text:
Citation and commencement
1
This Order may be cited as the Pensions Increase (Review) Order 1995 and shall come into force on 10th April 1995.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders ” means the Pensions Increase (Annual Review) Order 1972 , the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 , the Pensions Increase (Review) Order 1989 , the Pensions Increase (Review) Order 1990 , the Pensions Increase (Review) Order 1991 , the Pensions Increase (Review) Order 1992 , the Pensions Increase (Review) Order 1993 and the Pensions Increase (Review) Order 1994 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act , and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a derivative or substituted pension or a relevant injury pension, be increased by the pension authority in respect of any period on or after 10th April 1995 as follows —
1
a pension beginning before 11th April 1994 may be increased by 2.2 per cent of the basic rate as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;
2
a pension beginning on or after 11th April 1994 and before 10th April 1995 may be increased by 2.2 per cent multiplied by A where may be increased by 2.2 per cent multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date of the pension and 10th April 1995, and
b
B is 12.
Increases in certain lump sums
4
In respect of any lump sum or instalment of a lump sum which became payable before 10th April 1995 but on or after 11th April 1994 there may be paid an increase of 2.2 per cent of the amount of the lump sum or instalment (as increased by the amount under section 1 of the 1971 Act or under the existing Orders) multiplied by A where under section 1 of the 1971 Act or under the existing Orders) multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 11th April 1994 and the date on which it became payable; and
b
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 10th April 1995, and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury otherwise direct, in accordance with the provisions of section 59A of the 1975 Act.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Andrew Mitchell
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1995


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Environmental Protection (Waste Recycling Payments) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.
Amendment of regulations
2
For the Schedule to the Environmental Protection (Waste Recycling Payments) Regulations 1992 , there shall be substituted the following:
THE SCHEDULE
REPRESENTATIVE SAVINGS IN WASTE DISPOSAL COSTS
Regulation 2(5)
Type of waste disposal authority Saving in waste disposal costs per tonne
A London waste disposal authority for an area which includes an inner London borough.
The council of an inner London borough.
The Common Council of the City of London.
£35.52
A London waste disposal authority which comprises outer London boroughs.
The council of an outer London borough.
£30.13
The Greater Manchester Waste Disposal Authority.
The Merseyside Waste Disposal Authority.
The council of a metropolitan district.
£23.69 Any other waste disposal authority. £17.23 where the authority incurs any transport costs in disposing of similar waste and £9.69 in other cases.
Signed by authority of the Secretary of State
Robert Atkins
Minister of State,
Department of the Environment
21st February 1995
John Redwood
Secretary of State for Wales
22nd February 1995
Signed by authority of the Secretary of State
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
27th February 1995


text:
Commencement and citation
1
These Regulations may be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1995 and shall come into force on 24 April 1995.
Revocation
2
The Motor Vehicles (Type Approval and Approval Marks) (Fees) (Regulations) 1994 are hereby revoked.
Interpretation
3
1
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation of or Schedule to these Regulations bearing that number;
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which that number appears; and
c
a numbered section is a reference to the section bearing that number in the Road Traffic Act 1988.
2
In these Regulations, except where the context otherwise requires —
“applicant” means an applicant for the issue of a type approval certificate or authorisation for a vehicle or vehicle part for the purpose of a Community instrument or ECE Regulation , an applicant for the issue of a type approval certificate or Minister’s approval certificate for a vehicle or a vehicle part for the purpose of the national type approval scheme, or an applicant for the issue of a sound level measurement certificate;
“approval mark” means a marking designated by the Motor Vehicles (Designation of Approval Marks) Regulations 1979 ;
“approval requirements” means —
the requirements for examination and approval as regards the type approval requirements specified in —
a Community instrument;
Schedule 1 to the Great Britain Regulations ;
Schedule 1 to the Great Britain Regulations for Goods Vehicles ; and
an ECE Regulation; or
the requirements for examination and marking authorisation relating to an approval mark;
“authorisation” means an authorisation in writing given by the Secretary of State for the application of an approval mark to a vehicle or a vehicle part;
“Community instrument” means an instrument issued by a Community institution which is referred to in Parts II and III of Schedule 6;
“ECE Regulation” means a Regulation annexed to the Agreement concerning the adoption of uniform conditions of approval for motor vehicle equipment and parts and reciprocal recognition thereof concluded at Geneva on 20th March 1958 as amended to which the United Kingdom is a party , and referred to in Part IV of schedule 6;
“ European Regulations ” means the Motor Vehicles ( EC Type Approval) Regulations 1992 ;
“examination” means any examination or test, or series of examinations or tests carried out on a vehicle or vehicle part to ascertain that in respect of that vehicle or vehicle part approval requirements have been satisfied;
“ Framework Directive ” means Council Directive 70/156/ EEC as amended by Council Directives 87/403/EEC and 92/53/EEC and Commission Directive 93/81/EEC ;
“Great Britain Regulations” means the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 ;
“Great Britain Regulations for Goods Vehicles” means the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 ;
“Government or approved premises” means premises established or approved by the Secretary of State for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme, or for the purposes of a Community instrument or ECE Regulation;
“low volume type approval vehicle” has the same meaning as in the Great Britain Regulations;
“national type approval scheme” means the scheme for the type approval of vehicles or vehicle parts provided for in the Great Britain Regulations and the Great Britain Regulations for Goods Vehicles;
“sound level measurement certificate” has the same meaning as in the Motorcycles (Sound Level Measurement Certificates) Regulations 1980 ;
“type approval certificate”, “Ministers’s approval certificate”, and “authorisation” include a modified or duplicate type approval certificate, Minister’s approval certificate, or authorisation as the case may be;
3
A reference in these Regulations to a vehicle in category L1, L2, L3, L4 or L5 is a reference to a vehicle described respectively as L1, L2, L3, L4 or L5 in ECE Regulation 13 of 29th May 1969 with the amendments in force on 1st April 1987.
