text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) Regulations 1994 and shall come into force on 1st January 1995.
Revocation
2
The Regulations specified in Schedule 1 hereto are hereby revoked.
Interpretation
3
1
In these Regulations —
“ AIP ” in relation to a country other than the United Kingdom means a document in force at the date of the making of these Regulations, entitled “Aeronautical Information Publication” or “AIP” and published by a public authority of that country;
“authorised person” means any constable or any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“ ECUs ” means European Currency Units being units of account defined by reference to more than one currency;
“ FIR ” means “Flight Information Region”;
“specified airspace” means the airspace of a FIR described as set forth in columns 1 and 2 of Schedule 2 hereto;
“United Kingdom Air Pilot” means the document so entitled in force at the date of the making of these Regulations and published by the CAA.
2
Expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Order 1989 .
Charge to be paid to Eurocontrol
4
1
Subject to the provisions of these Regulations the operator of any aircraft (in whatsoever State it is registered) for which navigation services (not being navigation services provided in connection with the use of an aerodrome) are made available in a specified airspace shall pay to Eurocontrol, in respect of each flight by that aircraft in that airspace, a charge for those services (hereinafter referred to as “the charge”) at the appropriate rate calculated in accordance with regulation 6 or 7 of these Regulations, whichever shall apply in the circumstances.
2
If Eurocontrol is unable, after taking reasonable steps, to ascertain who is the operator, it may give notice to the owner of the aircraft that it will treat him as the operator until he establishes to the reasonable satisfaction of Eurocontrol that some other person is the operator; and from the time when the notice is given Eurocontrol shall be entitled, for so long as the owner is unable to establish as aforesaid that some other person is the operator, to treat the owner as if he were the operator, and for that purpose the provisions of these Regulations (other than this paragraph) shall apply to the owner of the aircraft as if he were the operator.
3
The operator of an aircraft shall not be required to pay any charge to Eurocontrol under these Regulations in respect of a flight if he has previously paid to Eurocontrol in respect of that flight a charge of the same or a greater amount under the law of a country specified in column 1 of Schedule 2 hereto.
Payment
5
1
The amount of the charge shall be payable to Eurocontrol at its principal office in Brussels and shall be paid in ECUs.
2
Without prejudice to any existing rule of law relating to the recovery of a debt expressed in ECUs, the equivalent in sterling of the charge may be recovered in any court of competent jurisdiction in the United Kingdom.
3
If the amount of the charge payable under regulation 4(1) is not paid by the operator of the aircraft within 24 days of the date payment is demanded by Eurocontrol, interest calculated in accordance with paragraph (4) below on the unpaid amount shall be paid from that day until the date when payment is made.
4
Interest payable under paragraph (3) shall be simple interest calculated from day to day at the rate of 9.25%.
5
Nothing in this regulation shall prevent Eurocontrol from accepting as a good discharge payment other than in ECUs or at places other than the principal office of Eurocontrol.
Calculation of the Charge
6
1
Except in the case of flights specified in regulation 7 of these Regulations, the charge shall be calculated in ECUs according to the following formula —
r = N × U
where
r is the charge for the flight, N is the number of service units relating to that flight and U is the appropriate unit rate specified in column 3 of Schedule 2 hereto in relation to the specified airspace through which the flight is made, increased or decreased as the case may be by the same percentage as the relevant national currency has increased or decreased against the ECU as compared with the rate of exchange specified in column 4 of the said Schedule in relation to that airspace.
2
For the purpose of the preceding paragraph, the number of service units relating to a flight shall be calculated in accordance with the following formula —
N = d × p
where
d is the distance factor for the flight in the specified airspace in question and p is the weight factor for the aircraft concerned.
3
For the purposes of the preceding paragraph —
a
the distance factor shall be the number of kilometres in the great circle distance between the points specified in paragraph (4) of this regulation minus 20 kilometres for each landing and take-off in the specified airspace in question, divided by 100 and expressed to two places of decimals, and
b
the weight factor, subject to the provisions of paragraph (6) of this regulation, shall be equal to the square root of the quotient obtained by dividing by 50 the number of metric tonnes of the maximum total weight authorised of the aircraft and shall be expressed to two places of decimals.
4
The points referred to in paragraph (3) of this regulation are —
a
the aerodrome of departure within the specified airspace in question or, if there is no such aerodrome, the point specified in paragraph (5) of this regulation as the standard point of entry into that airspace for the route in question or, in the cas e specified in the proviso to that paragraph, the actual point of entry into that airspace; and
b
the aerodrome of first destination within the specified airspace in question or, if there is no such aerodrome, the point specified in paragraph (5) of this regulation as the standard point of exit from that airspace for the route in question or, in the case specified in the proviso to that paragraph, the actual point of exit from that airspace.
5
The standard points of entry and exit referred to in paragraph (4) of this regulation are the points, as described in the United Kingdom Air Pilot or relevant AIP as the case may be, where the median line of the appropriate airway or upper Air Traffic Service route so described crosses the boundary of the airspace in question.
For the purposes of this paragraph, the appropriate airway or route, in the case of a flight made between 1st January and 31st December in any year, shall be —
the airway or route between the aerodrome of departure and the aerodrome of first destination which appears to Eurocontrol on 1st January of that year to be the most frequently used such airway or route; or
if Eurocontrol is unable to ascertain on 1st January of that year which such airway or route is the most frequently used, the shortest such airway or route;
Provided that in the case of a flight in respect of which the aerodrome of departure or the aerodrome of first destination is situated in one of the zones specified in column 1 of Schedule 3 to these Regulations but that aerodrome is not specified in column 2 of the said Schedule the point of entry into or, as the case may be, of exit from the said airspace shall be the actual point where the flight in question crosses the lateral limits of that airspace as described in the United Kingdom Air Pilot or relevant AIP as the case may be.
6
The weight factor for an aircraft of any type shall be calculated by reference to the maximum total weight authorised of the heaviest aircraft of that type:
Provided that where an operator has indicated to Eurocontrol, within the period of one year immediately preceding the flight, the composition of the fleet of aircraft which he operates and which includes two or more aircraft which are different versions of the same type of aircraft, the weight factor shall be calculated by reference to the average of the maximum total weight authorised of all his aircraft of that type so indicated to Eurocontrol.
7
The charge in relation to a flight which enters a specified airspace and in respect of which the aerodrome of departure or the aerodrome of first destination, as the case may be, is specified in column 2 of Schedule 3 hereto and the aerodrome of the first destination or the aerodrome of departure, as the case may be, is situated in any one of the zones specified in column 1 of that Schedule shall be calculated in ECUs according to the following formula —
C = Z × p
where
C is the charge payable, Z is the charge specified in column 3 of the said Schedule (appropriate to the maximum total weight authorised of 50 metric tonnes) increased or decreased as the case may be by the same percentage as the relevant national currencies have increased or decreased against the ECU as compared with the rate of exchange specified in column 4 of Schedule 2 hereto in relation to that airspace and p is the weight factor of the aircraft concerned determined in accordance with regulation 6(3)(b) and 6(6) of these Regulations.
8
1
For the purposes of regulations 6 and 7 the rate of exchange of the ECU to a national currency shall be —
a
where the average monthly rate of exchange of the ECU to that national currency is established by the Commission of the European Communities, such rate of exchange, and publication in the Official Journal of the European Communities (Information and Notices) for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved, and
b
where the average monthly rate of exchange of the ECU to that national currency is not established by the Commission of the European Communities, such rate of exchange as is calculated by reference to the rate of exchange between the ECU and the United States dollar and between the relevant national currency and the United States dollar established by the International Monetary Fund and publication in the International Financial Statistics of the International Monetary Fund for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be the International Financial Statistics published by the International Monetary Fund shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a document.
2
a
Where the average monthly rate of exchange of the ECU to a national currency is established by the Commission of the European Communities, in the event that the Commission of the European Communities does not publish the Official Journal (Information and Notices) for the month preceding the month during which the flight takes place, a certificate given by or on behalf of the Treasury stating the average monthly rate of exchange of the ECU to the relevant national currency for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved; and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
b
Where the average monthly rate of exchange of the ECU to a national currency is not established by the Commission of the European Communities, in the event that the International Monetary Fund does not publish the International Financial Statistics for the month during which the flight takes place, a certificate given by or on behalf of the Treasury stating the average monthly rate of exchange between the ECU and the United States dollar and between the relevant national currency and the United States dollar for the month preceding the month during which the flight takes place shall be sufficient evidence of that matter unless the contrary is proved, and a document purporting to be such a certificate shall in any proceedings be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
Exempt Flights
9
These Regulations shall not apply to the following flights —
i
flights by military aircraft;
ii
flights made for the purposes of search and rescue operations;
iii
flights by aircraft of which the maximum total weight authorised is 5,700 kg or less made entirely in accordance with the Visual Flight Rules in the Rules of the Air Regulations 1991 ;
iv
flights terminating at the aerodrome from which the aircraft has taken off;
v
flights other than the flights referred to in paragraph (i) of this regulation made by aircraft which are used in the service of a State (including for customs or police purposes) and which are not made for commercial purposes;
vi
flights made exclusively for the purpose of checking or testing equipment used or intended to be used as aids to air navigation;
vii
flights made exclusively for the purpose of the instruction or testing of flight crew;
viii
flights made by aircraft of which the maximum total weight authorised is less than two metric tonnes;
ix
flights between points within the specified airspace of Austria;
x
flights between points within the specified airspace of France;
xi
flights made by helicopters between any point in the United Kingdom to a vessel or an offshore installation within the area bounded by straight lines joining successively the following points —
N5500 E00302; N5500 W00100; N5600 W00230; N5740 W00230; N5740 W00400; N5830 W00400; N5830 W00500; N6300 W00500; N6300 E/W00000;
and thence south by the Median Line to N5500 E00302;
xii
flights made by helicopters between any point in the United Kingdom to a vessel or an offshore installation within the area bounded by straight lines joining successively the following points —
N5500 W00100; N5500 E00300; N5423 E00245; N5256 E00309; N5230 E00247; N5226 E00137; N5238 E00140; N5251 E00124; N5319 E00010; N5500 W00100.
Detention and sale of aircraft for unpaid charges
10
Where default is made in the payment of the charges incurred in respect of any aircraft under these Regulations Eurocontrol may request the CAA to act on behalf of Eurocontrol in accordance with the provisions of regulations 11 to 14.
11
Where such a request has been made, the CAA or an authorised person may on behalf of Eurocontrol, subject to the provisions of this and the following regulations, take such steps as are necessary to detain, pending payment, either —
a
the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
b
any other aircraft of which the person in default is the operator at the time when the detention begins;
and if the charges are not paid within 56 days after the date when the detention begins, the CAA may, subject to the following regulations, sell the aircraft on behalf of Eurocontrol in order to satisfy the charges.
12
The CAA or the authorised person concerned shall not detain, or continue to detain, an aircraft on behalf of Eurocontrol under these Regulations by reason of any alleged default in the payment of the charges payable under these Regulations if the operator of the aircraft or any other person claiming an interest therein —
a
disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 11(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
b
gives to Eurocontrol, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
13
a
The CAA shall not sell an aircraft on behalf of Eurocontrol under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to Eurocontrol for charges under these Regulations, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell on behalf of Eurocontrol is liable to sale under these Regulations by reason of default.
b
In this regulation, “the court” means, as respects England, Wales and Northern Ireland, the High Court, and as respects Scotland, the Court of Session.
14
The CAA shall, before applying to the court for leave to sell an aircraft on behalf of Eurocontrol under regulation 13 above, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in Schedule 4 to these Regulations. If such leave is given, the CAA shall secure that the aircraft is sold on behalf of Eurocontrol for the best price that can reasonably be obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
15
The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say —
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of the charges in respect of any aircraft which the court has found to be due from the operator by virtue of these or any other Regulations under section 73 of the Civil Aviation Act 1982;
d
in payment of any interest on unpaid charges incurred in respect of any aircraft which the court has found to be due from the operator by virtue of these Regulations;
e
in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.
16
The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 11 to 15 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
17
The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
18
The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on an aerodrome to which section 88 of the Civil Aviation Act 1982 applies or at Belfast International Airport, Belfast City Airport or Londonderry (Eglinton) Airport.
19
Nothing in these Regulations shall prejudice any right of Eurocontrol to recover any charges, or any part thereof, or interest on unpaid charges, by action.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
1st December 1994


