text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Companies Act 1985 (Bank Accounts) Regulations 1994.
2
This regulation and regulations 2, 4 and 7 shall come into force on 11th February 1994, and the remainder of the regulations shall come into force on 28th February 1994.
2
In these Regulations “the 1985 Act ” means the Companies Act 1985.
Amendment of section 255B
3
Section 255B of the 1985 Act is amended by the substitution, in subsection (2), of the words “holding company of a credit institution” for the words “parent company of a banking company”.
Amendment of Schedule 9 etc
4
1
In paragraph 82 in Part I of Schedule 9 to the 1985 Act (general interpretation) , the definitions of “Banking activities” and “Banking transactions” are hereby repealed.
2
In consequence of paragraph (1) above, in the index of defined expressions set out in section 262A of the 1985 Act , the entries relating to the expressions “banking activities” and “banking transactions” are hereby repealed.
5
1
Part IV of Schedule 9 to the 1985 Act (additional disclosure: emoluments and other benefits of directors and others) is amended as follows.
2
In paragraph 1, for the words “the holding company of such a company” there shall be substituted the words “the holding company of a credit institution”.
3
For paragraph 2 there shall be substituted —
2
Where a banking company, or a company which is the holding company of a credit institution, prepares annual accounts for a financial year, it need not comply with the provisions of Part II of Schedule 6 (loans, quasi-loans and other dealings) in relation to a transaction or arrangement of a kind mentioned in section 330, or an agreement to enter into such a transaction or arrangement, to which that banking company or (as the case may be) credit institution is a party.
.
4
In sub-paragraph (1) of paragraph 3, for the words from the beginning to “that banking company for — ” there shall be substituted the words “Where a banking company, or a company which is the holding company of a credit institution, takes advantage of the provisions of paragraph 2 of this Part of this Schedule for the purposes of its annual accounts for a financial year, then, in preparing those accounts, it shall comply with the provisions of Part III of Schedule 6 (other transactions, arrangements and agreements) only in relation to a transaction, arrangement or agreement made by that banking company or (as the case may be) credit institution for — ”.
5
In paragraph 3(4) and (5), for the word “company” there shall be substituted the words “body corporate”.
Consequential amendment of section 343 etc
6
1
Section 343 of the 1985 Act (record of transactions not disclosed in company accounts) is amended in accordance with paragraphs (2) to (4) below.
2
In paragraph (a) of subsection (1), for the words “, or is the holding company of, a banking company,” there shall be substituted the words “a banking company, or is the holding company of a credit institution,”.
3
For subsection (2) there shall be substituted —
2
Where such a company takes advantage of the provisions of paragraph 2 of Part IV of Schedule 9 in relation to a financial year, that company shall keep a register containing a copy of every transaction, arrangement or agreement of which particulars would, but for that paragraph, be required to be disclosed in the company’s accounts or group accounts for that financial year and for each financial year in the preceding 10 in relation to which the company has taken advantage of the provisions of that paragraph.
.
4
For subsection (4) there shall be substituted —
4
Where such a company takes advantage of the provisions of paragraph 2 of Part IV of Schedule 9 in relation to the last complete financial year preceding its annual general meeting, that company shall before that meeting make available at its registered office for not less than 15 days ending with the date of the meeting a statement containing the particulars of transactions, arrangements and agreements which the company would, but for that paragraph, be required to disclose in its accounts or group accounts for that financial year.
.
5
In consequence of paragraphs (1) to (4) above, the following provisions of Schedule 10 to the Companies Act 1989 are hereby repealed, that is to say —
a
in paragraph 10, the word “343(1)(a)”; and
b
paragraph 11.
Transitional provisions
7
The directors of a company (including a body corporate, or unincorporated body of persons, to which Part VII of the 1985 Act is applied by virtue of any enactment, including any subordinate legislation within the meaning of section 21 of the Interpretation Act 1978 ), may prepare annual accounts under Part VII of the 1985 Act for a financial year of the company commencing on a date prior to 23rd December 1992 as if the amendments effected by regulation 4 of these Regulations had not been made.
8
A company to which section 343 of the 1985 Act applied before it was amended by these Regulations shall be regarded, for the purposes of subsection (2) of that section as amended by these Regulations, as having taken advantage of the provisions of paragraph 2 of Part IV of Schedule 9 to the 1985 Act in relation to any financial year for which accounts were prepared under Part VII of that Act prior to its amendment by these Regulations.
Neil Hamilton
Parliamentary Under-Secretary of State for Corporate Affairs,
Department of Trade and Industry
2nd February 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Categorisation of Earners) Amendment Regulations 1994 and shall come into force on 6th April 1994.
2
In these Regulations “the principal Regulations ” means the Social Security (Categorisation of Earners) Regulations 1978 , and unless the context otherwise requires references to Schedules and to paragraphs of Schedules are references to Schedules to the principal Regulations and to paragraphs of those Schedules.
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation) after the definition of “educational establishment” there shall be inserted the following definitions–
“foreign employer” in paragraph 9 of Schedule 3 to these regulations means a person–
who does not fulfil the conditions as to residence or presence in Great Britain prescribed under section 1(6)(a) of the Social Security Contributions and Benefits Act 1992 ; and
who, if he did fulfil those conditions as to residence or presence in Great Britain referred to in (a) above, would be the secondary contributor in relation to any payment of earnings to or for the benefit of the person employed;
“host employer” in paragraph 9 of Schedule 3 to these regulations means a person having a place of business in Great Britain;
.
Amendment of Schedule 1 to the principal Regulations
3
In Part III of Schedule 1 (employments which are to be disregarded) after paragraph 12 there shall be added–
1
in Column (A) the following paragraph–
13
Employment (other than employment described in paragraph 12 of Column (A) of this Schedule) as a Queen’s Gurkha officer or as any other member of the Brigade of Gurkhas of a person who was recruited for that Brigade in Nepal.
;
2
in Column (B) the following paragraph–
13
None.
.
Amendment of Schedule 3 to the principal Regulations
4
In Schedule 3 (employments in respect of which persons are treated as secondary Class 1 contributors) after paragraph 8 there shall be added–
1
in Column (A) the following paragraph–
9
Employment by a foreign employer where–
a
in pursuance of that employment the personal service of the person employed is made available to a host employer; and
b
the personal service is rendered for the purposes of the business of that host employer; and
c
that personal service for the host employer begins on or after 6th April 1994.
;
2
in Column (B) the following paragraph–
9
The host employer to whom the personal service of the person employed is made available.
.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,
Department of Social Security
14th March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Transfrontier Shipment of Waste Regulations 1994 and shall come into force on 6th May 1994.
Interpretation
2
1
In these Regulations “the principal Regulation” means Council Regulation ( EEC ) No. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community .
2
Unless the context otherwise requires —
a
expressions used in these Regulations shall have the meaning they bear in the principal Regulation; and
b
any reference in these Regulations to an Article is to an Article of the principal Regulation, including that Article as applied by any other provision of the principal Regulation.