4
A reference in these Regulations to a vehicle in category M1, M2, M3, N1, N2, N3, O1 or O2 is a reference to a vehicle described respectively as M1, M2, M3, N1, N2, N3, O1 or O2 in the Framework Directive.
Fees — basic scale for examinations of vehicles or parts of vehicles
4
1
In this regulation any reference to a numbered column is a reference to the column that number in Part II of Schedule 1.
2
Subject to the subsequent provisions of these Regulations, the fee prescribed as regards the approval requirements specified in column 2 in relation to a fee number in column 1 is the fee specified in relation to that fee number in column 4.
3
Part I of Schedule 1 contains an index to Part II of that schedule.
4
Where, in relation to an approval requirement specified in column 2, more than one type of examination or more than one type of vehicle or vehicle part is specified in column 3 in connection with that approval requirement, the fee prescribed as regards that approval requirement is that specified in column 4 opposite the examination, vehicle or vehicle part in question.
5
The fees specified in column 4(a) are hereby prescribed in a case where the examination is to be carried out on Government or approved premises by an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf.
6
The fees specified in column 4(b) are hereby prescribed in a case where the examination is to be carried out at other premises under the supervision of an officer of the Department of Transport or a person appointed by the Secretary of State to act on his behalf.
7
Schedule 6 interprets —
a
certain expressions relating to Community instruments and ECE Regulations , and
b
certain abbreviations
used in Schedule 1.
8
Schedule 6 also gives details of Community instruments and ECE Regulations used in Schedule 1.
Fees — consecutive examinations
5
1
Subject to regulation 19, where more than one vehicle or vehicle part of the same type but embodying minor variations is submitted by an applicant with a view to carrying out the relevant examinations consecutively on each item, and the case is one where all the examinations can be carried out without setting up the examination apparatus again, the fee to be paid for the carrying out of each examination after the first one is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the work involved in carrying out such examination.
2
In this regulation a relevant examination is an examination in relation to an approval requirement specified in Part II of Schedule 1.
Fees — partial examinations
6
1
Where a certificate to which this paragraph applies has been issued in relation to a vehicle or vehicle part and in consequence of an alteration in any design specification, either —
a
a further relevant examination of any vehicle or any vehicle part is needed with a view to the issue of a further certificate but the alteration is not so extensive as to require that the further examination shall be as complete and exhaustive as the original examination; or
b
an applicant requires a further certificate but the alteration is not so extensive as to require a further relevant examination of any vehicle or any vehicle part and can be carried out on an inspection of data supplied by the applicant,
the fee for such an examination or inspection is such proportion of the relevant fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the examination or inspection.
2
Paragraph (1) applies to —
a
a sound level measurement certificate; or
b
a type approval certificate, or an authorisation, in relation to —
i
a Community instrument ; or
ii
an ECE Regulation; or
c
a type approval certificate, or a Minister’s approval certificate, in relation to the national type approval scheme.
3
Where, in the case of an examination or inspection as is mentioned in regulation 4 or 5 or in paragraph (1) —
a
it has been found impossible to complete the examination or inspection satisfactorily; or
b
the vehicle or vehicle part supplied for the examination does not satisfy completely the requirements of the examination,
and a further, but partial, examination of the vehicle or vehicle part is required, the fee to be paid for such further examination is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the further, but partial, examination.
4
Where more than one vehicle or vehicle part of the same type but embodying minor variations is submitted by an applicant and it is unnecessary to submit each individual vehicle or vehicle part to a complete relevant examination, the fee to be paid for the carrying out of the partial examination on a particular vehicle or vehicle part is such proportion of the fee prescribed in regulation 4 as the Secretary of State considers to be appropriate in view of the nature and extent of the partial examination.
5
In this regulation a relevant examination is an examination in relation to an approval requirement specified in Part II of Schedule 1.
6
This regulation is subject to regulation 19.
Fees — examination of a complete vehicle under the national type approval scheme
7
1
Subject to paragraph (5), the fee for the examination of a vehicle to which the Great Britain Regulations apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Part I of Schedule 2 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which —
a
are referred to in Schedule 1 to those Regulations;
b
relate to particular parts or aspects of a vehicle; and
c
are applicable to the vehicle,
have been satisfied, is the amount specified in column 3 of Part I of Schedule 2.
2
The fee for the examination of a vehicle to which the Great Britain Regulations for Goods Vehicles apply with a view to the issue in respect of that vehicle of a document specified in column 1 of Schedule 3 where, before the examination takes place, type approval procedures have been carried out (whether in Great Britain or elsewhere) to ascertain that in respect of that vehicle all the approval requirements which —
a
are referred to in Schedule 1 to those Regulations;
b
relate to particular parts or aspects of a vehicle; and
c
are applicable to the vehicle,
have been satisfied, is the amount specified in paragraph (3).
3
The amount referred to in paragraph (2) is the amount shown in —
a
column 2(a) of Schedule 3 if the vehicle is in category L2, L5 or N1;
b
column 2(b) of Schedule 3 if the vehicle is in category N2; and
c
column 2(c) of Schedule 3 if the vehicle is in category N3.
4
Where in the case of an examination of a complete vehicle mentioned in paragraphs (1) or (2) above —
a
it has been found impossible to complete that examination satisfactorily; or
b
the vehicle has been found not to comply in all aspects with the relevant approval requirements; or
c
the vehicle is one which has been assembled in more than one stage by more than one manufacturer, and a type approval certificate has been issued to a manufacturer other than the applicant; or
d
a type approval certificate or Minister’s approval certificate has previously been issued in respect of the model of the vehicle but the vehicle incorporates certain changes in detail not covered by the certificate,
and a further, but partial, examination of the vehicle is required before the documentation can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sum specified in Part I of Schedule 2 or, as the case may be, Schedule 3 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.
5
Where a person applies for the issue of a Minister’s approval certificate in respect of a vehicle on the basis that it is a low volume type approval vehicle within the meaning of the Great Britain Regulations, paragraph (1) shall have effect as if the references to Part I of Schedule 2 were references to Part II of that Schedule.