type: legislation

jurisdiction: UK

text:
1
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
In this Order —
All measurements of distance are measured along the route of the relevant highway.
i
“the deposited plan” means the plan numbered HA10/2 WO 98 and marked “the Cardiff — Glan Conwy Trunk Road (A470) (Nant Crew Improvement) Order 1994”, signed by authority of the Secretary of State and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“the new trunk road” means the highway mentioned in article 1 of this Order;
iii
“the trunk road” means the Cardiff — Glan Conwy Trunk Road (A470);
4
This order shall come into force on 7th November 1994 and may be cited as the Cardiff — Glan Conwy Trunk Road (A470) (Nant Crew Improvement) Order 1994.
Signed by authority of the Secretary of State
P. R. Marsden
A Grade 6 Officer in the Welsh Office
Dated the 10th October 1994


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Brancaster Staithe Fishery (Variation) Order 1994 and shall come into force on 20th September 1994.
2
In this Order “the principal Order ” means the Brancaster Staithe Fishery Order 1979.
Variation of the principal Order
2
The principal Order shall be varied in accordance with article 3 of this Order.
3
In article 4 of the principal Order for the words “for 15 years from the date of its coming into operation” there shall be substituted the words “for 30 years from the date of its coming into operation”.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
William Waldegrave
Minister of Agriculture, Fisheries and Food
12th August 1994.


text:
Citation and interpretation
1
1
This Order may be cited as the Transport and Works Act 1992 (Commencement No. 5 and Transitional Provisions) Order 1994.
2
In this Order “ the Act ” means the Transport and Works Act 1992.
Provisions coming into force
2
The provisions of the Act specified in the first column of the Schedule to this Order (which relate to matters specified in the second column of that Schedule) shall come into force on 5th April 1994.
Transitional provisions
3
1
The repeal of the provisions of section 25 of the Tramways Act 1870 effected by this Order shall not affect the operation of those provisions in relation to a tramway in respect of which notice of intention to open it, or a portion of it, pursuant to rule XXV of the Board of Trade Rules dated January 1892, with respect to Provisional Orders and other Matters under the Tramways Act 1870, has been received by the Secretary of State prior to 5th April 1994.
2
The repeal of section 41 of the Road and Rail Traffic Act 1933 shall not affect the operation of that section in relation to an application made pursuant to subsection (1) thereof for approval of any proposal to which that subsection relates, where the application has been received by the Secretary of State prior to 5th April 1994.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
10th March 1994


text:
1
1
This Order may be cited as the A69 Trunk Road (Haltwhistle Bypass) Order 1994 and shall come into force on 16th December 1994.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA10/2-/N240, marked “The A69 Trunk Road (Haltwhistle Bypass) Order 1994”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question, until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. That date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
David W. Ward
Director Northern Network Management and Construction Programme Division Highways Agency
5th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 12th July 1994.
2
In this Order —
“the Authority” means the East Lancashire Health Authority;
“the Trust” means the Blackburn, Hyndburn and Ribble Valley 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 Blackburn, Hyndburn and Ribble Valley Health Authority and the Trust on 28th March 1994, which schedule has been signed on behalf of both that Health Authority and the Trust.
Transfer of trust property
2
On 12th 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:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) (No.2) Regulations 1994 and shall come into force —
a
for the purposes of this regulation, on 1st August 1994;
b
for the purposes of sub-paragraphs (a) and (d) of paragraph (2) of regulation 2, regulation 2(1) so far as it relates to those sub-paragraphs, and regulation 3,
i
in relation to a student whose period of study begins on or after 1st August 1994 but before 1st September 1994, on the first Monday of that period;
ii
in any other case, on 5th September 1994;
c
for the purposes of sub-paragraphs (b) and (c) of paragraph (2) of regulation 2, and regulation 2(1) so far as it relates to those sub-paragraphs,
i
in relation to a student whose period of study begins on or after 1st August 1994 but before 1st September 1994, on the first Tuesday of that period;
ii
in any other case, on 6th September 1994;
d
for the purposes of sub-paragraph (e) of paragraph (2) of regulation 2, and regulation 2(1) so far as it relates to that sub-paragraph,
i
in relation to a student whose period of study begins on or after 1st August 1994 but before 1st September 1994, on the first day of that period;
ii
in any other case, on 1st September 1994;
so however that regulation 2(2)(e) shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after the day mentioned in head (i) of this sub-paragraph, or the date mentioned in head (ii) of this sub-paragraph, whichever applies in his case; and for this purpose the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations .
2
In these Regulations —
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Student’s grant income
2
1
In the regulations specified in paragraph (2) below (which all relate to the calculation of the amount of a student’s grant income) for the amount “£273” in each place where it occurs there shall be substituted the amount “£276”.
2
The regulations are —
a
regulation 42(2)(g) of the Council Tax Benefit (General) Regulations 1992 ;
b
regulation 42(2)(e) of the Disability Working Allowance (General) Regulations 1991 ;
c
regulation 38(2)(f) of the Family Credit (General) Regulations 1987 ;
d
regulation 53(2)(g) of the Housing Benefit Regulations;
e
regulation 62(2)(g) of the Income Support Regulations.
Student’s eligible rent
3
In regulation 51(1) of the Housing Benefit Regulations (calculation of eligible rent for full-time students) for the amount “£24.80” in sub-paragraph (a) there shall be substituted the amount “£25.00” and for the amount “£17.20” in sub-paragraph (b) there shall be substituted the amount “£17.35”.
Signed by authority of the Secretary of State for Social Security.
Astor
Parliamentary Under-Secretary of State,
Department of Social Security
16th June 1994


