text:
Title, commencement and purpose
1
1
This Order may be cited as the Diseases of Poultry Order 1994 and shall come into force on 1st January 1995.
2
The purpose of this Order is to give effect to Council Directive 92/40/ EEC of 19 May 1992 introducing Community measures for the control of avian influenza and Council Directive 92/66/EEC of 14 July 1992 introducing Community measures for the control of Newcastle disease .
Extension of definition of “poultry” and “disease” and application of Order
2
1
For the purposes of the Animal Health Act 1981 in its application to this Order —
a
the definition of “poultry” in section 87(4) of that Act is hereby extended to include all birds, and
b
the definition of “disease” in section 88(3) of that Act is hereby extended to include paramyxovirus 1 in pigeons and restricted so as to exclude the diseases mentioned in paragraph (b) of section 88(3) of that Act.
2
This Order applies to all birds kept in captivity including pigeons kept for racing purposes.
Interpretation
3
1
In this Order, unless the context otherwise requires,
“carcase” means the carcase of poultry and includes part of a carcase;
“Chief Veterinary Officer” means the Chief Veterinary Officer of the Ministry;
“disease” means paramyxovirus 1 in pigeons, avian influenza and Newcastle disease;
“disinfect” means disinfect with a disinfectant approved under the Diseases of Animals (Approved Disinfectants) Order 1978 for the purposes of this Order;
“Divisional Veterinary Officer” means the veterinary inspector appointed for the time being by the Minister to receive information about diseased or suspected poultry or carcases in the area in which such poultry or carcases are;
“holding” means a holding used for the rearing or keeping of breeding or productive poultry;
“premises” includes any place; and
“racing pigeon” means any pigeon transported or intended for transport from its pigeon house (that is, any installation used for keeping or breeding racing pigeons) to be released so that it may freely fly back to its pigeon house or to any other destination.
2
In articles 5(2)(a), 7, 10(1) and (2) and 11(1), unless the context otherwise requires, “poultry” means domestic fowls, turkeys, geese, ducks, guinea fowls, quails, pigeons, pheasants and partridges reared or kept in captivity for breeding, the production of meat or eggs for consumption or for restocking supplies of game.
3
Any notice or licence served or issued under this Order or under a declaratory Order made under article 7 below shall be in writing and may be the subject of conditions and may be amended, suspended or revoked by notice in writing at any time.
Notification procedures and precautions to be taken where the presence of disease is suspected
4
1
A person who has in his possession or under his charge, or who examines or inspects, any poultry or carcase having, or suspected of having, a disease shall immediately inform the Divisional Veterinary Officer.
2
A person who, following analysis by him of a sample taken from any poultry or carcase, reasonably suspects the presence of a disease in the sample shall immediately inform the Divisional Veterinary Officer.
Restrictions on movement of poultry
5
1
If an inspector is aware of notification given under article 4 above or has other reasonable grounds for suspecting that a disease exists or has existed on any premises, he shall, by notice served on the occupier or person in charge of the premises impose the restrictions and requirements contained in Part I of Schedule 1 to this Order.
2
Upon the presence of the disease being confirmed by the Chief Veterinary Officer or by a person authorised by him, a veterinary inspector —
a
in the case of poultry as defined in article 3(2) above, shall, and
b
in the case of racing pigeons or other captive birds, may
by notice served on the occupier or person in charge of the premises, impose in addition the restrictions and requirements contained in Part II of Schedule 1 to this Order.
3
The person upon whom a notice under this article has been served shall take all reasonable steps to ensure that the notice is complied with unless he is authorised by licence issued by a veterinary inspector to do any thing which would otherwise be a breach of this Order.
4
If any person fails to comply with any restriction or requirement imposed by a notice served under this article, an inspector or other officer of the Minister or an inspector of the local authority may, without prejudice to any proceedings for an offence arising out of such contravention or default, seize or cause to be seized anything which has been moved in contravention of the notice and detain it at such place as he shall consider appropriate until the notice is withdrawn, or as the case may be, take such other action as may be necessary so as to ensure that any restriction or requirement imposed by the notice is complied with or carried out.