6
If in circumstances where paragraph (5) applies —
a
some or all of the procedures referred to in paragraph (1) have been carried out on behalf of the Secretary of State; and
b
as a result, the work involved in carrying out the examination is less than otherwise would have been the case,
the fee for the examination shall be such proportion of the relevant sum specified in Part II of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of the examination.
7
This regulation is subject to regulation 19.
Fees — examination of a vehicle with a view to the issue of an EC vehicle type approval certificate.
8
1
In this regulation and in Part III of Schedule 2, “EC vehicle type approval certificate” means a type approval certificate issued under regulation 3(5) of the European Regulations in relation to a complete, incomplete or completed vehicle (being expressions used in the Framework Directive).
2
Expressions used in this regulation or in Part III of Schedule 2 which are also used in the Framework Directive shall have the same meaning as in that Directive and cognate expressions shall be construed accordingly.
3
Subject to paragraphs (6) and (7), the fees for —
a
the examination of a vehicle; and
b
administrative work (other than the issue of the EC vehicle type approval certificate),
with a view to the issue of an EC vehicle type approval certificate on the basis that all necessary approvals have previously been obtained shall be the amounts determined in accordance with paragraphs (4) and (5).
4
Where the application is for the issue of an EC vehicle type approval certificate in relation to a complete vehicle, the amounts payable shall be the amounts specified in Part III of Schedule 2.
5
Where —
a
the application is for an EC vehicle type approval certificate in relation to an incomplete vehicle or a completed vehicle; and
b
the examination is not as complete and exhaustive as would otherwise be required,
the fees shall be such proportion of the relevant sums specified in Part III of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of the work involved.
6
Where in the case of an examination of a vehicle with a view to the issue of an EC vehicle type approval certificate —
a
it has been found impossible to complete the examination satisfactorily; or
b
the vehicle has been found not to comply in all aspects with the relevant approval requirements; or
c
an EC vehicle type approval certificate has previously been issued in respect of a vehicle of that type but the vehicle incorporates changes in detail not covered by the certificate
and a further, but partial examination of the vehicle is required before the EC vehicle type approval certificate can properly be issued in respect of it, the fee for that partial examination shall be such proportion of the relevant sums specified in Part III of Schedule 2 as the Secretary of State considers to be appropriate in view of the nature and extent of that partial examination.
7
Where, in relation to an application for an EC vehicle type approval certificate, more than one vehicle is examined the fee in respect of the vehicle that undergoes the most extensive examination shall be determined in accordance with the foregoing provisions of this regulation and the fee in respect of each of the other vehicles shall be such proportion of that fee as the Secretary of State considers to be appropriate in view of the nature and extent of the examination carried out on that other vehicle,
8
This regulation is subject to regulation 19.
Fees — avoidance of duplication
9
Where the examination of a vehicle or vehicle part for the purposes of a Community instrument or ECE Regulation is carried out at the same time as the examination of that vehicle or vehicle part for the purposes of the national type approval scheme, then in so far as one and the same operation or series of operations serves for both examinations, the fee payable under these Regulations shall be the fee for only one examination.
Fees — issue of documents
10
1
The fee for the issue of a document of a type specified in column 1 of Schedule 4 (being a document relating to a vehicle part) is the fee of the amount specified in relation thereto in column 3 of Schedule 4.
2
The fee for the issue of a document of a type specified in column 1 of Part I of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations apply) is the amount specified in relation thereto in column 3 of Part I of Schedule 5.
3
The fee for the issue of a document of a type specified in column 1 of Part II of Schedule 5 (being a document relating to a vehicle to which the Great Britain Regulations for Goods Vehicles apply) is the amount specified in relation thereto in column 3 of Part II of Schedule 5.
4
The fee for the issue of a document of a type specified in column 1 of Part III of Schedule 5 (being a document relating to a vehicle to which the European Regulations apply) is the amount specified in relation thereto in column 3 of Part III of Schedule 5.
5
The fee for the issue of a sound level measurement certificate is £46.
6
Where —
a
a person applies for the issue of a Minister’s approval certificate in respect of a vehicle on the basis that it is a low volume type approval vehicle within the meaning of the Great Britain Regulations;
b
some or all of the procedures referred to in regulation 7(1) have been carried out on behalf of the Secretary of State; and
c
as a result, the administrative work involved in relation to the application is less than would otherwise have been the case,
the fee for the issue of the Minister’s approval certificate shall be such proportion of the relevant sum specified in Part I of Schedule 5 as the Secretary of State considers to be appropriate in view of the nature and extent of the administrative work carried out in relation to the application.
7
This regulation is subject to regulation 19.
Additional fees payable for the issue of documents under the national scheme
11
1
In this regulation —
“ sub-MAC ” means a Minister’s approval certificate issued by virtue of section 58(4); and
“ MAC ”, in relation to a sub-MAC, means the Minister’s approval certificate by virtue of which the sub-MAC was issued under section 58(4).
2
In this regulation, in relation to a sub-MAC, —
“anniversary” means an anniversary of the date on which the MAC was issued and a reference to the first anniversary shall be construed accordingly;
“applicant” means the person who applied for the sub-MAC;
“relevant date” means —
if the sub-MAC was issued during the 12 month period beginning with the date the MAC was issued, that date; or
if it was issued after the expiration of that period, the anniversary next before the issue of the sub-MAC;
“relevant period” means a period of 12 months beginning on an anniversary;
“relevant sub-MAC” means any sub-MAC issued to the applicant by virtue of the MAC before the sub-MAC in question was issued;
“relevant vehicle” means the vehicle in respect of which the MAC was issued.
3
A fee of £10 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where —
a
the sub-MAC is issued in respect of a vehicle in category N2 or N3; and
b
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from —
i
the vehicle which was the subject of the last of the relevant sub-MACs to be issued, or
ii
if no relevant sub-MAC has been issued, the relevant vehicle.