text:
1
1
This Order may be cited as the Police (Number of Members of Police Authorities) Order 1994.
2
This Order shall come into force on such days and for such purposes as section 3 of the Police and Magistrates' Courts Act 1994 (by which section 3A of the Police Act 1964 is inserted) is brought into force by order under section 94(1) of that Act of 1994.
2
The number of members of each of the following police authorities established under section 3 of the Police Act 1964 , namely–
a
the Devon and Cornwall Police Authority;
b
the Greater Manchester Police Authority, and
c
the Dyfed Powys Police Authority,
shall be nineteen, of which six members shall be persons appointed under paragraph 5 of Schedule 1B to that Act (and accordingly by virtue of paragraph 1(2)(a) and (c) of that Schedule, ten members shall be members of a relevant council, within the meaning of paragraph 27 of that Schedule, appointed under paragraph 2 of it and the remainder shall be magistrates appointed under paragraph 8 of it).
John Redwood
One of Her Majesty’s Principal Secretaries of State
Home Office
1st August 1994


text:
Citation and commencement
1
These Regulations may be cited as the Auditors (Insurance Companies Act 1982) Regulations 1994 and shall come into force on 1st July 1994.
Interpretation
2
In these Regulations —
“ the Act ” means the Insurance Companies Act 1982;
“auditor” means auditor of an insurance company to which Part II of the Act applies;
“matters” means any matters which an auditor has become aware of in his capacity as auditor of an insurance company to which Part II of the Act applies and which are relevant to any functions of the Secretary of State under the Act.
Duty of auditors to report to the Secretary of State
3
1
Matters are to be communicated to the Secretary of State by an auditor in the circumstances specified in paragraph (2) below.
2
The circumstances referred to in paragraph (1) above are circumstances in which the matters are such as to give an auditor reasonable cause to believe that they are or may be of material significance for determining whether any of the powers of intervention conferred on the Secretary of State by sections 38 to 45 of the Act should be exercised.
Neil Hamilton
Parliamentary Under-Secretary of State for Corporate Affairs,
Department of Trade and Industry
22nd February 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Tees Community and Mental 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 Tees Health Authority;
“the Trust” means the South Tees Community and Mental 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 6th December 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 30th March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
8th March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Conwy Mussel Fishery (Amendment) Regulations 1994 and shall come into force on 7th March 1994.
Amendment of Orders
2
Article 10 (which restricts the purposes for which mussels may be taken and provides for an offence) of the Conway Mussel Fishery (Amendment) Order 1948 and paragraph 4 of the Schedule to the Conwy Mussel Fishery (Variation) Order 1979 (which amended that article) shall be omitted.
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
1st February 1994


text:
Citation
1
This Order may be cited as the Education Act 1993 (Commencement No.5 and Transitional Provisions) (Amendment) Order 1994.
Amendment of Order
2
In Schedule 4 to the Education Act 1993 (Commencement No.5 and Transitional Provisions) Order 1994 —
a
in paragraph 2(4)(b), after “statement of” there shall be inserted “special”;
b
in paragraph 6(2)(b), “1981” shall be omitted; and
c
for paragraph 7(1) there shall be substituted —
7
1
This paragraph applies where before 1st September 1994 a local education authority inform the parent of a child for whom they maintain a statement of special educational needs —
a
in pursuance of section 8(5) of the 1981 Act, of any decision to amend the statement in the light of an appeal committee’s observations, or
b
in accordance with paragraph 6(4) of Schedule 1 to the 1981 Act, of the parent’s right to appeal in consequence of any amendment made by them to the statement.
.
Eric Forth
Minister of State,
Department for Education
25th August 1994


text:
1
This Order may be cited as the Retirement Benefits Schemes (Indexation of Earnings Cap) Order 1994.
2
The figure specified in this Order, which is the figure found for the year of assessment 1995-96, for the purposes of section 590C of the Income and Corporation Taxes Act 1988, by virtue of subsections (4) and (5) of that section, is £78,600.
Timothy Kirkhope
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
29th November 1994


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Europe Agreement establishing an Association between the European Communities and their Member States and Romania) Order 1994. It shall come into force, in respect of the treaty specified in the Schedule to this Order, on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the Euopean Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Berkshire, Buckinghamshire and Surrey (County Boundaries) Order 1994.
2
This Order shall come into force on 1st December 1994 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1995.
Interpretation
2
In this Order —
“Berkshire” means the county of Berkshire, and any reference to Slough is a reference to the Berkshire borough of that name;
“Buckinghamshire” means the county of Buckinghamshire, and any reference to South Bucks is a reference to the district of that name in that county;
“Surrey” means the County of Surrey, and any reference to Spelthorne is a reference to the Surrey borough of that name;
“electoral division” means an electoral division of Berkshire or Buckinghamshire ;
“the map” means the map prepared by the Department of the Environment, marked “Map of the Berkshire, Buckinghamshire and Surrey (County Boundaries) Order 1994”, and deposited in accordance with regulation 5 of the Loal Government Area Changes Regulations 1976;
“new parish” means the new Berkshire parish of Colnbrook with Poyle; and any reference to an area as unparished is a reference to that area not forming part of any parish; and
“ward” means a ward of a borough or district except in the expression “parish ward”, where it means a ward of a parish.
Transfers from Buckinghamshire (South Bucks) and Surrey (Spelthorne) to Berkshire (Slough)
3
The following areas —
a
the parts of Buckinghamshire, of South Bucks and of the parish of Iver marked D1 and D2 on the map; and
b
the unparished parts of Surrey, and of Spelthorne marked E2 on the map (being part of the Moors ward of that borough), and marked E3 on the map (being part of the Staines Town ward) shall be transferred to Berkshire, to Slough, to the Langley East electoral division, and to the Slough petty sessional division and the East Berkshire coroner’s district. Additionally areas E2 and E3 on the map shall cease to form part of the Metropolitan Police District.
Creation of new Berkshire parish of Colnbrook with Poyle
4
1
There shall be created in Slough a new parish named Colnbrook with Poyle, consisting of the areas transferred to Berkshire by article 3 and the area of Brands Hill marked E1 on the map.
2
There shall be a parish council for the new parish, consisting of twelve parish councillors.
3
Elections for the new council shall be held on such day before 1st April 1995 as the returning officer shall appoint, and the councillors elected thereat shall come into office on 1st April 1995 and shall retire on the fourth day after the ordinary day of election of councillors in 1999.
4
The proper officer of the Slough Borough Council shall convene both the first annual meeting of the new council, which shall be held in April 1995, and the first assembly of the parish meeting, and if the latter is held before the former, the parish meeting may appoint a person to take the chair, who shall have, for the purposes of that occasion only, the powers and authority of a chairman.
Expenses of new parish council
5
For the purposes of article 3 of the Local Government Finance (Miscellaneous Provisions) (England) Order 1993 , there is specifie in relation to the new parish the sum of £55,000.
Creation of new ward in Slough
6
There shall be created in Slough a new ward named Colnbrook and Poyle, consisting of the area of the new parish, and represented by a single district councillor.The Councillor for the new ward shall be elected on the ordinary day of election of Councillors in 1995, and shall retire on the fourth day after the ordinary day of election of Councillors in 1999.
Consequential changes to electoral divisions and district wards in Buckinghamshire
7
The Iver (Colnbrook) ward of South Bucks shall be abolished, reducing the number of councillors for that district from 41 to 40 and the councillor for that ward shall retire on the ordinary day of election of Councillors in 1995.The Iver Colnbrook electoral division of Buckinghamshire shall be renamed the Iver electoral division.
Consequential changes in Spelthorne to borough wards and borough councillors
8
1
In Spelthorne the part of Moors ward not transferred to Berkshire by virtue of article 3(b) shall transfer to the Stanwell North ward of that borough, and the Moors ward shall cease to exist.
2
The councillor representing the Moors ward immediately prior to 1st April 1995 shall come into office as an additional (third) councillor for the Stanwell North ward, retiring on the fourth day after the ordinary day of election of councillors in 1995.For the purposes of the borough council elections in 1995 and thereafter the number of borough councillors representing the Stanwell North ward shall be 3.
Town and Country Planning
9
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State
Tony Baldry
Parliamentary Under Secretary of State,
Department of the Environment
15th February 1994