Competent authorities of dispatch and destination
3
The following authorities shall be the competent authorities of dispatch and destination in relation to their areas for the purpose of the principal Regulation —
a
in Great Britain, waste regulation authorities within the meaning of section 30 of the Environmental Protection Act 1990;
b
in Northern Ireland, district councils within the meaning of section 1 of the Local Government Act (Northern Ireland) 1972 .
Competent authority of transit
4
The Secretary of State shall be the competent authority of transit for the purpose of the principal Regulation.
Correspondent
5
The Secretary of State shall be the correspondent for the purpose of the principal Regulation.
Transmission of notification by competent authority of dispatch
6
1
If a competent authority of dispatch decides, in relation to the notifications referred to in Article 3(1), 6(1) or 15(1) relating to shipments of waste dispatched from its area, or in relation to any class of such notifications, to transmit the notification itself to the competent authority of destination, with copies to the consignee and to any competent authority of transit, it shall give notice by advertisement of that decision.
2
A notice of a decision under paragraph (1) above shall describe the notifications to which the competent authority s decision applies and the decision which is the subject of the notice shall take effect 2 weeks after the publication of the last of the notics required to be published.
3
Where a decision under paragraph (1) above takes effect, a notifier who intends to make a shipment of waste which requires a notification to which the competent authority s decision applies shall send the required notification to the authority which published the notice and shall not send copies of that notification to any other competent authority or to the consignee.
4
Subject to paragraph (5) below, a competent authority which receives a notification in accordance with paragraph (3) above shall, within 3 working days of receiving the notification, transmit it to the competent authority of destination, with copies to the consignee and any competent authority of transit.
5
Where the notification relates to the shipment of waste for disposal, paragraph (4) above shall not apply if the competent authority of dispatch has immediate objections to raise against the shipment in accordance with Article 4(3).
6
A competent authority which has published notice of a decision in accordance with this regulation may withdraw it at any time by giving notice by advertisement of the withdrawal and the withdrawal shall take effect 2 weeks after the publication of the last of the notices required to be published.
7
In this regulation “notice by advertisement” means —
a
in relation to notice by a competent authority in England or Wales, a notice published in the London Gazette and in at least one local newspaper circulating in the area of that authority;
b
in relation to notice by a competent authority in Scotland, a notice published in the Edinburgh Gazette and in at least one local newspaper circulating in the area of that authority; and
c
in relation to notice by a competent authority in Northern Ireland, a notice published in the Belfast Gazette and in at least 3 local newspapers circulating in the area of that authority.
Financial guarantees or equivalent insurance
7
1
No person shall ship waste into or out of the United Kingdom unless a certificate has been issued in relation to the shipment under this regulation.
2
An application for a certificate under this regulation shall be made to the authority which is the competent authority of dispatch, destination or transit in the United Kingdom (as the case may be) in relation to the shipment.
3
A competent authority which receives an application under paragraph (2) above shall issue the certificate requested if it is satisfied that there is in force in respect of the shipment, or will be at the time the waste is shipped into or out of the United Kingdom (as the case may be), a financial guarantee or equivalent insurance satisfying the requirements of Article 27.
4
A competent authority shall make its decision on an application under paragraph(2) above —
a
in respect of a shipment to which Article 3 applies, within 20 days following receipt of the application if it is a competent authority of dispatch or transit or within 30days if it is a competent authority of destination;
b
in respect of a shipment to which Article 6 applies, within 30 days following receipt of the application;
c
in respect of a shipment to which Article 15 applies, within 70 days following receipt of the application;
d
in respect of a shipment to which Article 20 applies, within 60 days following receipt of the application if it is a competent authority of transit or 70 days if it is a competent authority of destination;
e
in respect of a shipment to which Article 23 applies, within 60 days following receipt of the application if it is the last competent authority of transit within the Community or otherwise within 20 days.
5
A certificate issued under this regulation shall certify that the competent authority is satisfied as mentioned in paragraph (3) above.
Power of competent authority of dispatch to ensure return of waste
8
1
Where a competent authority of dispatch is required by Article 25(1) or 26(2) to ensure that waste is returned to the United Kingdom it may serve a notice on the notifier concerned under paragraph (2) below.
2
A notice served under this paragraph shall require the notifier to return the waste to an area within the United Kingdom specified in the notice by a date so specified.
3
The date specified in a notice under paragraph (2) above shall allow the notifier a reasonable time to comply with the notice, having regard, in particular, to the location of the waste at the time the notice is served.
4
Where a notifier fails to comply with a notice served on him under paragraph (2) above, the competent authority may serve a further notice on the notifier stating that the authority intends to act as the agent of the notifier to effect the return of the waste to the United Kingdom in order to fulfil the obligations of the authority under Article 25(1) or 26(2), as the case may be.
5
Where a competent authority serves a notice under paragraph (4) above it may act as the agent of the notifier so far as is necessary to effect the return of the waste as mentioned in that paragraph and the notifier shall provide the competent authority with such information and assistance as the authority may reasonably request in writing to enable it to effect the return of the waste.
6
Where a competent authority acts under paragraph (5) above it shall be deemed to be the duly authorised agent of the notifier acting within the scope of its authority.
Power of competent authority of destination o ensure disposal of waste
9
1
Where a competent authority of destination is required by Article 26(3) to ensure the disposal or recovery of waste in an environmentally sound manner it may serve a notice on the consignee concerned under paragraph (2) below.
2
A notice served under this paragraph shall require the consignee to ensure the disposal or recovery of waste in an environmentally sound manner in accordance with the notice and by a date specified in the notice.
3
The date specified in a notice under paragraph (2) above shall allow the consignee a reasonable time to comply with the notice.
4
Where a consignee fails to comply with a notice served on him under paragraph (2) above the competent authority may serve a further notice on the consignee stating that the powers set out in paragraph (6) below will be exercised on behalf of the authority so far as is necessary to enable it to effect the disposal or recovery of the waste in order to fulfil its obligations under Article 26(3).
5
The powers referred to in paragraph (4) above shall be exercised on behalf of the competent authority, in Great Britain, by an inspector appointed under section 68(3) of the Environmental Protection Act 1990 and, in Northern Ireland, by a person authorised in writing by the authority to exercise those powers (“authorised person”).
6
Pursuant to a notice served under paragraph (4) above, an inspector or authorised person may, on production of his authority —
a
enter any land which he has reason to believe it is necessary for him to enter and on entering any land take with him —
i
any person duly authorised by the competent authority and, if he has reasonable cause to apprehend any serious obstruction in the execution of the powers conferred by this regulation, a constable; and
ii
any equipment or materials required for any purpose for which the power of entry is being exercised;
b
make such examination and investigation as may in any circumstances be necessary;
c
remove any waste from the land, or arrange for its removal, for the purpose of its disposal or recovery;
d
dispose of or recover waste, or arrange for its disposal or recovery.