5
A person failing to comply with a notice under this article shall be liable for any costs incurred under paragraph (4) above.
6
Until such time as a notice under this article is served, a person who has in his possession or under his charge poultry suspected of having a disease shall take all reasonable steps to ensure that the restrictions and requirements contained in Part I of Schedule 1 to this Order are complied with.
Veterinary inquiry as to the existence of disease
6
1
In order to ascertain whether or not a disease exists or has existed on any premises, a veterinary inspector shall carry out such inquiries, examinations and tests and take such samples (including live poultry and carcases), as are necessary for that purpose and in order to establish —
a
the length of time the disease has existed on the premises,
b
the possible origin of the disease on the premises,
c
which premises may have been exposed to contamination by the disease from the premises under enquiry, and
d
the extent to which a disease has been carried to or from the premises under enquiry.
2
Collection of samples and laboratory testing shall be carried out in accordance with Annex III of Council Directive 92/40/EEC (in relation to avian influenza) and Annex III of Council Directive 92/66/EEC (in relation to Newcastle disease and paramyxovirus in pigeons).
3
A veterinary inspector may mark, or cause to be marked, for identification purposes any poultry, carcase or other thing in relation to which any of the powers under paragraph (1) above has been exercised.
4
The occupier or person in charge of the premises or any person in his employment shall render such reasonable assistance to a veterinary inspector as he may require for the purpose of facilitating the exercise of his powers under paragraph (1), (2) or (3) above.
Declaration of infected area
7
1
Upon the presence in any area of a disease in poultry (as defined in article 3(2) above) being confirmed by the Chief Veterinary Officer or by a person authorised by him, the Minister shall, by declaratory Order, declare the area to be an infected area.
2
Upon the presence in any area of a disease in captive birds (other than poultry as defined in article 3(2) above) being confirmed by the Chief Veterinary Officer or by a person authorised by him and upon the Minister being satisfied that the presence of that disease in captive birds constitutes a serious risk to other poultry, the Minister shall, by declaratory Order, declare the area to be an infected area.
3
An area shall remain an infected area until such date as may be specified in the declaratory Order, or, if none, until the declaratory Order is withdrawn.
4
Any premises which are partly inside and partly outside an infected area shall be deemed to be wholly inside that area.
5
The declaratory Order may apply generally or in relation to specified species.
6
The declaratory Order shall provide for the division of the infected area into protection and surveillance zones, the protection zone being based on a minimum radius of three kilometres, itself contained in a surveillance zone based on a minimum radius of ten kilometres, based on the centre of the premises the subject of a notice under article 5 above, or such lesser radia as the Minister may declare.
7
When the declaratory Order is made, the provisions of Schedule 2 to this Order shall apply in the area unless the declaratory Order specifies otherwise or unless an inspector authorises by licence under this Order anything which would otherwise be a breach of this Order.
Vaccination areas
8
1
Upon an Order being made under article 7 above, the Minister may, by notice published in such manner as he thinks fit, require the vaccination of any species of poultry in such territorial area and for such period as he thinks fit and it shall be the duty of every owner and every person in charge of poultry in that area to comply with that notice.
2
The provisions of Schedule 3 shall have effect in relation to vaccination upon the publication of a notice under paragraph (1) above.
Racing pigeons
9
1
An organiser of a show or race which takes place wholly or partly in Great Britain shall ensure that all racing pigeons entered for the race or show have been vaccinated against paramyxovirus 1 in pigeons.
2
Every person who owns or keeps racing pigeons shall keep a record of every race or show for which he enters his pigeons.