text:
PART I
PRELIMINARY
Citation, extent and commencement
1
These Regulations may be cited as the Aberdeen and District Milk Marketing Board (Residual Functions) Regulations 1994, shall apply in Scotland and shall come into force on 1st November 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the Act” means the Agriculture Act 1993;
“the the Act” means the Insolvency Act 1986( );
“approved scheme” means the approved scheme (within the meaning of section 24(1) of the Act) of the Board;
“the Board” means the Aberdeen and District Milk Marketing Board established under the marketing scheme;
“contributions” means contributions payable under section 28(2) of the marketing scheme;
“eligible producer” means any producer–
who produced and sold milk to the Board, or
by whom contributions were payable,
at any time during the period of 12 months ending immediately before Vesting Day;
“end year producer” means any producer who produced and sold milk to the Board in the final trading period or from whom contributions become due in respect of that period;
“final trading period” means the period commencing on 1st April 1994 and ending immediately before Vesting Day;
“general fund” means the fund established under regulation 17;
“General Meeting” means a duly convened meeting of registered producers;
“Joint Committee” means the Committee established under section 25 of the marketing scheme;
“the marketing scheme” means the Scheme set out in the Schedule to the Aberdeen and District Milk Marketing Scheme 1984 Approval Order 1984( );
“pool price” has the meaning assigned to it in section 27(9) of the marketing scheme;
“preserved”, in relation to a specified provision of the marketing scheme, means subjected to section 14(3)(a) of the Act (which provides that, notwithstanding section 1(1) of the Act (which provides for the revocation of the marketing scheme on Vesting Day) the provision shall continue to have effect by virtue of these Regulations, subject to such modifications as may be specified in these Regulations);
“producer” means a producer of milk;
“register” has the meaning assigned to it in regulation 14(1);
“registered” means registered under these Regulations;
“retained” means retained by the Board following the transfer under section 11 of the Act;
“Vesting Day” means 1st November 1994 being the day on which under the approved scheme and in accordance with that scheme certain property, rights and liabilities of the Board are transferred to successor bodies under section 11 of the Act.
2
Section 1(1) of the marketing scheme is preserved, subject to the modification that there shall be inserted at the end the words “, and applies to Scotland.”.
3
Section 2 of the marketing scheme in so far as it relates to the following expressions and definitions assigned to them is preserved:–
a
“buyer”; and
b
“the Minister”
and in these Regulations any reference to any one of these expressions has the meaning assigned to it in that scheme.
4
Section 2 of the marketing scheme in so far as it relates to the expressions “accounting period” and “commercial activities” is preserved, subject to the modification that–
a
in the definition of “accounting period”–
i
before the words “such period” there shall be inserted the words “in the period prior to Vesting Day the final trading period and thereafter”; and
ii
the words “comprising twelve consecutive calendar months” shall be omitted; and
b
in the definition of “commercial activities”–
i
after the words “out by the Board” there shall be inserted the words “in the final trading period”; and
ii
for the word “Scheme” there shall be substituted the words “marketing scheme”;
and in these Regulations any reference to any one of those expressions has the meaning assigned to it in that scheme as modified by this regulation.
5
Section 2 of the marketing scheme, preserved as modified above, shall be subject to the further modification that–
a
there shall be inserted at the beginning the figure “(1)”; and
b
there shall be inserted at the end the following subsection:–
2
Other expressions used in this Scheme have, in so far as the context admits, the same meanings as in the Aberdeen and District Milk Marketing Board (Residual Functions) Regulations 1994 and those Regulations shall be read with this Scheme as if they and this Scheme formed a single instrument.
.
6
In these Regulations unless the context otherwise requires any reference to a numbered regulation shall be construed as a reference to that regulation so numbered in these Regulations.
Effect of provisions of the marketing scheme as preserved or continuing in force
3
1
The sections of the marketing scheme which–
a
are preserved; or
b
by virtue of section 13 of the Act continue in force subject to the provisions of Part VII of these Regulations,
shall in aggregate have effect as set out in the Schedule to these Regulations.
2
In the sections of the marketing scheme which are preserved for any reference to “the Scheme” there shall be substituted a reference to “this Scheme”, save where other express provision is made.
PART II
CONSTITUTION AND MEMBERSHIP OF THE BOARD
Restructuring of the Board’s functions
4
1
The Board shall immediately after the transfer under section 11 of the Act continue to exist until dissolved by order made under section 14(5) of the Act as a body corporate, with a common seal, called the Aberdeen and District Milk Marketing Board but with their functions confined to winding up their affairs, in accordance with and subject to Part VII of these Regulations, and in particular–
a
managing or otherwise dealing with the interests and rights in or in relation to property which are for the time being vested in them;
b
carrying on such other functions in relation to the assets and liabilities which are for the time being vested in them as are specified in Part V of these Regulations;
c
maintaining and preserving the Board’s minute books, accounting records and all other records and making appropriate arrangements for their final disposal;
d
carrying on the other functions conferred by these Regulations; and
e
undertaking any functions ancillary or incidental to the functions mentioned above,
in such a manner, having regard to the interests of registered producers, as they consider is best calculated to secure the purposes specified in paragraph (2) below.
2
The purposes referred to in paragraph (1) above are that–
a
the Board’s assets are advantageously realised and the proceeds are applied in or towards discharging their liabilities and other functions under these Regulations;
b
while any particular asset of the Board remains unrealised, it is held and managed as advantageously as is consistent with its eventual realisation; and
c
the liabilities of the Board so far as not discharged in pursuance of sub-paragraph (a) above are discharged.
3
The Board may enter into such agreements, acquire such property and do such things as may, in their opinion, be necessary or desirable for the purpose of discharging any of their functions and may sell or otherwise dispose of any property acquired by them which they do not need for such purpose.
4
The Board shall not be regarded as acting on behalf of, and their property shall not be regarded as property of, or held on behalf of, the Crown and neither the Board nor their members nor the members of their staff shall be regarded as Crown servants.
Members of the Board
5
1
The Board shall consist of not more than five nor less than three members whom the Minister shall appoint.
2
The Minister shall designate one of the members appointed under this regulation as the chairman of the Board.
3
In appointing a person to be a member of the Board, the Minister shall have regard to the desirability of appointing–
a
persons who have experience of, and have shown capacity in, some matter relevant to the Board’s functions, and
b
(without prejudice to sub-paragraph (a) above) persons who are producers.
4
Subject to the following provisions of this regulation, a member of the Board shall hold and vacate office in accordance with the terms of his appointment specified in the instrument by which the Minister appoints him.
5
Any appointment of a person as a member of the Board shall be for a term not exceeding two years, but a person who ceases to be such a member at the end of the term shall be eligible for re-appointment.
6
A member of the Board may at any time by notice to the Minister resign his office.
7
The Minister may remove a member of the Board if he is satisfied that–
a
the member has been absent without the consent of the Board from two consecutive meetings of the Board;
b
the member has been sequestrated, has become bankrupt or has granted a trust deed in favour of his creditors or that he is otherwise apparently insolvent (within the meaning of the Bankruptcy (Scotland) Act 1985( );
c
the member is unable or unfit to carry out the functions of a member;
d
the member has not complied with the terms of his appointment; or
e
the member has been convicted of an indictable offence.
8
Section 4(8) of the marketing scheme is preserved, subject to the modification that–
a
after the figure “(8)” there shall be inserted the letter “(a)”;
b
for the last sentence there shall be substituted the following sentence:–
A member of the Board shall not, however, be precluded from voting on a question relating to–
i
the manner in which any milk which is the property of the Board is to be dealt with by reason only that he has sold milk to or through the Board; or
ii
any contract of insurance which the Board are empowered to effect under regulation 34 of the Aberdeen and District Milk Marketing Board (Residual Functions) Regulations 1994;
nor shall he be required to withdraw from a meeting of the Board at which such questions are being considered.
; and
c
there shall be added after subsection (8)(a) the following subsection:–
Deeds
b
i
All deeds and other writings to which the Board are a party shall be held to be validly executed on behalf of the Board, by being sealed with the common seal of the Board and signed by two members of the Board or by one member of the Board and the Secretary, and such subscription on behalf of the Board shall be binding whether attested by witnesses or not.
ii
All deeds and other writings executed in any place out of Great Britain or Northern Ireland shall be validly executed by being signed by such persons as may be duly authorised by the Board.
iii
A document or proceedings requiring authentication by the Board may be signed by a member of the Board, Secretary or other person authorised by the Board, and need not be under the common seal of the Board.
.
Remuneration and expenses of Board members
6
1
The Board shall pay to the members of the Board such remuneration as may from time to time be determined by the Minister having regard to the functions to be discharged by the Board.
2
Section 4(11) of the marketing scheme is preserved , subject to the modification that–
a
after the words “their duties, to” there shall be inserted the words “payment of”; and
b
for the word “allowances” there shall be substituted the word “expenses”.
Committees
7
Section 6(2) of the marketing scheme is preserved, subject to the modification that–
a
the first sentence shall be omitted; and
b
there shall be inserted at the end “and may appoint committees and may, subject to the provisions of this Scheme with respect to the application of the common seal of the Board, delegate any of their powers to any committee so appointed.”.
Proceedings of the Board
8
1
Subject to the provisions of these Regulations the Board may determine their own quorum and procedure and the quorum and procedure of any committee appointed by them.
2
In the case of an equality of votes at any meeting of the Board the chairman, if present, or the person who is the chairman of that meeting shall have a second or casting vote.
3
Section 6(4) of the marketing scheme is preserved, subject to the modification that there be inserted after the words “of the Board or the committee,” the words “or that a member of the Board had voted upon any question upon which he was not entitled to vote,”.
Minutes
9
Section 6(5) of the marketing scheme is preserved.
Chairman
10
Section 7(7) of the marketing scheme is preserved, subject to the modification that–
a
for the first sentence there shall be substituted the words “The Chairman shall preside at all meetings of the Board.”; and
b
for the words “the Committee” there shall be substituted the words “those at the meeting”.
Address and change of address of office
11
1
Section 8 of the marketing scheme is preserved, subject to the modification that for the words “the area of the Scheme” there shall be substituted “Scotland”.
2
Section 9 of the marketing scheme is preserved.
Staff
12
1
Section 10 of the marketing scheme is preserved, subject to the modification that–
a
for the word “shall”, where it first occurs, there shall be substituted the word “may”;
b
the words beginning with “, and shall determine their respective duties and remuneration.” to the end of the section shall be omitted; and
c
after the words “such other employees” there shall be inserted the words “and officers”.
2
The Board may by factory and commission or by power of attorney or otherwise–
a
appoint a person to be the agent of the Board;
b
delegate to that person any of their functions,
for such purposes, for such time and on such terms and conditions (including as to remuneration) as they think fit and may at any time revoke or alter such terms and conditions.
3
The Board may–
a
pay such remuneration, pensions, allowances or gratuities to or in respect of any persons who have been or are their employees or officers as they may determine;
b
make such payments as they may determine towards provision for the payment of remuneration, pensions, allowances or gratuities to or in respect of such persons; and
c
provide and maintain, or participate in, such schemes as they may determine (whether contributory or not) for the payment of remuneration, pensions, allowances or gratuities to or in respect of such persons.
4
Any reference in paragraph (3) above to remuneration, pensions, allowances or gratuities to or in respect of such persons as are mentioned in that paragraph includes a reference to remuneration, pensions, allowances or gratuities by way of compensation to or in respect of any of the Board’s employees or officers who suffer loss of office or employment or loss or diminution of emoluments.
5
If any person–
a
on ceasing to hold any employment or office with the Board, becomes or continues to be one of their members, and
b
was, by reference to his employment or office with the Board, a participant in a pension scheme maintained by the Board for the benefit of any of their officers or employees,
the Board may make provision for him to continue to participate in that scheme, on such terms and conditions as they may determine, as if his service as a member were service as an officer or employee of the Board; and any such provision shall be without prejudice to regulation 6 above.
Auditor
13
Section 11 of the marketing scheme is preserved, subject to the modification that for the words “section 161 of the Companies Act 1948 and section 13 of the Companies Act 1976” there shall be substituted the words “section 389 of the Companies Act 1985”( ).
PART III
REGISTRATION OF PRODUCERS
Registration of producers and maintenance of register
14
1
The Board shall compile and thereafter maintain a register (in these Regulations referred to as “the register”) of the entry of every person who they have reasonable grounds to believe is an eligible producer or an end year producer, Part I of which shall consist of entries of eligible producers and Part II of which shall consist of entries of end year producers.
2
Any person whose entry does not appear in the register shall be entitled, on application to the Board and on demonstrating to their reasonable satisfaction that he is an eligible producer or an end year producer (as the case may be), to be entered on the register.
3
It shall be the duty of every registered producer to notify the Board of any changes to his registered entry.
4
The Board shall be entitled to assume that information provided to them for the purposes of paragraph (2) or (3) above is correct.
5
The Board may arrange for the register to be maintained on their behalf by a third party.
6
In this regulation–
“entry” means name and address.
15
1
Section 12(2) of the marketing scheme is preserved, subject to the modification that–
a
the words “incorporated under the Companies Acts 1948 to 1981” shall be omitted; and
b
the words “of the regulated product” shall be omitted.
2
After section 12(2) of the marketing scheme there shall be inserted the following subsection:–
2A
Where, by reason of a registered producer dying or becoming subject to some legal disability or entering into a composition or a scheme of arrangement with his creditors, the property in, or the control of, any business of producing milk is transferred from him to a personal representative, trustee, committee or other person, such personal representative, trustee, committee or other person shall, until he has disposed of the property in or control of such business of producing milk, be deemed to be a registered producer for all the purposes of this Scheme and shall apply for registration as such:
Provided that on the day of the transfer and for three months thereafter the personal representative, trustee, committee, or other person may do, without being registered, anything in relation to the business so transferred which the registered producer might have done.
.
Inspection of register
16
Section 12(3) and (4) of the marketing scheme is preserved, subject to the modification that–
a