7
An inspector or authorised person may exercise any of the powers set out in paragraph (6) above so far as is necessary to enable him to effect the disposal or recovery of the waste in order to fulfil the obligations of the competent authority under Article 26(3) and the consignee shall provide the inspector or authorised person and the competent authority with such information and assistance as the inspector or auhorised person or the authority may reasonably request in writing to enable the competent authority to fulfil those obligations.
Power of customs officer to detain shipment
10
1
On a request made upon him by a competent authority of dispatch or destination in the United Kingdom for the purpose of facilitating the exercise of any functions conferred on it by the principal Regulation or these Regulations, a customs officer may detain, for not more than 3 working days, waste specified in that request which has been imported into the United Kingdom or brought to a place for the purpose of being exported from the United Kingdom.
2
Anything detained under this regulation shall be dealt with during the period of its detention in such manner as the Commissioners of Customs and Excise may direct.
3
In this regulation and in regulation 12 below “customs officer” means any officer within the meaning of the Customs and Excise Management Act 1979 .
Objections to shipments of waste in accordance with a waste management plan made by the Secretary of State
11
1
The Secretary of State shall prepare a waste management plan (“the plan”) in accordance with Article 7 of Council Directive 75/442/EEC which shall contain his policies in relation to the import and export of waste for recovery or disposal into and out of the United Kingdom.
2
Any provision in the plan relating to the prevention of imports or exports of waste for disposal shall be in accordance with the principles referred to in Article 4(3)(a)(i), but shall be subject to Article 4(3)(a)(ii) and (iii).
3
For the purpose of preventing movements of waste which are not in accordance with the plan —
a
a competent authority of destination shall, within the applicable time limit, object to any shipment of waste notified under Article 3(1) or 20(1), which the plan indicates should not be imported into the United Kingdom;
b
a competent authority of dispatch shall, within the applicable time limit, object to any shipment of waste notified under Article 3(1) or 15(1), which the plan indicates should not be exported from the United Kingdom.
4
In the case of shipments of waste to which Article 7(4) applies, competent authorities of destination and dispatch shall, within the applicable time limit, raise reasoned objections under the first indent of Article 7(4)(a) to prevent movements of waste which are not in accordance with the plan.
5
It shall be the duty of the Secretary of State —
a
to send a copy of the plan to each competent authority of dispatch and destination; and
b
to make copies of the plan available to the public on payment of such reasonable charges as he thinks fit.
6
Paragraph 4(1)(b) of Schedule 4 to the Waste Management Licensing Regulations 1994 shall have effect as if the reference to any plan made under the plan-making provisions included a reference to a plan made under this regulation.
Offences
12
1
Any person who contravenes a provision of the principal Regulation in the United Kingdom so that waste is shipped in circumstances which are deemed to be illegal traffic under Article 26 commits an offence.
2
Any person who transports, recovers, disposes of, or otherwise handles waste in the United Kingdom in contravention of a condition imposed under the principal Regulation on the shipment of waste commits an offence.
3
Any consignee who, in relation to waste shipped to the United Kingdom, fails to send a certificate of disposal or recovery pursuant to Article 5(6), 8(6) or 20(9) (as the case may be) within the time limit set out in the applicable Article, or sends a certificate which is false in a material particular, commits an offence.
4
Any person who contravenes regulation 7 of these Regulations commits an offence.
5
Any person who supplies information which is false in a material particular to a competent authority in the United Kingdom for the purpose of obtaining a certificate under regulation 7 of these Regulations commits an offence.
6
Any person who, in the United Kingdom, mixes wastes which are the subject of different notifications during shipment contrary to Article 29 commits an offence.
7
Any notifier who ships waste from the United Kingdom without having entered into a contract with the consignee in accordance with Article 3(6), 6(6) or 15(4) where required to do so by the principal Regulation commits an offence.
8
Any notifier who ships waste from the United Kingdom which is required to be accompanied by the information set out in Article 11, signed as required by that rticle, and which is not so accompanied whilst in the United Kingdom, commits an offence.
9
Any person who fails to comply with a notice served on him under regulation 8(2) or 9(2) of these Regulations commits an offence.
10
Any person who intentionally obstructs an inspector or authorised person in the exercise of his powers under regulation 9 of these Regulations or a customs officer in the exercise of his powers under regulation 10 of these Regulations commits an offence.
11
Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
Offences by corporations etc.
13
1
Where an offence under regulation 12 above which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any other person 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.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where, in Scotland, an offence under regulation 12 above which has been committed by a Scottish partnership or an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he, as well as the partnership or association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Defences
14
1
In any proceedings for an offence under regulation 12 above it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
2
In any proceedings for an offence under regulation 12(2)
above, it sall be a defence for the person charged to prove that he was not reasonably able to comply with the condition concerned by reason of an emergency.
3
In any proceedings for an offence under regulation 12(3)
above on the grounds that the consignee has not sent a certificate of disposal or recovery (as the case may be) within the applicable time limit, it shall be a defence for the consignee to prove —
a
that he was not able to send the certificate within that time limit because he had not been able to dispose of or recover the waste in time as a result of an emergency; and
b
that he disposed of or recovered the waste as soon as was reasonably practicable or that he is taking all reasonable steps to ensure that the waste is disposed of or recovered as soon as is reasonably practicable.
Penalties
15
1
Subject to paragraph (2) below, a person who commits an offence under regulation 12 above shall be liable on summary conviction to a fine not exceeding —
a
in Great Britain, the statutory maximum;
b
in Northern Ireland, £2,000;
or on conviction on indictment to imprisonment for a term not exceeding two years, or a fine, or both.
2
A person who commits an offence under paragraph (8)
of regulation 12 above shall be liable on summary conviction to a fine not exceeding —
a
in Great Britain, level 3 on the standard scale;
b
in Northern Ireland, £400.
Provision of information etc.
16
For the purpose of performing any of his functions under the principal Regulation the Secretary of State may, by notice in writing, require any competent authority in the United Kingdom to furnish suc information and documents as may be specified in the notice.
Notices
17
1
Any notice which is authorised to be served on a notifier under regulation 8 above or on a consignee under regulation 9 above may be served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.
2
Any such notice may —
a
in the case of a body corporate, be served on the secretary or clerk of that body; and
b
in the case of a partnership, be served on a partner or a person having the control or management of that partnership business.
3
For the purpose of this regulation and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this regulation, the proper address of any person on whom a notice is to be served shall be the address given for him on the consignment note relating to the shipment of waste in connection with which the notice is to be served.
Amendment of the Control of Pollution (Special Waste) Regulations 1980 and the Pollution Control (Special Waste) Regulations (Northern Ireland) 1981
18
1
For regulation 7 of the Control of Pollution (Special Waste)
Regulations 1980 there shall be substituted the following regulation —
Importers and Exporters
7
1
Subject to paragraph (2) —
a
these Regulations shall apply to a person who imports special waste into Great Britain from Northern Ireland as they apply to a producer and as if the waste were produced at the place where it first enters Great Britain; and
b
regulation 6 shall apply to a person who exports special waste from Great Britain to Norhern Ireland as it applies to a disposer.