Disinfection
10
1
The person in charge of premises on which poultry (as defined in article 3(2) above) or racing pigeons are or have been exposed for sale or exhibited shall thoroughly cleanse and disinfect those premises, their fittings and any receptacle used for the exposure or exhibition of such poultry as soon as practicable after use and in any event before they are used again.
2
The person in charge of any receptacle in which poultry (as defined in article 3(2) above) or racing pigeons are to be carried shall thoroughly cleanse and disinfect the receptacle as soon as practicable after any such use and in any event before the receptacle is used again.
3
An inspector may, by notice in writing served on the person in charge of any premises or vehicle on or in which any poultry are or have been, require that person on whom the notice is served to cleanse and disinfect the premises or vehicle and any fittings or receptacle in such manner as he requires and prohibit the movement into the premises or vehicle of poultry until the cleansing and disinfection has been completed to the satisfaction of the inspector.
4
Without prejudice to the bringing of proceedings under the Animal Health Act 1981, where a notice under this article is not complied with, any person authorised by the Minister or the local authority may enter the premises or vehicle to which the notice relates and carry out the work of cleansing and disinfection required and the cost of such work shall be recoverable from the person on whom the notice was served.
5
For the purposes of this Order “cleansing” includes the disposal of all litter, droppings and other matter in a manner which does not present a risk of the spread of disease.
Records
11
1
Every person who owns or keeps on a single holding any flock of poultry consisting of at least 250 birds of any species shall keep a record in respect of poultry (as defined in article 3(2) above) entering or leaving his premises.
2
Every person who is engaged in the transport or marketing of any poultry or eggs (including any slaughterer or auctioneer) shall keep a record in respect of all poultry and eggs transported or marketed by him.
3
The record referred to in paragraphs (1) and (2) above shall include in respect of the relevant class of poultry and their eggs —
a
the date and place they were obtained;
b
their species and description;
c
the name and address of the person from whom they were obtained;
d
the date and manner of disposal;
e
the place of slaughter, if that was the manner of disposal; and
f
the name and address of the person to whom the poultry or eggs were transferred (if known), if that was the manner of disposal.
4
A person who is required by this Order to keep a record shall retain it for at least twelve months from the date of the recorded transportation or marketing.
5
A person who keeps any record required under this article shall at all reasonable times produce it on demand to an inspector and shall provide him with copies if so required.
Licences
12
A person moving anything under the authority of a licence issued under this Order shall —
a
keep the licence with him at all times during the licensed movement;
b
on demand made by an inspector or other officer of the Minister or by an inspector of local authority, produce the licence and allow a copy or extract to be taken, and
c
on such demand, furnish his name and address.
Enforcement
13
The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
Offence
14
A person, who, without lawful authority or excuse (proof of which shall lie on him), alters, removes or defaces any mark applied under article 6(3), shall be guilty of an offence against the Animal Health Act 1981.
Revocations and amendments
15
1
The Orders referred to in Schedule 4 to this Order are hereby revoked.
2
In the Diseases of Animals (Approved Disinfectants) Order 1978 —
a
in article 2(1) the definition of “Fowl Pest Orders” shall be deleted and the following definition shall be inserted after the definition of dilution rate —
“ Diseases of Poultry Order ” means the Diseases of Poultry Order 1994;
; and
b
for the words “Fowl Pest Orders”, wherever they appear, there shall be substituted the words “Diseases of Poultry Order”.
3
In the Aujeszky’s Disease Order 1983 in article 9(1) rule 4, article 13(1) and the Schedule Form A rule 4 for the words “Fowl Pest orders” there shall be substituted the words “Diseases of Poultry Order”.
4
In the Schedule to the Diseases of Animals (Fees for the Testing of Disinfectants) Order 1991 in item 5 for the words “Fowl Pest” there shall be substituted the words “Diseases of Poultry”.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
7th December 1994
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
8th December 1994
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
8th December 1994


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Flavourings in Food (Amendment) Regulations 1994 and shall come into force on 30th June 1994.
