. 2) Regulations 1994 and paragraph 8 of Part II of the Schedule to those Regulations are revoked.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
6th September 1994


text:
1
This Order may be cited as the Public Telecommunication System Designation (NORWEB plc) Order 1994 and shall come into force on 13th May 1994.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Trade and Industry
28th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Thanet Health Care National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 30th March 1994.
2
In this Order —
“the Authority” means the Canterbury and Thanet Health Authority;
“the Trust” means the Thanet Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 2nd September 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 30th March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
8th March 1994


text:
Title, commencement and extent
1
These Regulations may be cited as the Agriculture Act 1986 (Amendment) Regulations 1994, shall come into force on 1st March 1994 and shall extend to Great Britain.
Amendment of section 18 of the Agriculture Act 1986
2
In section 18 of the Agriculture Act 1986 (designation and management of environmentally sensitive areas) in subsection (4) —
a
after paragraph (a) there shall be inserted —
aa
the requirements as to public access which may be included in such agreements
, and
b
in paragraph (b) for the words “such agreements must impose such requirements” there shall be substituted “requirements included in such agreements under paragraph (a) or paragraph (aa) above must be imposed”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
2nd February 1994.
We consent,
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
7th February 1994


text:
Citation and commencement
1
These Rules may be cited as the Auditors (Financial Services Act 1986) Rules 1994 and shall come into force on 1st May 1994.
Interpretation
2
In these Rules —
“ the Act ” means the Financial Services Act 1986;
“auditor” means an auditor of an authorised person;
“disciplinary action” means action of a kind mentioned in section 47A(4)(a) to (d) of the Act , any similar action which a recognised self-regulating organisation or recognised professional body has power to take and, in the case of a recognised self-regulating organisation or recognised professional body, any power to impose a financial penalty;
“matter” means any matter to which section 109 of the Act applies;
“powers of intervention” means the powers conferred by Chapter VI of Part I of the Act and any similar powers exercisable by a recognised self-regulating organisation or a recognised professional body; and
“the relevant regulator” means the person, organisation or body to which an auditor must communicate a matter by virtue of section 109 of the Act.
Circumstances in which auditor is to communicate
3
1
Matters are to be communicated to the relevant regulator by an auditor in the circumstances specified in paragraph (2) below.
2
The circumstances referred to in paragraph (1) above are ones in which the auditor has reasonable cause to believe that the matter is or is likely to be of material significance for determining either —
a
whether a person is a fit and proper person to carry on investment business; or
b
whether disciplinary action should be taken, or powers of intervention exercised, in order to protect investors from a significant risk of loss.
Tim Wood
Nicholas Baker
Two of the Lord’s Commissioners of Her Majesty’s Treasury
3rd March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Norfolk and Norwich Health Care National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Norfolk and Norwich Health Care 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 Norfolk and Norwich Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Norfolk and Norwich Hospital, Brunswick Road, Norwich NR1 3SR and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non–executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Norwich 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 Norwich 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 Norwich 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
Cumberlege
Parliamentary Under Secretary of State
Department of Health
28th January 1994


text:
Citation, commencement and interpretation.
1
1
This Order may be cited as the Thameslink Healthcare Services National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 15th June 1994.
2
In this Order —
“the Authority” means the West Kent Health Authority;
“the Trust” means the Thameslink Healthcare Services National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Dartford and Gravesham Health Authority and the Trust on 7 February 1994, which schedule has been signed on behalf of both that Authority and the Trust.
Transfer of trust property
2
On 15th June 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
18th May 1994


text:
1
This Order may be cited as the Public Telecommunication System Designation (Encom Cable TV & Telecommunications Limited) (Epping Forest) Order 1994 and shall come into force on 25th April 1994.
2
Each of the Applicable Cabled Systems is hereby designated as a public telecommunication system.
Patrick McLoughlin
Parliamentary Under Secretary of State,
Department of Trade and Industry
22nd March 1994


text:
1
These Regulations may be cited as the Education (Special Schools Conducted by Education Associations) (Amendment) Regulations 1994 and shall come into force on 1st December 1994.
2
The Education (Special Schools Conducted by Education Associations) Regulations 1994 are amended by the omission in the third column of Schedule 2 to those Regulations, opposite the entry in the first column of that Schedule relating to the Education Act 1993, of the words “For the reference in section 130(2) to section 68(7)(b) of the Act there is substituted a reference to paragraph 1(3)(b) of Schedule 12 to the Act;”.
Gillian Shephard
Secretary of State for Education
3rd November 1994