in subsection (3) at the beginning there shall be inserted the words “Within one month of Vesting Day the Board shall publish in such manner as they think fit a notice publicising the existence of the register and the place at, the hours during and the days on which it may be inspected.”; and
b
in subsection (4) for the words “of one pound and fifty pence” there shall be substituted the words “to be determined by the Board which reasonably compensates the Board for the cost of furnishing the information.”.
PART IV
FINANCIAL PROVISIONS
General fund
17
There shall be established a general fund which shall be administered and controlled by the Board. All moneys received by the Board shall be paid into the general fund and any moneys required by the Board for the discharge of their functions shall be paid out of that fund.
Information to be furnished by registered producers
18
Section 20 of the marketing scheme is preserved, subject to the modification that–
a
for the words “the regulated product for such period or periods” there shall be substituted the words “any milk produced by him”; and
b
for the words “operation of the Scheme” there shall be substituted the words “discharge of their functions”.
Expenses of collection of milk
19
Section 23(3) of the marketing scheme is preserved, subject to the modification that at the beginning there shall be added the words “The cost of collecting milk from registered end year producers shall be an expense chargeable to the general fund, but”.
Financial provisions and payment for milk
20
1
Section 27(5) of the marketing scheme is preserved, subject to the modification that–
a
after the words “rendered to him” there shall be inserted the words “in the final trading period”; and
b
after the word “registered” there shall be inserted the words “end year”.
2
Section 27(6) of the marketing scheme is preserved, subject to the modification that–
a
after the word “registered” there shall be added the words “end year”; and
b
after the words “sold by them” there shall be inserted the words “in the final trading period”.
3
Section 27(7) of the marketing scheme is preserved, subject to the modification that–
a
after the word “registered”, wherever occurring, there shall be inserted the words “end year”;
b
the figure “(4),” shall be omitted; and
c
the words “under section 28 of the Scheme” shall be omitted.
4
Section 27(9) of the marketing scheme is preserved, subject to the modification that–
a
for the words “in any accounting period” there shall be substituted the words “in the final trading period”;
b
the figure “(4),” shall be omitted;
c
the words “to provide reserves and” shall be omitted;
d
after the word “registered”, wherever occurring, there shall be inserted the words “end year”; and
e
before the word “fund” there shall be inserted the word “general”.
5
Section 27(10) of the marketing scheme is preserved, subject to the modification that–
a
the words “–(a) sums set aside by the Board under subsection (8)(a) hereof and not deducted under subsection (9) hereof, and (b)” shall be omitted;
b
for the words “that accounting”, wherever occurring, there shall be substituted the words “the final trading”;
c
after the word “registered” there shall be inserted the words “end year”; and
d
for the word “Scheme” there shall be substituted the words “marketing scheme”.
6
Section 27(13) of the marketing scheme is preserved, subject to the modification that–
a
after the words “obtain loans” there shall be inserted the words “or advances”;
b
for the words “registered producers and other” there shall be substituted the word “any”; and
c
after the words “from banks” there shall be inserted the words “or building societies”.
7
Section 27(14) of the marketing scheme is preserved, subject to the modification that–
a
after the words “credit of the” there shall be inserted the word “general”;
b
after the words “in any bank” there shall be inserted the words “or building society”; and
c
for the words “, but, except” to the end of the subsection there shall be substituted the words “in such manner as they may determine.”.
Sales in final trading period by retail, semi-retail and wholesale
21
Section 28(2)(a) and (b) and (3) of the marketing scheme is preserved, subject to the modification that–
a
in subsections (2) and (3) after the word “registered”, wherever occurring, there shall be inserted the words “end year”;
b
in subsection (2) after the words “production which he has sold”, “their own production sold by them” and “cost of advertising milk”, where they respectively occur, there shall be inserted the words “in the final trading period, or any part thereof,”;
c
in subsection (2)(a)–
i
after the word “producer” in the first line there shall be inserted the words “licensed by the Board to sell milk by retail, semi-retail or wholesale”;
ii
the words “from time to time”, wherever occurring, shall be omitted;
iii
for the words “an accounting period” there shall be substituted the words “that period”;
iv
for the words “during that period” there shall be substituted the words “in the first accounting period after Vesting Day”; and
v
for the word “monthly” there shall be substituted the words “on such dates as may be fixed by the Board”;
d
in subsection (2)(b) the words “from time to time” and the words “referred to in section 25 of the Scheme” shall be omitted;
e
in subsection (3)(b) the words “from time to time” shall be omitted; and
f
in subsection (3)(c) the words “, and from time to time,” shall be omitted.
Arbitration in cases where producers or buyers are aggrieved
22
1
Section 35 of the marketing scheme is preserved, subject to the modification that–
a
in subsection (1)–
i
the words “of the regulated product” shall be omitted;
ii
after the words “omission of the Board” there shall be inserted the words “affecting the discharge of their functions under the Aberdeen and District Milk Marketing Board (Residual Functions) Regulations 1994 (and whether occurring before or on or after Vesting Day),”;
iii
for the words “appointed by the Department of Agriculture and Fisheries for Scotland”, “apply to the Department for the appointment of an arbiter.” and “by the Department” where they respectively occur there shall be substituted the words “to be agreed upon by the producer and the Board and, failing agreement, to be appointed, on application being made to him by either party, by the sheriff principal of the sheriffdom in which the producer has his place, or principal place, of business”, “appoint the arbiter agreed upon or on failure to agree upon an arbiter within fourteen days, each party or both parties may apply to the sheriff principal for the appointment to be made.” and “as aforesaid” respectively; and
iv
there shall be inserted after the words “If a person” and “new arbiter may be” respectively the words “agreed upon or”; and
b
in subsection (5)(a) the words “of Aberdeen” shall be omitted.
2
Section 35 of the marketing scheme, as modified by paragraph (1) above, shall apply in the case of buyers as it applies in the case of producers.
Accounts
23
Section 39 of the marketing scheme is preserved, subject to the modification that–
a
in subsection (1)–
i
after the words “cause to be kept” there shall be inserted the words “, for every accounting period,”; and
ii
after the words “commercial activities” there shall be inserted the words “in the final trading period”;
b
in subsection (2) after the words “its commercial activities” there shall be inserted the words “in respect of the final trading period”;
c
in subsection (3)–
i
the words from “for the fund established” to “in respect of the Board’s commercial activities.” shall be omitted;
ii
after the words “expenditure account” there shall be inserted the words “and a cash flow statement”; and
iii
after the words “commercial activities” there shall be inserted the words “in the final trading period”;
d
in subsection (4) after the word “true”, where it first occurs, there shall be inserted the words “and fair”;
e
in subsection (5) before the words “in the period” there shall be inserted the words “, and such other information on the workings of the marketing scheme and after Vesting Day for the discharge of their functions”; and
f
in subsection (7)–
i
for the words “the Board’s commercial activities” there shall be substituted the words “any of the Board’s activities”; and
ii
the words “of sections 17 and 27(3) of the Scheme,” shall be omitted.
PART V
FUNCTIONS OF THE BOARD
Functions
24
1
The functions mentioned in regulation 4(1)(b) are–
a
collecting sums owed in payment for milk supplied by the Board in the final trading period and sums owed in respect of other debts to the Board as they fall due;
b
making payments in accordance with section 27 of the marketing scheme, as modified by regulation 20, to registered end year producers and discharging other liabilities as they fall due;
c
disposing of assets by sale or other realisation of values;
d
collecting from registered end year producers sums owed by way of contributions in respect of the final trading period which become payable pursuant to section 28(2) of the marketing scheme, as modified by regulation 21;
e
providing information to Aberdeen Milk Co. Limited in connection with the distribution to each registered eligible producer of shares and loan stock of the company in accordance with the approved scheme;
f
where in the judgement of the Board it seems financially prudent so to do, making to each registered eligible producer an interim distribution of assets, in the manner specified in relation to the final distribution of assets in regulation 31(2)(a); and
g
collecting sums due from registered eligible producers in the exercise of any power conferred on the Board by order made under section 17(2) of the Act.
2
In discharging their liabilities as they fall due the Board shall have the power if they deem it necessary or expedient to remit the whole or any part of their liabilities by way of composition or arrangement with their creditors.
Prohibition on buying and selling milk
25
Nothing in these Regulations shall be construed as authorising the Board to engage in the business of buying and selling milk.
PART VI
MEETINGS OF REGISTERED PRODUCERS
Annual General Meetings
26
Section 40 of the marketing scheme is preserved, subject to the modification that–
a
for the words “once at least every calendar year, and not more than fifteen months after the holding of the last preceding General Meeting,” there shall be substituted the words “as they think fit in each calendar year starting with 1995”;
b
in paragraph (a)–
i
for the word “submitting” there shall be substituted the word “noting”; and
ii
the words “to registered producers” shall be omitted; and
c
paragraphs (b) and (c) shall be omitted.
Notice of General Meetings
27
Section 41 of the marketing scheme is preserved.
Special General Meetings
28
Section 42 of the marketing scheme is preserved, subject to the modification that for the word “twenty-five” there shall be substituted the word “ten”.
Voting at General Meetings
29
Section 43 of and Schedule (4) to the marketing scheme are preserved, subject to the modification that–
a
in subsection (2) for the words “cow registered with the Board at the time of the poll” there shall be substituted “10,000 litres of milk produced and sold by him to the Board or on which contributions were paid during the period of 12 months ending immediately before Vesting Day.”, the words “as being in his possession, and” shall be omitted and for the word “votes” there shall be substituted the word “Votes”;
b
in subsection (6) for the words “Schedule (4)” there shall be substituted the words “Schedule (1)”; and
c
in Schedule (4) for the figure “(4)” there shall be substituted the figure “(1)” and for the words “Scheme 1984” there shall be substituted the words “Board (Residual Functions) Regulations 1994”.
Quorum at General Meetings
30
Section 44 of the marketing scheme is preserved, subject to the modification that for the words “twenty-five” there shall be substituted the word “five”, and the words from “except where” to the end shall be omitted.
PART VII
FINAL WINDING UP OF THE BOARD
Winding up by the Board
31
1
Subject to paragraph (3) below, this regulation applies where–
a
all requisite payments to registered end year producers have been made in accordance with regulation 24(1)(b);
b
the Board are satisfied that–
i
all their assets have been gathered in and realised; and
ii
all their liabilities and functions under these Regulations (other than those specified in this Part) have been discharged; and
c
there is a surplus in the general fund.
2
Where this regulation applies the Board shall–
a
make to each registered eligible producer a final distribution of assets in proportion to the number of litres of milk produced and sold by him to the Board, or on which contributions were payable, in the period of 12 months ending immediately before Vesting Day;
b
prepare final accounts in accordance with section 39 of the marketing scheme, as modified by regulation 23, and submit those accounts when audited to–
i
the Minister; and
ii
registered producers, along with a notice calling a Special General Meeting at which the accounts are to be submitted; and
c
having had regard to any views expressed by the registered producers at that Special General Meeting, notify the Minister for the purpose of section 14(5) of the Act that the Board have wound up their affairs.
3
The winding up of the Board under this regulation does not bar the right of any creditor or registered eligible producer (being a contributory for the purposes of section 124 of the the Act( )) to have the Board wound up by the court under regulation 32; but in the case of a registered eligible producer the court must be satisfied that the rights of registered eligible producers will be prejudiced if the Board are permitted to wind up their affairs under this regulation.
Winding up under the the Act
32
1
Section 47 of the marketing scheme (which by virtue of section 13 of the Act but subject to these Regulations continues in force notwithstanding the revocation of the marketing scheme on Vesting Day) shall be amended in accordance with this regulation.
2
In section 47(1)–
a
for the words “Part IX of the Companies Act 1948” there shall be substituted the words “Part V of the the Act”; and
b
for the words “paragraphs 4 to 6 inclusive of Schedule 2 to the Act” there shall be substituted the words “section 47A of this Scheme”.
3
In section 47(2)–
a
for the words from the beginning to “each contributor” there shall be substituted the words “For the purposes of section 226 of the the Act, and notwithstanding any exercise of the powers conferred on the Board and the Minister by section 17 of the Act, every registered eligible producer shall be liable to contribute to the payment of the debts and liabilities of the Board and to the costs and expenses of the winding up”;
b
after the words “sold by him” there shall be inserted the words “to the Board, or on which contributions were payable,”;
c
the word “relevant”, where it first occurs, shall be omitted;
d
after the word “period”, where it first occurs, there shall be inserted the words “of 12 months ending immediately before Vesting Day”;
e
for the words “and shall” there shall be substituted the words “, but such liability, taking account of any contributions made pursuant to section 17 of the Act, shall”;
f
the words from “, but declaring” to “shall not exceed one pound” shall be omitted.
4
In section 47(3)–
a
after the word “registered”, where it first occurs, there shall be inserted the word “eligible”;
b
the words from “Provided” to the end shall be omitted.
5
At the end of section 47 of the marketing scheme there shall be inserted the following section:–
47A
1
For the purposes of sections 221, 222 and 224 of the the Act, the principal place of business of the Board is deemed to be the office of the Board the address of which has been notified to the Minister under section 8 of this Scheme.
2
Section 221 of the the Act shall apply in relation to the Board as if paragraph (a) of subsection (5) of that section were omitted.
3
Section 223 of the the Act shall not apply in relation to the Board.
4
Section 224 of the the Act shall apply in relation to the Board as if the words “or any member of it as such” were omitted.
5
A petition for winding up of the Board may be presented by the Minister as well as any person authorised by section 124(1) of the the Act (as applied in relation to the Board by section 221(1) of that Act) to present a petition for winding up of the Board.
6
Sections 204 and 205 of the the Act shall not apply in relation to the Board, but the dissolution of the Board after winding up under the the Act shall proceed in accordance with section 14(5) of the Act.
.
PART VIII
MISCELLANEOUS
Proof of posting
33
Section 50 of the marketing scheme is preserved, subject to the modification that the words “other than that contained in section 34(2) of the Scheme” shall be omitted.
Indemnity
34
1
Subject to paragraph (2) below, every member or officer or auditor of the Board shall be indemnified out of the assets of the Board and against–
a
any action, cost, charge, loss, damage and expense which he may incur; and
b
any liability which by virtue of any rule of law or equity would otherwise attach to him,
by reason of, or in connection with, any act done, incurred in, or omitted in or about the execution of his duty in relation to the affairs of the Board.
2
Paragraph (1) above shall not apply where–
a
the Board has purchased and maintains for any such member, officer or auditor insurance against any such action, cost, charge, loss, damage, expense or liability; or
b
such action, cost, charge, loss, damage, expense or liability has arisen from or been contributed to by any dishonest, fraudulent or wilfully negligent act or omission of such member, officer or auditor.
James Douglas-Hamilton
Parliamentary Under Secretary of State,
Scottish Office
5th October 1994