Amendment of the Flavourings in Food Regulations 1992
2
The Flavourings in Food Regulations 1992 shall be amended as follows —
a
in paragraphs (1) and (2) of regulation 5 (use of the word “natural” and similar expressions), for the words “a business sale”, in both cases where they occur, there shall be substituted the following words —
either a business sale or a consumer sale
;
b
immediately following paragraph (3) of regulation 5, there shall be inserted the following paragraph —
4
No person shall make a consumer sale of any relevant flavouring in contravention of the requirements of this regulation.
Amendment of the Food Labelling Regulations 1984 and the Food Labelling (Scotland) Regulations 1984
3
The Food Labelling Regulations 1984 and the Food Labelling (Scotland) Regulations 1984 shall be amended as follows —
a
in paragraph (1) of regulation 2 (interpretation), respectively, there shall be inserted immediately after the definition of edible ice the following definitions —
the noun “flavouring” has the meaning assigned to “relevant flavouring” in the Flavourings in Food Regulations 1992;
“flavouring preparation” has the meaning assigned to it by the Flavourings in Food Regulations 1992;
“flavouring substance” has the meaning assigned to it by the Flavourings in Food Regulations 1992;
b
immediately after paragraph (4) in regulation 15 (names of ingredients), respectively, there shall be inserted the following paragraphs —
4A
Where an ingredient is added to or used in a food as a flavouring it shall be identified by either —
a
the word “flavouring” or, where more than one such ingredient is used, “flavourings”, or
b
a more specific name or description of the flavouring (or flavourings).
4B
The word “natural”, or any other word having substantially the same meaning, may be used for an ingredient being a flavouring only where the flavouring component (or components) of such an ingredient consists (or consist) exclusively of —
a
a flavouring substance (or flavouring substances) which is (or are) obtained, by physical, enzymatic or microbiological processes, from material of vegetable or animal origin which material is either raw or has been subjected to a process normally used in preparing food for human consumption and to no process other than one normally so used,
b
a flavouring preparation (or flavouring preparations), or
c
both of (a) and (b) above.
4C
If the name of an ingredient being a flavouring refers to the vegetable or animal nature or origin of the substance (or substances) which it incorporates, the word “natural”, or any other word having substantially the same meaning, may not be used for that ingredient unless the flavouring component (or components) of that ingredient has (or have) been isolated, by physical, enzymatic or microbiological processes or by a process normally used in preparing food for human consumption, wholly or mainly from that vegetable or animal source.
4D
In paragraph (4B) and (4C) of this regulation —
a
distillation and solvent extraction shall be regarded as included among types of physical process, and
b
drying, torrefaction and fermentation shall be treated as included among the types of process normally used in preparing food for human consumption.
;
c
in Schedule 4, respectively, the word “Flavourings 2 ” and note no. 2 to that Schedule shall be deleted.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
23rd May 1994.
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
23rd May 1994
John Redwood
Secretary of State for Wales
24th May 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
24th May 1994


text:
Citation and commencement
1
1
These Regulations may be cited as the Railways (Penalty Fares) Regulations 1994.
2
These Regulations shall come into force on 1st April 1994.
Interpretation
2
1
In these Regulations —
“authorised collector” means a person authorised to be a collector by or under rules;
“compulsory ticket area” means any area at a station identified by a notice which indicates that persons may not enter that area without being able to produce a ticket or other authority authorising travel on a train arriving at or departing from that area or otherwise authorising entry into that area;
“operator”, in relation to any train, means the person having the management of that train for the time being and, in relation to any station, means the person having the management of that station for the time being, and “operated”shall be construed accordingly;
“preceding train” means a train —
by which a person travelled before changing to the train by which he is travelling, on which he is present or which he is leaving for the purposes of these Regulations; and
which was operated by the operator of the train to which that person changed;
“rules” means rules made by the Regulator under regulation 11;
“section 130” means section 130 of the Railways Act 1993.