2
Regulations 4 to 12 and 17 shall not apply in relation to shipments of waste to which the provisions of Council Regulation (EEC) No. 259/93 (c), other than Title III , apply.
2
In regulation 17 of the Control of Pollution (Special Waste)
Regulations 1980 for “abroad” there shall be substituted “Northern Ireland”.
3
For regulation 8 of the Pollution Control (Special Waste)
Regulations (Northern Ireland) 1981 there shall be substituted the following regulation —
Importers and Exporters
8
1
Subject to paragraph (2) —
a
these Regulations shall apply to a person who imports special waste into Northern Ireland from Great Britain as they apply to a producer and as if the waste were produced at the place where it first enters Northern Ireland; and
b
regulation 7 shall apply to a person who exports special waste from Northern Ireland to Great Britain as it applies to a disposer.
2
Regulations 5 to 13 and 18 shall not apply in relation to shipments of waste to which the provisions of Council Regulation (EEC) No. 259/93 (e), other than Title III, apply.
4
In regulation 18 of the Pollution Control (Special Waste)
Regulations (Northern Ireland) 1981 for “abroad”, there shall be substituted “Great Britain”.
Amendment of the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 and the Waste Management Licensing Regulations 1994
19
1
At the end of Schedule 1 to the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 , there shall be added the following paragraph —
The Transfrontier Shipment of Waste Regulations 1994.
.
2
In note 3 of the guidance notes in Part I of Schedule 2 to the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 and in note 3 of the guidance notes in Part II of that Schedule there shall be added the following paragraph —
the Transfrontier Shipment of Waste Regulations 1994.
.
3
After paragraph (m) in regulation 3 of the Waste Management Licensing Regulations 1994 , there shall be added the following paragraph —
n
the Transfrontier Shipment of Waste Regulations 1994.
.
4
In note 3 of the guidance notes in Part II of Schedule 5 to the Waste Management Licensing Regulations 1994 and in note 3 of the guidance notes in Part III of that Schedule there shall be added the following paragraph —
the Transfrontier Shipment of Waste Regulations 1994.
.
Registration of dealers and brokers
20
1
The register established and mintained by a waste regulation authority pursuant to paragraph 12(5) of Part I of Schedule 4 to the Waste Management Licensing Regulations 1994 shall also be a register of establishments or undertakings registering with the authority under this regulation.
2
The register shall contain the following particulars in relation to each such establishment or undertaking —
a
the name of the establishment or undertaking;
b
the address of its principal place of business; and
c
the address of any place at or from which it carries on business.
3
The waste regulation authority shall enter the relevant particulars in the register in relation to an establishment or undertaking which arranges (as dealer or broker) for the disposal or the recovery of waste if it becomes aware of them as a result of either —
a
that establishment or undertaking applying, before 1st January 1995, to the authority under paragraph 3 of Part I of Schedule 5 to the Waste Management Licensing Regulations 1994 to be registered as a broker of controlled waste; or
b
the authority being otherwise notified in writing before 1st January 1995 of those particulars.
4
An establishment or undertaking registering under paragraph (3)(b) above shall register with the waste regulation authority in whose area its principal place of business in Great Britain is located or, where it has no place of business in Great Britain, with any waste regulation authority.
5
In the case of an establishment or undertaking registered by virtue of paragraph (3)(a) above, its registration under this regulation shall have effect only for so long as its application to be registered as a broker of controlled waste is pending.
6
In the case of an establishment or undertaking registered by virtue of paragraph (3)(b) above, its registration under this regulation shall cease to have effect on 1st January 1995 unless —
a
it has before that date applied to be registered as a broker of controlled waste; and
b
immediately before that date that application is pending,
in which event its registration under this regulation shall continue to have effect for so long as its application to be registered as a broker of controlled waste is pending.
7
For the purposes of this regulation, paragraph 1(4)
and (5) of Part I of Schedule 5 to theWaste Management Licensing Regulations 1994 shall apply for the purpose of determiningwhether an application to be registered as a broker of controlled waste is pending.
8
Where a registration under this regulation ceases to have effect, the waste regulation authority —
a
shall record this fact in the appropriate entry in its register and the date on which it occurred; and
b
may remove the appropriate entry from its register at any time more than three years after the registration ceases to have effect.
9
In this regulation, “waste regulation authority” has the meaning given by section30 of the Environmental Protection Act 1990 .
Revocations
21
1
Subject to paragraph (2) below, the Transfrontier Shipment of Hazardous Waste Regulations 1988 , the Control of Pollution (Special Waste) (Amendment) Regulations 1988 and the Transfrontier Shipment of Hazardous Waste Regulations (Northern Ireland) 1989 are hereby revoked.
2
The Transfrontier Shipment of Hazardous Waste Regulations 1988 and the Transfrontier Shipment of Hazardous Waste Regulations (Northern Ireland) 1989 shall continue to apply in relation to shipments of waste effected before 6th November 1994 under an acknowledgement of receipt issued under Articles 4 and 5 of Council Directive 84/631/EEC on the supervision and control within the European Community of the transfrontier shipment of hazardous waste before these Regulations come into force.
John Gummer
One of Her Majesy’s Principal Secretaries of State
Department of the Environment
22nd April 1994


text:
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No.2) Regulations 1994 and shall come into force on 6th July 1994.
2
In regulation 5 ofthe Taxes (Interest Rate) Regulations 1989 , in the entry relating to Switzerland in the Table —
a
for “6th June 1994” there shall be substituted “6th July 1994”;
b
for “5.7 per cent.per annum.” there shall be substituted “5.5 per cent.per annum.”.
Timothy Kirkhope
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
14th June 1994


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Finance, Miscellaneous Provisions) Regulations 1994 and shall come into force on 30th December 1994.
Interpretation
2
1
In these Regulations —
“the 1991 Order ” means the Rates and Precepts (Final Adjustments) Order 1991 ;
“the 1992 Regulations ” means the Billing Authorities (Anticipation of Precepts) Regulations 1992 ;
“the Levying Bodies Regulations ” means the Levying Bodies (General) Regulations 1992 ;
“the principal Regulations ” means the Local Government Changes for England (Finance) Regulations 1994 ; and
“subsequent year” means any financial year beginning on or after the reorganisation date.
2
In these Regulations the following expressions shall have the same meanings as in the principal Regulations —
“abolished authority”, “acquiring authority”, “the 1992 Act”, “immediately preceding year”, “initial year”, “preliminary period”, “relinquishing authority”, “the reorganisation date”, “section 17 order” and “successor authority”.
Late rating adjustments and notification of estimates
3
Where —
a
a rating authority, as defined in the 1991 Order, is an abolished authority (in this regulation referred to as the “relevant rating authority”); and
b
a successor authority in relation to the relevant rating authority was a precepting body, as defined in the 1991 Order, in relation to that authority for the financial year beginning in 1989 and is a county council to which are transferred, by or in consequence of a section 17 order, the functions of district councils (in this regulation referred to as the “relevant successor authority”),
the relevant successor authority shall not constitute a precepting body for the purposes of articles 3 and 4 of the 1991 Order in relation to the immediately preceding year or any subsequent year.