4
A fee of £30 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where —
a
the sub-MAC is issued in respect of a vehicle in category N1 as a result of an application made on or after the first anniversary; and
b
no relevant sub-MAC has been issued as a result of an application made in the relevant period in which the application for the sub-MAC was made; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from —
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under this paragraph, or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
5
A fee of £30 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where —
a
the sub-MAC is issued as a result of an application made on or after the first anniversary on the basis of a vehicle being a low volume type approval vehicle; and
b
no relevant sub-MAC has been issued as a result of an application for the sub-MAC was made; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from —
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under this paragraph or paragraph (6), or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
6
A fee of £30 shall be payable for the issue of a sub-MAC in addition to the fee payable under regulation 10, where —
a
the sub-MAC is issued as a result of an application made on the basis of a vehicle being a low volume type approval vehicle; and
b
199 relevant sub-MACs, and no more, have been issued as a result of applications made on or after the relevant date; and
c
it appears to the Secretary of State from information supplied or confirmed by the applicant that the vehicle differs in detail from —
i
the vehicle which was the subject of the last of the relevant sub-MACs in respect of which a fee was payable under paragraph (5) or this paragraph, or
ii
if no relevant sub-MAC has been issued in respect of which such a fee has been payable, the relevant vehicle.
Fees — visits outside the United Kingdom
12
1
Where, in connection with an application for or the performance of, the carrying out, or supervision by or on behalf of the Secretary of State, of an examination of a vehicle or vehicle part in relation to the issue of a type approval certificate or authorisation for the purpose of a Community instrument, or ECE Regulation, or in relation to a type approval certificate or Minister’s approval certificate for the purpose of the national type approval scheme, a visit to a place outside the United Kingdom is made, or is arranged to be made, by one or more persons acting for or on behalf of the Secretary of State, then in addition to the fee or fees prescribed by the regulations above, there shall be paid by the applicant on demand by or on behalf of the Secretary of State a further fee equal to the total of —
a
the travelling and subsistence expenses reasonably incurred or expected to be incurred by each person so acting in relation to the application or examination (including expenses outstanding after the cancellation of any travelling or subsistence arrangements which result from the withdrawal of any such application); and
b
the whole, or such proportion as the Secretary of State may determine is reasonably attributable to the application or examination, of a sum of £55 for each hour spent or expected to be spent by each person so acting whilst travelling otherwise than on land in the United Kingdom, wholly or partly in relation to the application or examination.
2
The references to expenses in paragraph (1)(a) do not include any expenses relating to —
a
travelling on land in the United Kingdom; or
b
any flight which both begins and ends in the United Kingdom.
3
If —
a
payments have been made in accordance with paragraph (1) in respect of travelling and subsistence expenses expected to be incurred, or in respect of time expected to be spent in travelling; and
b
the amount of travelling and subsistence expenses actually incurred or the time actually spent travelling in consequence of the application is greater or less than was expected,
the fee payable under paragraph (1) shall be re-calculated in accordance with that paragraph by reference to the actual travelling and subsistence expenses incurred and the actual time spent travelling, and the difference shall be paid by, or as the case may be, refunded to, the applicant.
Payment of fees
13
1
The fee for the carrying out or supervision of an examination of a vehicle or a vehicle part in connection with the issue of a type approval certificate or authorisation for the purpose of a Community instrument, or ECE Regulation or in connection with the issue of a sound level measurement certificate shall be paid when the application is made for the issue of the type approval certificate, authorisation or sound level measurement certificate for the vehicle or vehicle part in question.
2
The fee for the carrying out or supervision of an examination of a vehicle or a vehicle part in connection with the issue of a type approval certificate or Minister’s approval certificate shall be paid when the applicant is notified by the Secretary of State, in accordance with the provisions of the Great Britain Regulations, the Great Britain Regulations for Goods Vehicles or the European Regulations, of the fee payable.
3
The fee for the issue of a document specified in Schedule 4 or 5 shall be paid —
a
in that case where the examination of the vehicle or vehicle part for which a fee is payable under these Regulations is required before the document is issued, when the applicant is notified of the result of the examination; and
b
in any other case, when the application is made for the issue of the document.
Fees on withdrawals and cancellations
14
1
Subject to the provisions of regulation 15, if an applicant —
a
after he has been notified of the time and place for the examination withdraws his application; or
b
does not submit the vehicle or vehicle part for the examination at the time and place fixed therefore,
he shall be liable to pay a cancellation fee to cover the abortive work involved in dealing with the application and making arrangements for the examination.
2
In the case of an examination of a vehicle or vehicle part to which a fee specified in Schedule 1 applies —
a
if the Secretary of State is, not less than 7 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit the vehicle or vehicle part for the examination, the cancellation fee shall be £99;
b
if the Secretary of State is not so notified —
i
where the fee is specified in column (a) of Schedule 1, the cancellation fee shall be a quarter of that fee plus any wasted expenses reasonably incurred by the Secretary of State in the provision of any facility for the particular examination; or
ii
where the fee is specified in column (b) of Schedule 1, the cancellation fee shall be half of that fee or £219 whichever is the less.
3
In the case of a further or partial examination of a vehicle or vehicle part in the circumstances described in regulation 6, the cancellation fee shall be such proportion of the fee as the Secretary of State considers to be appropriate.
4
In the case of an examination of a vehicle to which a fee specified in Schedule 2 or 3 applies —
a
if the Secretary of State is, not less than 14 days before the date fixed for the examination, notified of the withdrawal or the intention not to submit the vehicle for the examination, the cancellation fee shall be £97;
b
if the Secretary of State is not so notified, the cancellation fee shall be £286.
5
Any cancellation fee for which an applicant is liable in accordance with the foregoing provisions of this regulation shall be provided —
a
in a case where the applicant has paid the fee prescribed by these Regulations for the examination in question, by the Secretary of State retaining the cancellation fee from the fee which has been paid; or
b
in any other case by the applicant paying the cancellation fee to the Secretary of State within 14 days of the issue by the Secretary of State of a request for such payment.