2
In these Regulations any reference to a person leaving a train includes a person present in or leaving a compulsory ticket area having left a train arriving at that compulsory ticket area.
3
Where the terms on which a ticket or other authority is issued require the holder to produce on request any other document when using that ticket or other authority, any reference in these Regulations to a ticket or other authority includes such a document.
4
In these Regulations, where the context so admits, any reference to a ticket or other authority includes a ticket or other authority valid for the class of travel used or being used by the holder of that ticket or other authority.
5
In these Regulations, any reference to a numbered regulation shall mean the regulation bearing that number in these Regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Requirement to produce a ticket
3
1
Subject to the provisions of these Regulations and to rules, any person present travelling by, present on or leaving a train shall, if required to do so by or on behalf of the operator of that train in accordance with these Regulations and with rules, produce a ticket or other authority authorising his travelling by or his being present on that train, as the case may be.
2
Subject to the provisions of these Regulations and to rules, any person present in or leaving a compulsory ticket area, other than a person leaving a train, shall, if required to do so by or on behalf of the operator of a train in accordance with these Regulations and with rules, produce a ticket or other authority authorising him to be present in or leave that compulsory ticket area.
3
Any requirement imposed pursuant to this regulation shall be imposed by an authorised collector in the manner specified in rules.
Charge to a penalty fare
4
1
Subject to the provisions of these Regulations and to rules, where a person fails to produce a ticket or other authority when required to do so by or on behalf of an operator pursuant to regulation 3, that operator, or any person acting on behalf of that operator, may charge that person a penalty fare.
2
Nothing in these Regulations or in rules shall authorise the operator of a train or a person acting on behalf of him to charge a penalty fare in respect of:
a
travel by, presence on or leaving a train other than a train operated by that operator; or
b
presence in or leaving a compulsory ticket area unless it is a compulsory ticket area at which a train operated by that operator has arrived or from which such a train will depart.
3
Any charge made pursuant to this regulation shall be imposed by an authorised collector in the manner specified in rules.
4
The amount of any penalty fare charged in accordance with these Regulations shall be paid in the manner and within the period specified in rules.
Amount of a penalty fare
5
1
Subject to paragraph (5), the amount of any penalty fare which may be charged under regulation 4 is £10.00 or twice the amount of the full single fare applicable in the case, whichever is the greater.
2
The full single fare applicable in the case of a person charged a penalty fare while travelling by, being present on or leaving a train, aving travelled on or having been present on a preceding train, is the full single fare in respect of a journey from the station (in this regulation referred to as “the first boarding station”), at which that person boarded the preceding train, to the next station at which the train by which he is travelling or on which he is present is scheduled to stop, or, where that person is leaving the train at a station, that station.
3
The full single fare applicable in the case of a person, other than a person referred to in paragraph (2), charged a penalty fare while travelling by, being present on or leaving a train is the full single fare in respect of a journey from the station (in this regulation referred to as “the boarding station”), at which that person boarded the train, to the next station at which the train by which he is travelling or on which he is present is scheduled to stop, or, where that person is leaving the train at a station, that station.
4
Where the first boarding station or, as the case may be, the boarding station is not known to the authorised collector, the full single fare applicable in the case of a person charged a penalty fare while travelling by, being present on or leaving a train is the full single fare in respect of a journey from the station at which the train last made a scheduled stop, to the next station at which the train by which he is travelling or on which he is present is scheduled to stop, or, where that person is leaving the train at a station, that station.
5
The amount of any penalty fare which may be charged under regulation 4 to a person present in or leaving a compulsory ticket area, other than a person leaving a train, is £10.00.
Circumstances in which a penalty fare is not to be charged where a person is travelling on a train
6
1
Subject to the provisions of paragraph (3), in the case of a person travelling by, being present on or leaving a train (in this regulation referred to as “the relevant train”), no person shall be charged a penalty fare in the circumstances to which this regulation applies.