text:
Citation and commencement
1
1
These Regulations may be cited as the Exchange Gains and Losses (Debts of Varying Amounts) Regulations 1994.
2
These Regulations shall come into force on 23rd March 1995.
Debts of varying amounts
2
The following section shall be inserted in the Finance Act 1993 after section 136 —
Arm’s length test: debts of varying amounts.
136A
1
The provisions of this section shall have effect in relation to any exchange loss mentioned in section 136(1) above which represents the whole or part of an initial exchange loss accruing under section 127 above.
2
Subsection (3) below applies where the circumstances are such that, had the parties to the transaction referred to in section 136(1)(b) above been dealing at arm’s length, the terms of the transaction would have been the same except that the amount of the debt at any time during the accrual period referred to in section 136(1)(c) would have been an amount (in subsection (3) below referred to as “the adjusted amount”) less than its actual amount at that time.
3
Where this subsection applies in relation to a debt —
a
section 136(2) above shall not apply, and
b
the exchange loss accruing to the company for the accrual period shall be treated as reduced to the amount it would have been if the amount of the debt had, at any time in the accrual period when the actual amount of the debt exceeded the adjusted amount, been equal to the adjusted amount;
but paragraph (b) above shall only apply if the Board so direct.
4
Where subsection (3)(b) above applies and the accrual period is not the last to occur as regards the asset or liability while it is held or owed by the company —
a
an amount equal to the amount by which the loss is treated as reduced shall be set off against appropriate exchange gains accruing to the company as regards the asset or liability for subsequent accrual periods, and
b
any such gain shall then be treated as reduced by that amount or by so much of it as cannot be set off under this subsection against any such gain accruing for an earlier accrual period;
and an appropriate exchange gain is an exchange gain of the trade concerned (if the exchange loss is an exchange loss of a trade) or an exchange gain of the part of the trade concerned (if the exchange loss is an exchange loss of part of a trade) or a non-trading exchange gain (if the exchange loss is a non-trading exchange loss).
5
Section 136(2) above shall not apply in a case where —
a
the right constituting the asset mentioned in section 136(1)(a) above arises under a loan made by the company,
b
the circumstances are such that, had the parties to the transaction been dealing at arm’s length, its terms would have been the same except that interest would have been charged on the loan or, as the case may be, charged at a higher rate, and
c
in computing for tax purposes the profits or losses of the company for the accounting period which constitutes the accrual period or in which the accrual period falls the whole of the loan has been treated under section 770 of the Taxes Act 1988 (transactions at an undervalue or overvalue) as if interest had been charged on it or, as the case may be, charged at a higher rate.
6
Subsection (7) below applies where —
a
paragraphs (a) and (b) of subsection (5) above apply, and
b
in computing for tax purposes the profits or losses of the company for the accounting period which constitutes the accrual period or in which the accrual period falls, part of the loan has at any time in that accrual period been treated under section 770 of the Taxes Act 1988 as if interest had been charged on it or, as the case may be, charged at a higher rate;
and in subsection (7) any reference to the adjusted amount is to an amount equal to the part of the loan that has been so treated.
7
In any case where subsection (6) applies —
a
section 136(2) above shall not apply, and
b
the exchange loss accruing to the company for the accrual period shall be treated as reduced to the amount it would have been if the amount of the debt had, at any time in the accrual period when the actual amount of the debt exceeded the adjusted amount at that time, been equal to that adjusted amount (and if there is no adjusted amount at any time, the actual amount of the debt at that time shall be taken to be zero);
but paragraph (b) above shall only apply if the Board so direct.
8
Where subsection (7)(b) above applies and the accrual period is not the last to occur as regards the asset while it is held by the company —
a
an amount equal to the amount by which the loss is treated as reduced shall be set off against appropriate exchange gains accruing to the company as regards the asset for subsequent accrual periods, and
b
any such gain shall then be treated as reduced by that amount or by so much of it as cannot be set off under this subsection against any such gain accruing for an earlier accrual period;
and an appropriate exchange gain is an exchange gain of the trade concerned (if the exchange loss is an exchange loss of a trade) or an exchange gain of the part of the trade concerned (if the exchange loss is an exchange loss of part of a trade) or a non-trading exchange gain (if the exchange loss is a non-trading exchange loss).
9
Section 136(2) and subsections (2) to (8) above shall not apply where —
a
the transaction is entered into by the company mentioned in section 136(1) above (company A) and another company (company B),
b
the companies are members of the same group when the transaction is entered into and throughout the accounting period which constitutes the accrual period mentioned in section 136(1) above or in which the accrual period falls,
c
as a result of the transaction, not only does company A become entitled or subject to the asset or liability falling within section 153(1)(a) or (2)(a) below but company B also becomes subject or entitled to the corresponding liability or asset (as the case may be) falling within section 153(2)(a) or (1)(a) below,
d
as regards that liability or asset an appropriate exchange gain accrues to company B for an accrual period coterminous with that mentioned in section 136(1) above,
e
throughout the accrual period concerned company A holds or owes the asset or liability either for the purposes of one trade or for non-trading purposes,
f
throughout the accrual period concerned company B owes or holds the liability or asset either for the purposes of one trade or for non-trading purposes, and
g
amount X is the same as amount Y.
10
For the purposes of subsection (9) above —
a
an appropriate exchange gain is an exchange gain of a trade or a non-trading exchange gain found (in either case) in the currency in which the exchange loss mentioned in section 136(1) above is found;
b
amount X is the amount of the exchange loss mentioned in section 136(1) above;
c
amount Y is the amount of the exchange gain mentioned in subsection (9)(d) above, found without regard to section 139 below; and
d
companies are members of the same group if by virtue of section 170 of the Taxation of Chargeable Gains Act 1992 they are members of the same group for the purposes of sections 171 to 181 of that Act.
11
In applying subsections (2) and (5)(b) above all factors shall be taken into account including any interest or other sums that would have been payable, any currency that would have been involved, and the amount that any loan would have been.
.
Derek Conway
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
15th December 1994