6
An applicant who is liable for a cancellation fee under this regulation in respect of an application shall also be liable for any fee payable under regulation 12, but all other fees under these Regulations in respect of the application shall be reduced to nil (the balance of any sums paid in respect of the application being refundable).
7
This regulation is subject to regulation 19.
Submission of alternative vehicle or vehicle part for examination
15
Where an applicant does not wish, or is unable, to submit the vehicle or vehicle part in respect of which the application was made, for examination at the time and place appointed, but is able to submit for examination at that time and place some other vehicle or vehicle part which can conveniently be fitted into the programme of examinations being carried out at that place and in respect of which he has made an application, he shall be entitled, subject to any adjustment by way of refund or additional payment so as to secure that the appropriate fee is paid for the examination which actually takes place, to have the sum which he originally paid applied in payment of the fee for that examination without being liable to pay a cancellation fee under the regulation 14(1) but in that event he shall pay the appropriate fee prescribed by these Regulations when applying for a new appointment for the examination which he originally sought.
Fees to be paid in relation to prescribed and notifiable alterations
16
1
The fee prescribed in the event of particulars of a prescribed alteration being sent to the Secretary of State in accordance with regulation 10 of the Great Britain Regulations for Goods Vehicles is —
a
if the vehicle is one in respect of which a certificate of conformity has been issued —
i
£31 if the vehicle is in category L2, L5 or N1;
ii
£36 if the vehicle is in category N2 or N3; or
b
if the vehicle is one in respect of which a Minister’s approval certificate has been issued —
i
£31 if the vehicle is in category L2, L5 or N1;
ii
£36 if the vehicle is in category N2 or N3.
2
The fee prescribed in respect of a notification made in accordance with a condition attached to a type approval certificate pursuant to section 56(1)(b) issued in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is £30 if the vehicle is in category N1, but —
a
that sum shall become due on the next anniversary of the date that the type approval certificate was issued, and
b
if there is more than one such notification during any period of 12 months ending immediately before such an anniversary, the fee shall not be payable in respect of more than one such notification during that period.
3
The fee prescribed in respect of a notification made in accordance with a condition attached to a type approval certificate pursuant to section 56(1)(b) issued in respect of a vehicle to which the Great Britain Regulations for Goods Vehicles apply is £10 if the vehicle is in category N2 or N3.
Approval of facilities
17
1
Subject to regulation 19, the fee prescribed for examining premises with a view to their being approved by the Secretary of State for the examination of vehicles or vehicle parts for the purposes of the national type approval scheme or for the purposes of a Community instrument or ECE Regulation shall be determined by the amount of work involved charged at the hourly rate of £71.
2
Regulation 12 shall apply to an application for such an approval as it applies to an application for an examination of a vehicle as mentioned in that regulation.
Advice on procedures for securing conformity of production
18
Subject to regulation 19, the fee prescribed for advising a manufacturer on whether his arrangements or proposed arrangements for securing conformity of production of vehicles are likely to be accepted by the Secretary of State for the purposes of the national type approval scheme or for the purposes of any Community instrument or ECE Regulation shall be determined by the amount of work involve charged at an hourly rate of £71.
Fees — work carried out in the United States of America, Canada or Mexico
19
In relation to —
a
an examination or inspection of data carried out or proposed to be carried out,
b
the issue of a document,
c
the examining of premises, or
d
advice given to a manufacturer,
in the United States of America, Canada or Mexico by a person resident in the United States of America and acting for or on behalf of the Secretary of State, any sum which would otherwise be payable by virtue of regulations 4, 5, 6, 7, 8, 10, 14, 17 or 18 shall be increased by 33 per cent.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
22nd March 1995
We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973.
Derek Conway
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
28th March 1995


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Input Tax) (Amendment) (No 2) Order 1995 and shall come into force on 1st June 1995.
2
The Value Added Tax (Input Tax) Order 1992 shall be amended in accordance with the following articles.
3
In article 2 —
a
the definitions of “caravan”, “firearms”, “motorcycle”, “works of art”, “antiques” and “collectors' pieces” shall be omitted;
b
after the definition of the “the Manx Act” there shall be inserted —
“antiques” means objects other than works of art or collectors' items, which are more than 100 years old;
“collectors' items” means the following goods —
postage or revenue stamps, postmarks, first-day covers, pre-stamped stationery and the like, franked, or if unfranked not being of legal tender and not being intended for use as legal tender.