2
The circumstances to which this regulation applies are that, at the time when and at the station where the person in question boarded the relevant train, or, in the case where a person has boarded the relevant train after travelling on a preceding train, that, at the time when and at the station where the person in question boarded that preceding train,
a
there were no facilities in operation for the sale of the appropriate ticket or other authority to make the journey being or having been made by that person;
b
the requirements of rules in respect of the display of notices were not satisfied;
c
a notice was displayed indicating that the person in question was, or persons generally were, permitted to travel by or be present on the relevant train or, as the case may be, the preceding train without having a ticket or other authority; or
d
a person acting or purporting to act on behalf of
i
the operator of the relevant train, or
ii
the operator of the station in question,
indicated that the person in question was, or persons generally were, permitted to travel by or be present on the relevant train or, as the case may be, any preceding train without having a ticket or other authority.
3
Paragraphs (1) and (2) of this regulation shall not prevent a person from being charged a penalty fare where he had been invited by anybody acting on behalf of the operator of the relevant train or any preceding train to obtain a ticket or other authority while travelling on or present on the relevant train or that preceding train.
Circumstances in which a penalty fare is not to be charged where a person is in a compulsory ticket area
7
1
No person present in or leaving a compulsory ticket area, but who is not leaving a train, shall be charged a penalty fare in the circumstances to which this regulation applies.
2
The circumstances to which this regulation applies are that —
a
there were no facilities in operation at the station (in this regulation referred to as “the relevant station”) of which the compulsory ticket area formed part for the sale of the appropriate ticket or other authority to be present in that compulsory ticket area;
b
the requirements of rules with respect to the display of notices were not satisfied in relation to that compulsory ticket area;
c
a notice was displayed at the relevant station indicating that the person in question was, or persons generally were, permitted to be present in that compulsory ticket area without having a ticket or other authority; or
d
a person acting or purporting to act on behalf of
i
the operator of any train departing from that compulsory ticket area, or
ii
the operator of the relevant station
indicated that the person in question was, or persons in general were, permitted to be present in that compulsory ticket area without having a ticket or other authority.
Recovery of a penalty fare as a civil debt
8
The amount of any penalty fare charged in accordance with these Regulations and rules and not paid within the period specified in rules in accordance with regulation 4(4) may be recovered from the person charged as a civil debt. Relevant statement.
9
1
Where a person charged a penalty fare has in due time provided the operator by or on whose behalf the penalty fare was charged with a relevant statement, in any proceedings for the recovery of that penalty fare, it shall be for that operator to show that any of the facts described in the relevant statement is not true.
2
A relevant statement is a statement in writing informing the operator in question —
a
in the case of a person charged a penalty fare in circumstances where he was travelling by, present on or leaving a train —
i
of the train and of any preceding train by which he was travelling or had travelled or on which he was present or had been present;
ii
of the station and the time at which he boarded that train and any preceding train and, other than in the case of his leaving a train at a station, the station at which he intended to leave that train;
iii
whether any of the circumstances described in regulation 6(2) arose in relation to the station at which he boarded the train and any preceding train, and, if so, which;
b
in the case of a person charged a penalty fare in circumstances where he was present in or leaving a compulsory ticket area but was not leaving a train —
i
whether he was proposing to travel by train, and if so, by which train and to which station, and if not so proposing to travel, the reason for his presence in the compulsory ticket area;
ii
whether any of the circumstances described in regulation 7(2) arose in relation to the station of which the compulsory ticket area formed part and, if so, which.
3
For the purpose of paragraph (1) a relevant statement is provided in due time if it is provided at any time within the period of 21 days commencing with the day on which the person was charged a penalty fare.
Exclusion of double liability.