text:
1
These Rules may be cited as the Family Proceedings (Amendment) Rules 1994 and shall come into force on 11th April 1994.
2
Appendix 1 to the Family Proceedings Rules 1991 shall be amended in accordance with the following provisions of these Rules.
3
The following amendments shall be made to Form CHA13 (Application for Financial Provision for Children) —
a
in the preliminary section, after “If you have ticked “periodical payments” or “secured periodical payments”” there shall be inserted “please tick here if there is a written agreement made before 5th April 1993 about maintenance for the benefit of the child below □. If not”;
b
for sections 5 and 6 there shall be substituted the provisions contained in the Schedule to these Rules.
4
In section 4(b) of Form CHA15 (Application for the Variation/Discharge of an Order for Financial Provision for Children) , after “If yes, please give details” there shall be inserted “If the assessment has changed, indicate the original sum and the new sum payable”.
Mackay of Clashfern, C.
Stephen Brown, P.
Mathew Thorpe, J.
Anne Downey
Gerald Angel
James Holman
J. M. Appleby
David Salter
Sandra Andrew
Dated 21st March 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Coal Mining Subsidence (Arbitration Schemes) Regulations 1994 and shall come into force on 31st October 1994.
2
In these Regulations and the Schedules to them, unless the context otherwise requires —
“the 1991 Act ” means the Coal Mining Subsidence Act 1991;
“the 1994 Act ” means the Coal Industry Act 1994;
“the Arbitration Body” means the person or body of persons for the time being appointed in accordance with regulation 7;
“arbitrator” means, in relation to an arbitration, the person for the time being appointed to act as the arbitrator therein;
“claimant” means a person who has made an application in accordance with paragraph 1 of Schedule 1 to these Regulations or paragraph 1 of Schedule 2;
“dispute” means any question to which these Regulations apply by virtue of regulation 2;
“document” includes any map, plan, drawing, photograph, computer record and other record kept otherwise than in documentary form;
“financial year” means the period of 12 months commencing on 1st April;
“the General Arbitration Scheme” means the provisions of Schedule 2 to these Regulations;
“the Householders' Arbitration Scheme” means the provisions of Schedule 1 to these Regulations;
“householder” means a person who occupies a dwelling-house and who either is the owner of it or is liable to make good any damage to it in whole or in part;
“notify” means notify in writing;
“respondent” means, in relation to a dispute, the responsible person involved in it;
“responsible person” means a person with responsibility for subsidence affecting land ;
“subsidence requirement” means a requirement referred to in section 47(9) of the 1994 Act.
3
In the application of these Regulations to arbitration proceedings which are subject to the law of Scotland —
a
references to an arbitrator shall be construed as references to an arbiter; and
b
in any reference to the costs of an arbitration or to the costs of a party, the word “costs” shall be construed as “expenses”.
4
Unless the context otherwise requires, other expressions appearing in these Regulations shall have the same meaning, if any, as they have in the 1991 Act or the 1994 Act.
5
References in a Schedule to these Regulations to a numbered paragraph are references to the relevant paragraph of that Schedule.
6
The amounts payable as registration fees in accordance with Schedules 1 and 2 to these Regulations shall be exclusive of any value added tax that may be chargeable on such fees.
Questions to which Regulations apply
2
1
Subject to paragraph (2) below, these Regulations shall apply to any question arising under the 1991 Act and, without prejudice to the generality of the foregoing —
a
any question as to who is the person with responsibility for subsidence affecting particular land;
b
the question of whether there has been a contravention of any subsidence requirement;
c
the question of how any such contravention is to be remedied.
2
These Regulations do not apply to any question arising under section 32 of the 1991 Act ( compensation for death or disablement ) or section 36 of that Act ( land drainage systems ).
Resolution of questions by arbitration
3
1
The provisions of Schedule 1 to these Regulations (“the Householders' Arbitration Scheme”) shall apply to any question to which these Regulations apply arising between a responsible person and a householder.
2
The provisions of Schedule 2 to these Regulations (“the General Arbitration Scheme”) shall apply to any question to which these Regulations apply which is not for the time being the subject of the procedures specified in Schedule 1.
Arbitrators
4
1
Disputes referred to arbitration in accordance with these Regulations shall be determined by a single arbitrator appointed by the Arbitration Body.
2
The Arbitration Body may, where it considers that special circumstances apply, appoint one or more persons to assist the arbitrator on matters of a technical or legal nature.
3
The Arbitration Body may appoint a substitute for the arbitrator, or any person appointed under paragraph (2) above, in the event of him misconducting himself or dying, becoming incapacitated or for any other reason being unable to attend expeditiously to his duties.
4
The Arbitration Body shall notify all the parties to a dispute of the appointments made by it under this regulation in connection with the dispute.
Costs of arbitration proceedings
5
1
Subject to paragraph (2) below and to the provisions of Schedule 1 concerning the payment of registration fees —
a
each party to an arbitration under the Householders' Arbitration Scheme shall pay his own costs and the respondent shall pay all the fees and expenses incurred by the arbitrator and any person appointed to assist him under regulation 4(2); and
b
the costs of an arbitration under the General Arbitration Scheme shall be paid by the parties to the dispute in accordance with the provisions of Schedule 2.
2
Paragraph (1) above shall not apply —
a
where any arbitration proceedings under these Regulations are subject to the law of England and Wales, to the costs of any appeal or application to the High Court in respect of the proceedings; or
b
where any arbitration proceedings under these Regulations are subject to the law of Scotland, to the expenses of any proceedings brought in the Court of Session for the opinion of that Court on any question of law arising in the proceedings, or for the challenge or correction of an award made by the arbiter.
Applicable law
6
1
A dispute referred to arbitration in accordance with these Regulations shall be determined, in relation to any question concerning the arbitration procedure, according to the law of the place where the arbitration is held.
2
Subject to paragraph (1) above, the dispute shall be determined according to the law for the time being in force in England and Wales or to the law for the time being in force in Scotland as the parties to the dispute may agree or, in default of agreement, as determined by the arbitrator.
Appointment of Arbitration Body
7
The Secretary of State shall appoint a person or body of persons (“the Arbitration Body”) to administer the reference of disputes to arbitration in accordance with these Regulations.
Costs of Arbitration Body
8
1
Subject to paragraph (2) below, the Secretary of State shall, in consultation with the Arbitration Body, as soon as reasonably practicable after the beginning of the financial year commencing on 1st April 1995 and every financial year thereafter make a determination for the purposes of this regulation by —
a
estimating the likely costs and expenses of the Arbitration Body during the financial year in question in connection with the carrying out of its functions under these Regulations; and
b
adding to or subtracting from that estimate, as appropriate, the amount, if any, by which the estimate made by him in accordance with this regulation for the preceding financial year, fell short of, or exceeded, the costs and expenses actually so incurred during that financial year.
2
In the case of the determination made by the Secretary of State in accordance with paragraph (1) above for the financial year commencing on 1st April 1995, the Secretary of State shall add to the amount estimated in accordance with paragraph (1)(a) above the costs and expenses of the Arbitration Body for the period from the making of these Regulations to 31st March 1995 in connection with the carrying out of its functions under these Regulations.
3
The Secretary of State shall notify the Coal Authority of the amount determined by him in accordance with paragraphs (1) and (2) above and request the Authority to apportion that amount between itself and every other responsible person on the basis of the number of applications for arbitration received by the Arbitration Body during the financial year immediately preceding that to which the determination applies which relate to the area for which they are the responsible person.
4
The Coal Authority shall notify every responsible person of —
a
the total amount notified to it by the Secretary of State in accordance with paragraph (3) above; and
b
the amount apportioned by it to that responsible person and the calculation of that amount.
5
Every responsible person to whom a notification has been given in accordance with paragraph (4) above may, within 21 days of the giving of that notification, make representations to the Coal Authority concerning it.
6
The Coal Authority, having considered any such representations, shall notify the responsible person of its final determination with respect to the amount to be apportioned to that person.
7
A responsible person shall forthwith pay to the Coal Authority the amount notified to it in accordance with paragraph (6) above; and, in default of payment, the sum due shall be recoverable by the Coal Authority from that person as a civil debt.
8
The Coal Authority shall, when so requested by him, pay to the Secretary of State in respect of each financial year the amount determined by the Secretary of State for that year in accordance with paragraphs (1) and (2) above.
9
It shall be the duty of the Arbitration Body to provide the Coal Authority with such information as it may reasonably request for the purpose of discharging its obligations under this regulation.
Tim Eggar
Minister for Industry and Energy,
Department of Trade and Industry
3rd October 1994