collections and collectors' pieces of zoological, botanical, mineralogical, anatomical, historical, archaeological, palaeontological, ethnographic or numismatic interest;
c
after the definition of “printed matter” there shall be inserted —
“Second-hand goods” means tangible moveable property (including motor cars) that is suitable for further use as it is or after repair other than works of art, collectors' items or antiques and other than precious metals and precious stones;
“works of art” means the following goods —
pictures, collages and similar decorative plaques, paintings and drawings, executed entirely by hand by the artist, other than plans and drawings for architectural, engineering, industrial, commercial, topographical or similar purposes, hand-decorated manufactured articles, theatrical scenery, studio back cloths or the like of painted canvas,
original engravings, prints and lithographs, being impressions produced in limited numbers directly in black and white or in colour of one or of several plates executed entirely by hand by the artist irrespective of the process or of the material employed by him, but not including any mechanical or photomechanical process,
original sculptures and statuary, in any material, provided that they are executed entirely by the artist; sculpture casts the production of which is limited to eight copies (or, in relation to statuary casts produced before 1st January 1989, such greater number of copies as the Commissioners of Customs and Excise may in any particular case allow) and supervised by the artist or his successors in title;
tapestries and wall textiles made by hand from original designs provided by artists, provided that there are not more than eight copies of each,
individual pieces of ceramics executed entirely by the artist and signed by him,
enamels on copper, executed entirely by hand, limited to eight numbered copies bearing the signature of the artist or the studio, excluding articles of jewellery and goldsmiths' and silversmiths' wares,
photographs taken by the artist, printed by him or under his supervision, signed and numbered and limited to 30 copies, all sizes and mounts included;
4
For article 4 there shall be substituted —
4
1
Subject to paragraph (4) below, tax charged on the —
a
supply;
b
acquisition from another member State; or
c
importation,
of any goods such as are described in paragraph (2) below which are supplied to, or acquired from another member State or imported by, a taxable person in the circumstances described in paragraph (3) below shall be excluded from any credit under section 25 of the Act;
2
The goods referred to in paragraph (1) above are —
a
works of art, antiques and collectors' items
b
second-hand goods;
3
The circumstances of the supply, acquisition from another member State or importation referred to in paragraph (1) above are —
a
a supply on which, by virtue of an Order made under Section 50A of the Act or a corresponding provision of the Manx Act or by virtue of a corresponding provision of the law of another member State, VAT was chargeable on the profit margin;
b
(if the goods are a work of art, an antique or a collectors' item) the taxable person imported it himself;
c
(if the goods are a work of art) it was supplied to the taxable person by, or acquired from another member State by him from its creator or his successor in title;
4
Paragraph (1) above shall only apply to exclude from credit, tax chargeable on a supply of goods to or an acquisition or importation of goods by a taxable person in the circumstances set out in paragraph (3)(b) and (c) above if the taxable person —
a
has opted to account for VAT chargeable on his supplies of such goods on the profit margin and
b
has not elected to account for VAT chargeable on his supply of the goods by reference to its value, in accordance with the provisions of an Order made under section 50A of the Act.
Derek Conway
Andrew McKay
Two of the Lord Commissioners of Her Majesty’s Treasury
10th May 1995


text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Durham (Borough of Darlington) (Structural Change) Order 1995 and shall come into force for the purposes of articles 2(2), 4, 6(1), (3) and (4,) 9 and 10 on the day after the day on which it is made and for all other purposes on 1st April 1997.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“Darlington” (except in references to the county of Darlington) means the borough of Darlington and “the Darlington Council” means the council of that borough;
“Durham” means the non-metropolitan county of Durham and “the County Council” means the council of that county;
“the relevant date” means 6th May 1996;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1997; and
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 .
2
The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of any statutory instrument made under the Act.
PART II
LOCAL GOVERNMENT REORGANISATION IN DURHAM
Structural change
3
The functions of the County Council in relation to Darlington shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the Darlington Council.
Durham Police Authority
4
1
In this article, “the 1964 Act ” means the Police Act 1964 .
2
For the purposes of the functions to which this article applies —
a
sub-paragraph (1) of paragraph 27 of Schedule 1B to the 1964 Act (meaning of “relevant council”) shall have effect as from 1st October 1996 as if Darlington had ceased to form part of Durham on that date; and
b
accordingly, the appointments which are required to be made to the Durham Police Authority (as established under section 3 of the 1964 Act) (“the Authority”) by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the County Council and the Darlington Council (as relevant councils) in accordance with that provision.
3
The functions to which this article applies are —
a
on and after the reorganisation date, all functions of the Authority; and
b
before that date (but on and after 1st October 1996), the following functions of the Authority in respect of the financial year beginning on the reorganisation date —
i
functions under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) , and
ii
functions under section 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act .
4
For the purposes of the functions referred to in paragraph (3)(b) above —
a
section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 1B to the 1964 Act was a reference to the members so appointed by virtue of paragraph (2) above, and
b
the members of the Authority appointed under paragraph 2 of that Schedule otherwise than by virtue of paragraph (2) above shall not participate in the discharge of those functions.
5
In the exercise of its powers, the joint committee referred to in paragraph (2)(b) above —
a
shall, for the purposes of paragraph 4(1)(b) of Schedule 1B to the 1964 Act, ignore any member of the County Council elected for an electoral division in Darlington ; and
b
shall not appoint any such member to the Authority under paragraph 2(2) of Schedule 1B to the 1964 Act.
6
A member of the Authority who was appointed under paragraph 2 of Schedule 1B to the 1964 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of the Authority on the reorganisation date.
7
In determining the period of a term of years for the purpose of paragraph 17 of Schedule 1B to the 1964 Act (term of appointment of members of a police authority), any period as a member of the Authority prior to the reorganisation date under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of the Authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.
Amendment of Schedule 1A to Police Act 1964
5
Schedule 1A to the Police Act 1964 shall be amended by inserting after the words “The county of Durham” in the right-hand column opposite the name of the Durham police area the words “and the non-metropolitan district of Darlington”.
Fire services
6
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947 ; and
“the relevant area” means the area comprising Durham (as constituted on and after the reorganisation date) and Darlington.
2
Darlington shall, subject to any combination scheme under the 1947 Act, become the area of a fire authority for the purposes of that Act.
3
For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Durham”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Durham”.
4
Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Planning functions
7
1
The structure plans applying immediately before the reorganisation date to Darlington and the boroughs of Hartlepool, Middlesbrough, Redcar and Cleveland and Stockton-on-Tees , and any proposals prepared before that date for the alteration or replacement of any such plan, shall be treated as if they had been prepared jointly by the Darlington Council and the councils of those boroughs; and section 50 of the Town and Country Planning Act 1990 (“the 1990 Act ”) shall apply accordingly.
2
In relation to the Darlington Council —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
c
include their waste policies in their local plan.
.
Constitution of new county of Darlington
8
1
Darlington shall cease to form part of Durham.
2
A new county shall be constituted comprising the area of Darlington and shall be named the county of Darlington.
3
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the county of Darlington.
PART III
TRANSITIONAL PROVISION
Election of councillors in 1996 and subsequent years
9
1
The Borough of Darlington (Electoral Arrangements) Order 1976 shall have effect subject to the provisions of this article.
2
Elections of all councillors of the Darlington Council shall be held simultaneously on the ordinary day of election of councillors in 1996, 1999 and every fourth year after 1999 .