Precepts: billing authorities
4
For the purposes of the 1992 Regulations, references to a “billing authority” shall, during the preliminary period, include an authority which has the functions of a billing authority under Chapters I, III and IV of Part I of the 1992 Act as regards the initial year by virtue of regulation 49(1) of the principal Regulations.
Levies: billing authorities and county councils
5
In the definition of “relevant authority” in regulation 1(2) of the Levying Bodies Regulations (interpretation) —
a
the reference to a “billing authority” shall, during the preliminary period, include an authority which has the functions of a billing authority under Chapters I, III and IV of Part I of the 1992 Act as regards the initial year by virtue of regulation 49(1) of the principal Regulations; and
b
the reference to a county council shall have effect in the case of a county council in England as if it were a reference to a county council which does not have the functions of district councils.
Levies: successor and acquiring authorities
6
1
Subject to paragraph (2), in the definition of “relevant authority” in regulation 1(2) of the Levying Bodies Regulations the reference to a county council or billing authority shall, during the preliminary period and on or after the reorganisation date —
a
where that council or authority is an abolished authority, have effect as if it were a reference to the successor authority or, if more than one, to all such authorities; and
b
where that authority is a relinquishing authority, have effect as if it were a reference to that authority and the acquiring authority or, if more than one, all such authorities.
2
In the definition of “relevant authority” in regulation 1(2) of the Levying Bodies Regulations, where a levy or any portion of it relates only to a part of an authority’s area (in this paragraph referred to as the “levied area”), the reference to a county council or billing authority shall, during the preliminary period and on or after the reorganisation date —
a
where that council or authority is an abolished authority, have effect as if it were a reference to each successor authority in relation to all or any part of the levied area; and
b
where that authority is a relinquishing authority, have effect as if it were a reference to that authority, where all or any part of the levied area remains within its area on or after the reorganisation date, and to each acquiring authority in relation to all or any part of the levied area.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
14th December 1994


text:
Title and commencement
1
These Regulations may be cited as the Preserved Tuna and Bonito (Marketing Standards) Regulations 1994 and shall come into force on 2nd September 1994.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“the Council Regulation” means Council Regulation ( EEC ) No. 1536/92 laying down common marketing standards for preserved tuna and bonito ;
“food authority” means —
in England, for each non-metropolitan county, metropolitan district and London Borough, the council of that county, district or borough, and for the City of London and the Inner Temple and the Middle Temple, the Common Council of the City of London;
in Wales, the district or borough council; and
in Scotland, an islands or district council,
and in relation to England and Wales, includes a port health authority;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of the Schedule to these Regulations, the subject matter of which is described in column 2 thereof.
2
Other expressions used in these Regulations have, insofar as the context admits, the same meaning as in the Council Regulation.
Enforcement
3
Each food authority is hereby designated an enforcement authority for the purposes of the Council Regulation and shall secure the enforcement and execution of the specified Community provisions within its area.
Offences and penalties
4
1
Subject to paragraph (2) below, any person who contravenes or fails to comply with a specified Community provision shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Paragraph (1) above shall not apply in any case to which Article 5(3), 9(2) or (3) (which contain derogations and transitional provisions) of the Council Regulation applies.
Application of various sections of the Act
5
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations —
section 2 (extended meaning of ‘sale’ etc );
section 3 (presumption that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 30(8) (which relates to documentary evidence);
section 33 (obstruction etc of officers);
section 36 (offences by bodies corporate); and
section 44 (protection of officers acting in good faith).
Amendment of Food Labelling Regulations
6
Paragraph 1 of Schedule 1 (names prescribed by law) to the Food Labelling Regulations 1984 and paragraph 1 of Schedule 1 (names prescribed by law) to the Food Labelling (Scotland) Regulations 1984 shall, respectively, be amended as follows —
a
in sub-paragraph (1) for the words “sub-paragraph (2)” there shall be substituted the words “sub-paragraphs (2) and (4)”;
b
after sub-paragraph (3) there shall be inserted the following sub-paragraph —
4
Sub-paragraph (1) of this paragraph, as read with the following Table, shall not apply to fish regulated by Council Regulation (EEC) No. 1536/92 .
.
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
25th July 1994.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
21st July 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
5th August 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
19th July 1994


text:
Citation and Commencement
1
These Regulations may be cited as the Mineworkers' Pension Scheme (Modification) Regulations 1994 and shall come into force on 31st October 1994.
Interpretation
2
In these Regulations
“the 1946 Act ” means the Coal Industry Nationalisation Act 1946 ;
“the 1994 Act ” means the Coal Industry Act 1994;
“ the Scheme ” means the Mineworkers' Pension Scheme which was established under the Coal Industry Nationalisation (Superannuation) Regulations 1950 made under section 37 of the 1946 Act on 1 January 1952 by a resolution of 25 October 1951 of the National Coal Board and which was amended by subsequent resolutions of that Board the name of which was changed to the British Coal Corporation by section 1(1) of the Coal Industry Act 1987 .
Continuance in Force of the Scheme
3
The Scheme, being an existing scheme within the meaning of Schedule 5 to the 1994 Act, shall continue in force notwithstanding the repeal by the 1994 Act of section 37 of the 1946 Act and of the enactments modifying that section.
Modification of the Scheme
4
The Scheme shall be modified so as to have effect as set out in the Schedule hereto by the omission of the provisions thereof which are crossed out in that Schedule and the insertion of the provisions which appear therein in italics.
Tim Eggar
Minister for Industry and Energy,
Department of Trade and Industry
4th October 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Western Regional Health Authority (Transfer of Trust Property); Order 1994 and shall come into force on 3rd March 1994.
2
In this Order “the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Plymouth and Torbay Health Authority and the South Western Regional Health Authority on 20th October 1993, which schedule has been signed on behalf of both those Authorities.
Transfer of trust property
2
On 3rd March 1994 the trust property shall be transferred from the Plymouth and Torbay Health Authority to the South Western Regional Health Authority.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
3rd February 1994


text:
Title and commencement
1
These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
Amendment of the Plant Breeders' Rights (Fees) Regulations 1990
2
For the Schedule to the Plant Breeders' Rights (Fees) Regulations 1990 there shall be substituted the Schedule set out in the Schedule to these Regulations.
Revocation
3
The Plant Breeders' Rights (Fees) (Amendment) Regulations 1993 are revoked.
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
23rd February 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
22nd February 1994
John Redwood
Secretary of State for Wales
7th March 1994
Patrick Mayhew
Secretary of State for Northern Ireland
9th March 1994
Michael Howard
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
28th February 1994
We approve,
Andrew Mackay
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd February 1994


text:
1
1
This Order may be cited as the Cleveland Tertiary College (Incorporation) Order 1994 and shall come into force on 29th June 1994 (“the Commencement Date”).