10
1
Where a person has been charged a penalty fare in respect of his failure to produce a ticket or other authority when required to do so pursuant to regulation 3, and, arising from that failure, proceedings are brought against that person in respect of any of the offences specified in paragraph (2), that person shall cease to be liable to pay the penalty fare which he has been charged, and, if he has paid it, the operator by or on whose behalf the penalty fare was charged shall be liable to repay to him an amount equal to the amount of that penalty fare.
2
The offences mentioned in paragraph (1) are an offence under section 5(3)(a) or (b) of the Regulation of Railways Act 1889 , or an offence under any byelaw made under section 67 of the Transport Act 1962 or section 129 of the Railways Act 1993 in respect of:
a
his travelling by, or his presence on, a train without having previously paid his fare, or, having paid his fare for a certain distance, his travelling beyond that distance without previously paying the additional fare for the additional distance;
b
his travelling by, or his presence on, a train without a ticket or other authority entitling him to travel by or be present on a train;
c
his presence in part of a station without a ticket or other authority authorising him to be present there.
Power for the Regulator to make rules
11
1
Subject to the provisions of these Regulations, the Regulator may make rules to make provision for and in connection with —
a
the imposition of requirements on persons travelling by, being present on or leaving trains or being present in or leaving compulsory ticket areas to produce a ticket or other authority authorising them to travel by, or be present on or leave the train in question or to be present in or leave the compulsory ticket area in question; and
b
the charging of persons in breach of such requirements to penalty fares;
and, subject to paragraph (2), with respect to any of the matters referred to in subsections (2) and (4) of section 130.
2
Nothing in these Regulations shall confer on the Regulator power to make rules to make provision for or with respect to any matter specified in paragraph (d), (l) and (o) of subsection (2), or subsection (7), of section 130.
3
Rules made pursuant to this regulation shall have effect as if they were regulations.
Requirement for a person to give his name and address
12
1
A person charged a penalty fare pursuant to regulation 4 shall give his name and address to the authorised collector when so required.
2
Any person who fails to give his name and address in accordance with paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
7th March 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) Regulations 1994 and shall come into force on 11th April 1994.
2
In these Regulations “the principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .
Amendment of Schedule 1 to the principal Regulations
2
In Part III of Schedule 1 to the principal Regulations (transitional provisions) after sub-paragraph (7) of paragraph 8 there shall be added the following sub-paragraph —
8
Where a resident’s capital is increased so that when calculated in accordance with Part III of these Regulations it amounts to more than the amount prescribed (“the prescribed amount”) for the purposes of section 134(1) of the Contributions and Benefits Act (exclusions from benefit) and where before that increase his capital calculated under that Part amounted to less than the prescribed amount the provisions of this Part of this Schedule shall not apply to him from the date of the increase in capital.
.
Amendment of Schedule 3 to the principal Regulations
3
At the end of Part I of Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
28A
Any payment which would be disregarded under paragraph 53 of Schedule 9 to the Income Support Regulations .
.
Amendment of Schedule 4 to the Principal Regulations
4
For paragraph 1 of Schedule 4 to the principal Regulations (capital to be disregarded) there shall be substituted the following paragraph —
1
The value of one dwelling (and not more than one dwelling) of a temporary resident from which he is absent in circumstances where —
a
he is taking reasonable steps to dispose of the dwelling in order that he may acquire another dwelling which he intends to occupy as his home; or
b
he intends to return to occupy that dwelling as his home and the dwelling to which he intends to return is still available to him.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
Department of Health
21st March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Aircraft Operators (Accounts and Records) Regulations 1994 and shall come into force on 1st November 1994.
Application
2
1
These Regulations shall apply to every operator who operates chargeable aircraft for the carriage of chargeable passengers.
2
Where, in relation to air passenger duty, the Revenue Traders (Accounts and Records) Regulations 1992 would apply to any operator or fiscal representative, these Regulations shall apply to him and those Regulations shall not apply to him.