3
The term of office of any councillor so elected shall be, in the case of the councillors elected in 1996, three years and, in any other case, four years.
4
On the fourth day after any such elections —
a
the persons who were councillors immediately before those elections shall retire; and
b
the newly elected councillors shall come into office.
Retirement of councillors and casual vacancies
10
1
The electoral divisions of Durham comprised in Darlington shall cease to be electoral divisions on the reorganisation date; and any person holding office, immediately before that date, as a councillor for such a division shall retire on that date .
2
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect —
a
in the case of a casual vacancy occurring in the office of councillor of the Darlington Council during the period beginning with the date on which this article comes into force and ending with the relevant date, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the relevant date; and
b
in the case of a casual vacancy occurring in the office of councillor for any electoral division referred to in paragraph (1) above, as if that reference in that subsection were a reference to the reorganisation date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
11th July 1995


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval) (Great Britain) (Amendment) Regulations 1995 and shall come into force on 12th June 1995.
Preliminary
2
The Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 shall be further amended in accordance with the following provisions of these Regulations.
Amendments to regulation 4 (application of type approval requirements)
3
1
Regulation 4 shall be amended as follows.
2
In paragraph (1A), for the words “exhaust emissions from any vehicle,” onwards there shall be substituted the words “exhaust emissions from any vehicle (other than a vehicle with fewer than 4 wheels or fuelled solely by liquid petroleum gas), or to noise emissions from any vehicle.”.
3
In paragraph (2), for the words “If a vehicle or a vehicle part” there shall be substituted the words “Save as provided in paragraph (2A) of this regulation, if a vehicle or vehicle part”.
4
After paragraph (2) there shall be inserted the following paragraph —
2A
The provisions of paragraph (2) of this regulation do not apply in respect of item 14H in Part I of Schedule I.
.
5
In paragraph (3A), for “4F and 4G” there shall be substituted “4F, 4G, 4K, 14E and 14F”.
6
In paragraph (11), for “4G and 27” there shall be substituted “4G, 4K, 14E, 14F and 27”.
Amendments to Part I of Schedule 1
4
1
Part I of Schedule 1 shall be amended as follows.
2
In item 4K, in column (6), there shall be inserted “See regulation 4(11) and Schedule 1B.” opposite “1.10.1993” in both places where it occurs in column 5.
3
After item 4K there shall be inserted the item set out in Schedule 1 to these Regulations.
4
In item 14E, in column 6, there shall be inserted “See regulation 4(11) and Schedule 1B.”, opposite “1.10.1987” and “1.10.1993” in column 5.
5
In item 14F, in column 6, there shall be inserted “See regulation 4(11) and Schedule 1B.”.
6
After item 14G there shall be inserted the item set out in Schedule 2 to these Regulations.
Amendments to Schedule 1B (date of application and cessation of certain type approval requirements)
5
1
Part I of Schedule 1B shall be amended as follows.
2
In paragraph 2, after “4G,” there shall be inserted “4K, 14E, 14F,”.
6
In Part II of Schedule 1B, after the entry relating to item 4G in Part I of Schedule 1, there shall be inserted the following entries —
4K All vehicles 1.10.93 1.10.93 31.12.95 31.12.96 14E All vehicles 1.10.87 1.10.87 30.9.95 30.9.95 14F All vehicles 1.1.93 1.1.93 30.9.96 30.9.96
.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
16th May 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service (Determination of Districts) (No. 2) Order 1995 and shall come into force on 1st April 1995.
2
In this Order —
“ the Act ” means the National Health Service Act 1977;
“the material date” means 1st April 1995;
“the new authority” means Dyfed Health Authority established by the National Health Service (District Health Authorities) (No. 2) Order 1995 ;
“the old authorities” means East Dyfed Health Authority and Pembrokeshire Health Authority the establishment of each of which was continued by the National Health Service (District Health Authorities) Order 1990 ;
Variation of districts
2
1
East Dyfed District and Pembrokeshire District are hereby abolished and there is determined a new district, to be known as Dyfed District, comprising the former East Dyfed District and the former Pembrokeshire District.
2
In the National Health Service (Determination of Districts) Order 1981 —
a
article 3(4) is hereby revoked;
b
the entries in columns 1 and 2 of Part I of Schedule 2 are omitted.
Transfer of officers employed by District Health Authorities
3
1
Except as provided by paragraphs (2) and (3) of this article, any officer employed immediately before the material date by either or both of the old authorities is, on the material date, transferred to the employment of the new authority.
2
Where —
a
this article makes provision for the transfer of an officer, and
b
the officer in question is employed by either or both of the old authorities and another person,
this provision shall have effect to transfer that officer to the employment of the new authority and that other person jointly.
3
Where by virtue of this article the employment of an officer is transferred to the employment of the new authority or of that authority jointly with another person, the contract of employment of that officer is modified so as to substitute the new authority as the employer or as one of the joint employers.
Preservation of training arrangements
4
Training arrangements made by either of the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship and which have not been discharged before the material date, continue to apply with the substitution for the old authority of the new authority.
Enforceability of rights
5
Subject to the following provisions of this Order, any right which was enforceable by or against either of the old authorities is enforceable by or against the new authority.
Winding up of affairs of old authorities
6
It is the duty of the new authority to take, in accordance with such directions as may be given by the Secretary of State, such action as may be necessary for the winding up of the affairs of either of the old authorities.
Accounts of old authorities
7
Where, on the material date, either of the old authorities has not performed in respect of any period before that date any duty imposed on it by section 98 of the Act, the new authority shall perform that duty in accordance with the provisions of that section, any regulations made under that section and any directions which may be given by the Secretary of State.
Provision for continuity in exercise of functions
8
1
Anything duly done by, or any application duly made by, or any direction, authorisation or notice duly given to or by either of the old authorities is deemed to have been duly done by, or made or given to or by the new authority.
2
Any instrument made by either of the old authorities continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the new authority.