2
On the Commencement date there shall be established a body corporate called “Cleveland Tertiary College” for the purpose of establishing and conducting from the operative date a new educational institution of that name (to be formed by the merger of Cleveland College of Further Education and Sir William Turner’s Sixth Form College, Redcar).
3
The “operative date” in relation to the further education corporation established by this Order shall be 1st August 1994, and the corporation shall conduct Cleveland Tertiary College from that date.
John Patten
Secretary of State for Education
26th May 1994


text:
1
This Order may be cited as the Wireless Telegraphy (Guernsey) Order 1994 and shall come into force on 1st June 1994.
2
In this Order, the expression “Guernsey” means the Bailiwick of Guernsey.
3
1
Part VI and sections 102, 106(4) and (5), 109(6) and 110(1) of, Schedule 3 to and Part IV of Schedule 7 to, the Telecommunications Act 1984 shall extend to Guernsey subject to the exceptions, adaptations and modifications specified in Part I of the Schedule to this Order.
2
Sections 168 to 173 of and Schedule 16 to the Broadcasting Act 1990 shall extend to Guernsey with the exceptions, adaptations and modifications specified in Part II of the Schedule to this Order.
4
Paragraph (e) and the words “, 16” in paragraph (g) of article 3(1) of, and paragraphs41 and 57 of the Schedule to, the Broadcasting Act 1990 (Guernsey) ( No. 2) Order 1991 are hereby revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gloucestershire Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on13th July 1994.
2
In this Order —
“the Authority” means the Gloucestershire Health Authority;
“the Trust” means the Gloucestershire Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 1st April 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th July 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
14th June 1994


text:
1
This Order may be cited as the Merchant Shipping (Salvage and Pollution) Act 1994 (Commencement No. 1) Order 1994.
2
The provisions of the Merchant Shipping (Salvage and Pollution) Act 1994 specified in the first column of Schedule 1 to this Order (which relate to the matters specified in the second column of that Schedule) shall come into force on 28th July 1994.
3
The provisions of the Merchant Shipping (Salvage and Pollution) Act 1994 specified in the first column of Schedule 2 to this Order (which relate to the matters specified in the second column of that Schedule) shall come into force on 1st October 1994.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
26th July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Parkside National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 21st March 1994.
2
In this Order —
“the Authority” means the Kensington Chelsea and Westminster Health Authority;
“the Trust” means the Parkside National Health Service Trust;
“the trust property” means the items specified in two schedules of trust property prepared by and agreed upon by the Authority and the Trust on 17th January 1994, which schedules have been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 21st 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
21st February 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Statutory Sick Pay Act 1994 (Consequential) Regulations 1994 and shall come into force on 6th April 1994.
2
In these Regulations —
“ the Act ” means the Statutory Sick Pay Act 1994;
“the Compensation of Employers Regulations ” means the Statutory Sick Pay (Compensation of Employers) and Miscellaneous Provisions Regulations 1983 ;
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992; and
“the Recoupment Regulations ” means the Social Security (Recoupment) Regulations 1990 .
Amendment of the Compensation of Employers Regulations
2
In regulation 2(1) of the Compensation of Employers Regulations (deductions from contributions payments) the words “, and an amount equal to 80 per cent. of the aggregate of such of those payments as do not so qualify,” shall be omitted.
Amendment of the Recoupment Regulations
3
In regulation 2 of the Recoupment Regulations (relevant benefits) sub-paragraph (1) of paragraph (1) and paragraph (3) shall be omitted.
Transitional Provisions
4
The Compensation of Employers Regulations shall continue to have effect for the purpose of entitling an employer to recover an amount equal to 80 per cent. of the aggregate of any payments of statutory sick pay paid (whether before or after 6th April 1994) in respect of any day of incapacity for work before 6th April 1994 as if section 1 of the Act had not been enacted and regulation 2 of these Regulations had not come into force.
5
1
The Recoupment Regulations shall continue to have effect for the purpose of entitling the Secretary of State to recover —
a
an amount equal to any statutory sick pay paid between 1st January 1989 and 5th April 1991; and
b
an amount equal to 80 per cent. of any statutory sick pay paid between 6th April 1991 and 5th April 1994,
from compensation payments as if section 1(2) of the Act had not been enacted and regulation 3 of these Regulations had not come into force.
2
In this regulation “compensation payments” shall have the same meaning as in section 81(1) of the Social Security Administration Act 1992.
6
1
Subject to paragraph (2) below, where a woman over the age of 60 has a period of incapacity for work in relation to her contract of service and that period of incapacity for work began before 6th April 1994 and had not come to an end before that date, a period of entitlement to statutory sick pay shall be deemed to arise subject to the provisions of section 153(3) of, and Schedule 11 to the Contributions and Benefits Act, on the first day of incapacity arising on or after 6th April 1994.
2
Where a woman over the age of 60 receives remuneration under a contract of service and such remuneration is equal to, or more than the appropriate rate of statutory sick pay as specified in section 157(1) of the Contributions and Benefits Act, no period of entitlement to statutory sick pay will arise.
Signed by authority of the Secretary of State for Social Security.
Astor
Parliamentary Under-Secretary of State,
Department of Social Security
14th March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Sale of Registration Marks (Amendment) Regulations 1994 and shall come into force on 16th December 1994.
Interpretation
2
In these Regulations “the principal regulations” means the Sale of Marks Regulations 1989 .
Amendment of Schedule 1 to the principal regulations
3
1
Schedule 1 to the principal regulations shall be amended as follows.
2
In paragraph 1(1)–
a
the definition of “the 1971 Act” shall be omitted; and
b
after the definition of “the 1988 Act” there shall be inserted ““the 1994 Act ” means the Vehicle Excise and Registration Act 1994;”
3
In paragraph 2 for the words “section 12 of the Finance Act 1989” there shall be substituted “section 27 of the 1994 Act”.
4
In paragraph 3 at the end there shall be inserted “or in accordance with paragraph 3A”.
5
The following paragraph shall be inserted after paragraph 3–
3A
1
At any time before a relevant right is exercised, the Secretary of State may accept an application by the purchaser–
a
to nominate a person for the purposes of paragraph 2(b) notwithstanding that no person was nominated in accordance with paragraph 3; or
b
to nominate a different person in place of a person nominated in accordance with paragraph 3 or this paragraph,
if the conditions specified in sub–paragraph (2) are fulfilled in relation to the application.
2
The conditions referred to in sub–paragraph (1) are that–
a
the application was made in writing;
b
the applicant has submitted the certificate of entitlement relating to the relevant right; and
c
an application fee of £25 accompanied the application.
6
In paragraph 4, the following sub–paragraph shall be inserted after sub–paragraph (4):–
5
If, after the issue of a certificate of entitlement, the Secretary of State accepts an application under paragraph 3A for the nomination of a person for the purposes of paragraph 2(b), he shall issue to the purchaser a new certificate of entitlement which records the name of the person nominated in pursuance of the application.
7
In paragraph 6(3), for the words “the 1971 Act” in both places where they occur there shall be substituted “the 1994 Act”.