text:
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 1994 and shall come into force on 5th September 1994.
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended in accordance with the provisions of these Regulations.
3
In the regulations specified in column 1 of the Table below for the amounts specified in column 2 of the Table there shall be substituted the amounts specified in column 3 of the Table.
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
20(1)(a) £10.80 £11.14 20(1)(aa) £18.20 £18.78 20(1)(b) £21.30 £21.98 20(1)(c) £25.30 £26.10 20(1)(d) £32.00 £33.04 20(1)(f) £27.94 £28.84
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
14th August 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Railways Pension Scheme Order 1994 and shall come into force on 31st May 1994.
2
Subject to paragraph 1(1) of Schedule 11 to the Railways Act 1993, expressions used in this Order and in Part I or II of that Act have the same meaning in this Order as they have in that Part unless otherwise indicated.
Establishment of the Railways Pension Scheme
2
1
The Railways Pension Scheme is established as an occupational pension scheme in accordance with the provisions of the Schedule to this Order.
2
The Railways Pension Scheme shall be administered and managed in accordance with those provisions.
3
The Railways Pension Trustee Company Limited is appointed the first trustee in relation to that Scheme.
Designation of the joint industry scheme
3
The Railways Pension Scheme is designated as the joint industry scheme for the purposes of Schedule 11 to the Railways Act 1993.
Signed by the authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
27th May 1994


text:
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) (No. 2) Order1994 and shall come into force on 1st May 1994.
2
The Child Abduction and Custody (Partie to Conventions) (Amendment) Order 1994 is amended by deleting the Schedule thereto and substituting therefor the following —
SCHEDULE
CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION, THE HAGUE, 25th OCTOBER 1980
Article 2.
Contracting States to the Convention
Territories specified in Declarations under Article 39 or 40 of the Convention Date of Coming into force as between the United Kingdom and the State or Territory
The Bahamas 1st January 1994 Bosnia and Herzegovina 7th April 1992 Croatia 1st December 1991 Honduras 1st March 1994 Macedonia 1st December 1991 Panama 1st May 1994
N. H. Nicholls
Clerk of the Privy Council