3
Any form supplied by either of the old authorities and any form supplied by the Secretary of State relating to either of the old authorities continues to be a valid form in relation to the new authority until it is cancelled or withdrawn by the Secretary of State or the new authority, as if any reference contained in the form to either of the old authorities were a reference to the new authority.
Accommodation and services made available on payment of charges
9
To the extent that any accommodation and services at any hospital in the district of either of the old authorities are, immediately before the material date, authorised to be made available under section 65 of the Act, they continue to be authorised to be made available under that section, to the extent determined, on or after that date until such authorisation is varied or revoked by the new authority.
Investigation of complaints by Health Service Commissioner
10
1
A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for Wales in relation to either of the old authorities, whether made before, on or after the material date, may be investigated by that Commissioner notwithstanding the abolition of that authority, as if the complaint had been made in relation to the new authority.
2
The Health Service Commissioner for Wales, where he conducts such an investigation, shall send a report of the result of his investigation to the new authority and the Secretary of State.
Transfer of trust property of old authorities
11
Any trust property vested immediately before the material date in either of the old authorities shall on the material date be transferred to the new authority.
Exercise of powers in relation to trusts
12
Where, immediately before the material date, any power to appoint trustees of a charity connected with purposes relating to the health service is under the trusts of the charity vested in either of the old authorities, that power vests on the material date in the new authority.
Appointment of new trustees
13
Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include an officer of either of the old authorities, the trustees shall from that date instead include the holder of the corresponding office with the new authority.
John Redwood
Secretary of State for Wales
1st March 1995


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Manufactured Payments and Transfer of Securities (Tax Relief) Regulations 1995 and shall come into force on 2nd January 1996.
2
These Regulations have effect in relation to —
a
any manufactured payment made on or after 2nd January 1996, and
b
any payment of interest deemed to be made on or after that date under an agreement to sell securities entered into on or after 1st May 1995.
Interpretation
2
In these Regulations —
“manufactured payment”has the meaning given by section 737D(2) of the Taxes Act;
“the Taxes Act”means the Income and Corporation Taxes Act 1988 .
Tax relief for manufactured payments
3
1
Any manufactured payment made to a person for the benefit of —
a
a scheme referred to in section 592(2) or 643(2) of the Taxes Act, or
b
any fund referred to in section 608(2)(a), 613(4), 614(2), (3) or (4) or 620(6) of that Act,
shall be treated as comprised in income of that person that is eligible for relief from tax by virtue of that section.
2
Any manufactured payment made to an insurance company shall be treated, to the extent of so much of the payment as is referable to the company’s pension business, as comprised in income of that company that is eligible for relief from tax by virtue of section 438 of the Taxes Act .
Tax relief for deemed payments of interest
4
1
Where, pursuant to section 730A(2) of the Taxes Act (treatment of price differential on sale and repurchase of securities), a payment of interest is deemed to be made to a person in circumstances where, if it were actually made, it would be received by that person for the benefit of —
a
a scheme specified in section 592(2) or 643(2) of the Taxes Act, or
b
any fund referred to in section 608(2)(a), 613(4), 614(2), (3) or (4) or 620(6) of that Act,
the amount of the payment shall be treated as comprised in income that is eligible for relief from tax by virtue of that section.
2
Where, pursuant to section 730A(2) of the Taxes Act, a payment of interest is deemed to be made to an insurance company, it shall be treated, to the extent of so much of the deemed payment as is referable to the company’s pension business, as comprised in income that is eligible for relief from tax by virtue of section 438 of the Taxes Act.
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 1995


text:
1
1
This Order may be cited as the Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) (Amendment No. 2) Order 1995.
2
This Order shall come into force on 31st March 1995.
2
In article 11(4) of the Police and Magistrates' Courts Act 1994 (Commencement No. 5 and Transitional Provisions) Order 1994 —
a
for the words “the amounts of all the supplementary credit approvals used by the council and” there shall be substituted “all increases in the council’s credit ceiling in that year by virtue of the use by the council of supplementary credit approvals”; and
b
for sub-paragraph (b) there shall be substituted
b
for a period beginning in a financial year ending on 31st March in the years 1991 to 1995,
.
David Maclean
Minister of State
Home Office
27th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Portsmouth Health Care National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 26th April 1995.
2
In this Order —
“the Authority” means the Portsmouth and South East Hampshire Health Authority;
“the Trust” means the Portsmouth 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 November 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 26th April 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
29th March 1995


text:
Citation and commencement
1
This Order may be cited as the South Georgia and South Sandwich Islands (Amendment) Order 1995 and shall come into force on 17th July 1995.
Amendment
2
Section 4 of the South Georgia and South Sandwich Islands Order 1985 is hereby revoked and replaced by the following:
Office of Commissioner
4
1
There shall be a Commissioner for the Territories who shall be appointed by Her Majesty by Commission under Her Sign Manual and Signet and shall hold office during Her Majesty’s pleasure.
2
During any period when the office of Commissioner is vacant or the holder thereof is for any reason unable to perform the functions of his office those functions shall, during Her Majesty’s pleasure, be assumed and performed by such person as may be designated by a Secretary of State.
N. H. Nicholls
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Merchant Shipping (Light Dues) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.
2
1
The Merchant Shipping (Light Dues) Regulations 1990 shall be amended as follows.
2
In the Schedule, in paragraph 1(1) of Part I (Scale of Payments), for sub– paragraph (b) (Ro–Ro Ferries) the following shall be substituted:
b
Ro/Ro ferries
i
43 pence per tone for a vessel whose liability is assessed on an International Tonnage Certificate (1969) issued in accordance with the Internation– al Convention on Tonnage Measurement of Ships 1969 ;
ii
43 pence per ton on the first 1000 tons and 86 pence per ton on any excess over 1000 tons for a vessel whose liability is assessed on a tonnage certificate other than an International Tonnage Certificate (1969).
.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State
Department of Transport
1st March 1995