8
In paragraph 8(2)(b), for the words “the 1971 Act” there shall be substituted “the 1994 Act”.
9
In paragraph 10, for the words “section 12(1) of the Finance Act 1976” there shall be substituted “section 25(1) of the 1994 Act”.
Amendment of Schedule 2 to the principal regulations
4
1
Schedule 2 to the principal regulations shall be amended as follows.
2
In paragraph 1(1)–
a
the definition of “the 1971 Act” shall be omitted;
b
after the definition of “the 1988 Act” there shall be inserted ““the 1994 Act” means the Vehicle Excise and Registration Act 1994;”
c
in the definition of “the GB records” for the words “the 1971 Act” there shall be substituted “the 1994 Act”;
d
for the definition of “purchase price” there shall be substituted ““purchase price” means the sum payable in respect of the acquisition of a relevant right determined as provided in paragraph 6(1);”
3
The following paragraph shall be substituted for paragraph 3–
Nominations
3
1
The purchaser may nominate a person for the purposes of paragraph 2(1)(b)–
a
at any time before he makes the payment referred to in paragraph 6(3); or
b
by means of an application in accordance with sub–paragraph (2).
2
At any time before a relevant right is exercised, the Secretary of State may accept an application by the purchaser–
a
to nominate a person for the purposes of paragraph 2(1)(b) notwithstanding that no person has been nominated in accordance with sub–paragraph (1);
b
to nominate a different person in place of a person already nominated,
if the conditions specified in sub–paragraph (3) are fulfilled in relation to the application.
3
The conditions referred to in sub–paragraph (2) are that–
a
the application was made in writing;
b
the applicant has submitted the certificate of entitlement relating to the relevant right;
c
an application fee of £25 accompanied the application.
4
In paragraph 5(3), paragraph (b) and, in paragraph (c), the words “in any case other than one mentioned in sub–paragraph (b)” shall be omitted.
5
Paragraph 6(2) shall be omitted.
6
The following sub–paragraph shall be substituted for sub–paragraph (3) of paragraph 6–
3
On the acquisition of a relevant right there shall be payable in respect of the assignment of the registration mark pursuant to the right a sum of the same amount as the charge which is for the time being prescribed by virtue of section 25(1) of the 1994 Act.
7
The following paragraph shall be substituted for paragraph 7–
7
The fee payable for an extension or further extension of the period in which a relevant right may be exercised shall be £25.
8
In paragraph 8, after sub–paragraph (5) the following sub–paragraph shall be inserted–
6
If the Secretary of State accepts an application in accordance with paragraph 3(2) for the nomination of a person for the purposes of paragraph 2(1)(b) after the issue of a certificate of entitlement, he shall issue to the purchaser a new certificate of entitlement which records the name of the person nominated in pursuance of the application.
9
In paragraph 9(2)(b), for the words “the 1971 Act” in both places where they occur there shall be substituted “the 1994 Act”.
10
In paragraph 10(2), for the words “the 1971 Act” there shall be substituted “the 1994 Act”.
11
In paragraph 11, for the words “section 12 of the Finance Act 1976” there shall be substituted “section 25(1) of the 1994 Act”.
12
The following paragraph shall be substituted for paragraph 14–
Refunds
14
1
Any sum paid to the Secretary of State in accordance with paragraph 6(3) shall be retained by him, whether or not there is an assignment of the relevant registration mark, except where the conditions specified in sub–paragraph (2) are fulfilled, in which case the Secretary of State shall refund the sum to the purchaser of the relevant right in respect of which it was paid.
2
The conditions referred to in sub–paragraph (1) are that–
a
the Secretary of State has revoked the relevant right in respect of which the sum was paid or the period during which that right was exercisable has expired without its having been exercised;
b
a written application for a refund was made by the purchaser;
c
the application was accompanied by the relevant certificate of entitlement; and
d
the application was received by the Secretary of State within the period of six years starting with the date on which the relevant right was revoked or ceased to be exercisable.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
24th November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borders General Hospital National Health Service Trust (Establishment) Order 1994 and shall come into force on 29th November 1994.
2
In this Order–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 29th November 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Borders General Hospital 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 Borders General Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(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 boards) shall be to own and manage the hospital establishment or facility known as Borders General Hospital, Melrose, and establishments associated with that hospital, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with those establishments and the support services related thereto.
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 1995.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Borders Health Board shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Borders Health Board 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 the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Borders Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
25th November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mancunian Community Health 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 South Manchester Health Authority;
“the Trust” means the Mancunian Community Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 30th 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.
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
8th March 1994


text:
1
This Order may be cited as the Double Taxation Relief (Air Transport) (Saudi Arabia) Order 1994.
2
It is hereby declared —
a
that the arrangements specified in the Agreement set out in the Schedule to this Order have been made with the Government of the Kingdom of Saudi Arabia 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 Saudi Arabia;
b
that it is expedient that those arrangements should have effect.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Authorities (Selection Panel) Regulations 1994.
2
Subject to paragraph (3) below, these Regulations shall come into force on the day when Schedule 2 to the Police and Magistrates' Courts Act 1994 (by which Schedule 1C to the 1964 Act is inserted) is brought into force by order under section 94(1) of that Act of 1994 for the purpose of the appointment of members of the police authorities established under section 3 of the 1964 Act .
3
Regulations 3, 4 and 8 below shall come into force —
a
on the day referred to in paragraph (2) above, or
b
1st December 1994,
whichever is the later.
c
These Regulations extend to England and Wales only.
Interpretation
2
In these Regulations —
“the 1964 Act” means the Police Act 1964;
“panel” means selection panel;
“relevant authority member” means a member of the police authority appointed (or to be appointed) under paragraph 5 of Schedule 1B to the 1964 Act .
Notifications by clerk
3
1
Not less than four months before the term of office of a relevant authority member is due to expire, the clerk to the police authority shall notify the members of the panel of this fact.
2
Where a person ceases to be a relevant authority member otherwise than on the expiry of his term of office, the clerk to the police authority shall notify the members of the panel of this fact.
Requirement to advertise
4
1
Subject to paragraph (3) below, where a panel are required to nominate persons willing to be candidates to be appointed as relevant authority members, they shall publish in at least two newspapers circulating in the police area for which they are appointed a notice stating the matters referred to in paragraph (2) below.
2
The matters to be included in a notice published under paragraph (1) above are —
a
the name of the police authority and police area;
b
that a vacancy exists, or will exist, amongst those members of that authority to which members of the public are eligible for appointment;
c
that the duties in connection therewith include —
i
attendance at meetings of the police authority and its committees;
ii
keeping abreast of developments in both local and national policing;
iii
representing the police authority in discussions with interested parties;
iv
attendance at local police consultative groups, and
v
liaising with representatives of the local community on policing issues;
d
that persons are only eligible for appointment if they —
i
are aged over 21 and under 70 years;
ii
live or work in the police area at the time of their appointment;
iii
have lived or worked in that area for at least the whole of the period of twelve months prior to their appointment, and
iv
are not otherwise disqualified;
e
that, if a person wishes to have his name put forward, he must apply to the panel for an application form, and
f
the date, not being less than one month after the date when the notice is published, by which the application form must be completed and returned to the panel if it is to be considered by them in connection with a particular vacancy.
3
This regulation shall not apply where —
a
either of the conditions specified in paragraph (4) below is satisfied, and
b
the panel have decided to exercise the discretion conferred on them by regulation 8(1) below, and
c
on completion of the procedure required by regulation 8(2) below, the panel have the names of a sufficient number of persons willing to be nominated as candidates for appointment as relevant authority members.
4
The conditions referred to in paragraph (3)(a) above are —
a
that, at the date when the vacancy occurred or, as the case may be, is expected to occur, less than two years have passed since the coming into force of this regulation;
b
that, at that date, less than two years have passed since the date of the publication of the last notice previously published in accordance with paragraph (1) above.
5
In paragraph (3) above “sufficient number” means a number four times greater than the number of appointments that are to be made under paragraph 5 of Schedule 1B to the 1964 Act.
Applications to be considered for appointment to police authority
5
1
A member of the public who wishes to be considered for appointment as a relevant authority member shall submit an application to the panel setting out —
a
his name and address;
b
his age;
c
his current occupation, if any, and any positions held by him up to ten years before the date of the application;
d
his relevant skills and experience;
e
his academic, professional and vocational qualifications, if any; and
f
the reasons why he wishes to be so considered.
2
The panel shall supply free of charge to any person not disqualified for membership a form for the purposes of an application under paragraph (1) above.
3
Together with a form supplied under paragraph (2) above there shall be supplied information about the office of relevant authority member including a statement setting out paragraphs 11, 12, 14 and 15 of Schedule 1B to the 1964 Act as it applies to such members.
4
An application made before the coming into force of this regulation which satisfies the requirements of paragraph (1) above shall have effect as if made under that paragraph.
Consideration of applications by panel
6
1
A panel shall consider any application for appointment as a relevant authority member which has been duly made under regulation 5 above.
2
Where an application has been received at a time when no appointment under paragraph 5 of Schedule 1B to the 1964 Act is required to be made, the panel may delay considering it until such time as the panel are required to nominate persons willing to be so appointed.
3
Subject to paragraph (5) below, a panel may only consider applications under paragraph (1) above and may only nominate persons under paragraph 8 of Schedule 1C to the 1964 Act if all of their members are present.
4
A decision of a panel to nominate a person under paragraph 8 of Schedule 1C to the 1964 Act may be taken by a majority of their members.
5
A panel may act if two of their members are present if —
a
not less than one week’s notice was given of the meeting in question; or
b
the member of the panel who is not present has previously consented in writing to the other members acting in his absence; or
c
the meeting is held for the purpose of making the appointment referred to in paragraph 1(2)(c) of Schedule 1C to the 1964 Act.
Record maintained by panel
7
1
The members of a panel shall maintain a record of the persons who have applied to be considered for appointment as relevant authority members.
2
The record maintained under this regulation shall state —
a
the name and address of every applicant together with his age;
b
such details about the application as the members of the panel consider appropriate;
c
in the case of a person nominated under paragraph 8 of Schedule 1C to the 1964 Act, that fact; and
d
in the case of a person who is disqualified for being appointed as a relevant authority member, the grounds of the disqualification.
3
An entry in the register maintained under this regulation may be deleted on the expiry of four years from the date when it was made.
Nominations by panel from names listed in record
8
1
Where —
a
a panel are required to nominate persons willing to be candidates to be appointed as relevant authority members, and
b
either of the conditions in regulation 4(4) above is satisfied,
the panel may consider the names of the persons previously listed in the record maintained under regulation 7 above, except regulation 7(2)(d), with a view to nominating persons included in that record without complying with regulation 4(1) above.
2
Where a panel propose to nominate the name of any such person they shall give that person a notice —
a
stating their proposal, and
b
requiring him to reply not later than three weeks after the date of that notice stating that he continues to be willing to be nominated to be a candidate for appointment as a relevant authority member.
John Redwood
One of Her Majesty’s Principal Secretaries of State
Home Office
1st August 1994


text:
Citation and interpretation
1
1
This Order may be cited as the Coal Industry Act 1994 (Commencement No. 1) Order 1994.
2
In this Order “ the Act ” means the Coal Industry Act 1994.
Coming into force of certain provisions of Act
2
The provisions of the Act specified in the first column of the Schedule to this Order (which relate to the matters specified in the second column thereof) shall come into force on 19th September 1994.
Tim Eggar
Minister for Industry and Energy,
Department of Trade and Industry
21st August 1994


text:
Citation and commencement
1
This Order may be cited as the Importation of Animal Products and Poultry Products (Amendment) Order 1994 and shall come into force on 14th December 1994.
Amendments to The Importation of Animal Products and Poultry Products Order 1980
2
1
The Importation of Animal Products and Poultry Products Order 1980 is hereby amended in accordance with this article.
2
For article 2(a) of that Order (definition of poultry) there shall be substituted the following provision:
a
the definition of the expression “poultry” in section 87(4) of the 1981 Act is hereby extended so as to comprise all birds, and
.
3
In article 3 (interpretation) for the definition of “animal product” there shall be substituted the following definition:
“animal product” means anything originating or made (whether in whole or in part) from a living or dead animal and includes the carcase or any part of the carcase of an animal, but does not include ova, semen or embryos;
.
4
In article 3 for the definition of “poultry product” there shall be substituted the following definition:
“poultry product” means anything originating or made (whether in whole or in part) from living or dead poultry and includes the carcase or any part of the carcase of poultry, but does not include semen or hatching eggs.
.
5
The following Schedule shall be substituted for the Schedule to the Order:
SCHEDULE
ANIMAL PRODUCTS AND POULTRY PRODUCTS TO WHICH THE PROHIBITION IN ARTICLE 4(1) DOES NOT APPLY
Article 4(5)
Substances subject to the provisions of the Medicines Act 1968 .
Animal pathogens or carriers as defined in the Importation of Animal Pathogens Order 1980 whether or not the pathogen or carrier is imported from outside the European Economic Area.
.
Amendments to the Importation of Embryos, Ova and Semen Order 1980
3
The Importation of Embryos, Ova and Semen Order 1980 is hereby amended by substituting for article 2(a) (extension of the definition of poultry and disease) the following:
a
the definition of the expression “poultry” in section 87(4) of the Animal Health Act 1981 is hereby extended so as to comprise all birds, and
.
Revocations
4
The Importation of Animal Products and Poultry Products (Amendment) Order 1980 and the Importation of Animal Products and Poultry Products (Amendment) Order 1981 are hereby revoked.
Angela Browning
Parliamentary Secretary of State,
Ministry of Agriculture,
Fisheries and Food
15th November 1994
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
16th November 1994
Signed by authority of the Secretary of State for Wales.
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
14th November 1994