Interpretation
3
1
In these Regulations —
“ the Act ” means the Finance Act 1994;
“Air Passenger Duty Account” has the meaning given in regulation 4;
“operator” means the operator of an aircraft;
“scheme” means a scheme prepared for a registered operator in accordance with the provisions of section 39 of the Act.
2
Except as provided in paragraph (1) above, expressions used in these Regulations bear the meaning which they bear in Chapter IV of Part I of the Act.
Air Passenger Duty Account
4
1
Every operator shall keep and preserve a record to be known as an Air Passenger Duty Account.
2
Except in the case of operators to whom regulation 5 applies, an Air Passenger Duty Account shall contain the particulars set out in Schedule 1.
Schemes
5
1
This regulation shall apply to an operator (“relevant operator”) for so long as a scheme has effect in relation to him.
2
An Air Passenger Duty Account kept by a relevent operator shall contain the particulars set out in Part I of Schedule 2.
3
Every relevant operator shall keep and preserve the items described in Part II of Schedule 2.
Other records
6
Every operator shall keep and preserve such other records as the Commissioners may specify in a notice published by them and not withdrawn by a further notice.
Time for making records
7
Where an operator is required by or under these Regulations to keep any record, he shall do so at the time —
a
of the happening of the event recorded; or
b
as the case may be, when the information recorded is first known to him,
or as soon as possible thereafter.
Content and preservation of records
8
1
Where an operator is required by or under these Regulations to keep any record he shall include in it sufficient information (by way of cross referencing or otherwise) to enable the Commissioners to ascertain readily that every return he makes is true and accurate.
2
Except as otherwise provided by a scheme, where an operator is required by or under these Regulations to preserve any record, he shall preserve that record —
a
for six years; or
b
for such lesser period as the Commissioners may specify for any case or cases in a notice published by them and not withdrawn by a further notice.
M. J. Eland
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
1st July 1994


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Social Security Maternity Benefits and Statutory Sick Pay (Amendment) Regulations 1994.
2
These Regulations shall come into force on 11th June 1994.
3
These Regulations shall have effect immediately after the Maternity Allowance and Statutory Maternity Pay Regulations 1994 have effect.
4
In these Regulations–
“the Statutory Maternity Pay Regulations ” means the Statutory Maternity Pay (General) Regulations 1986 ;
“the Maternity Allowance Regulations ” means the Social Security (Maternity Allowance) Regulations 1987 ;
“the Maternity Allowance (Work Abroad) Regulations ” means the Social Security (Maternity Allowance) (Work Abroad) Regulations 1987 ;
“the Statutory Sick Pay Regulations ” means the Statutory Sick Pay (General) Regulations 1982 .
Amendment of regulation 2 of the Statutory Maternity Pay Regulations
2
1
Regulation 2 of the Statutory Maternity Pay Regulations (the maternity pay period) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1)–
a
for the words “subject to paragraph (3)” there shall be substituted the words “subject to paragraphs (3) to (5)”;
b
for the words “or the 6th week before the expected week of confinement”, there shall be substituted the words “or the week immediately following the week in which she is confined”.
3
For paragraph (2) there shall be substituted the following paragraph–
2
The maternity pay period shall be a period of 18 consecutive weeks.
.
4
In paragraph (3)(b) the words “but before the 6th week” shall be omitted.
5
After paragraph (3) there shall be added the following paragraphs–
4
Subject to paragraph (5), where a woman is absent from work wholly or partly because of pregnancy or confinement on any day which falls on or after the beginning of the 6th week before the expected week of confinement, but not later than the week immediately following the week in which she is confined, the first week of her maternity pay period shall be the week which includes that day.
5
Where–
a
a woman is employed by an employer who is liable to pay her statutory maternity pay; and
b
she is absent from work wholly or partly because of pregnancy or confinement on any day which falls on or after the beginning of the 6th week before the expected week of confinement but not later than the week immediately following the week in which she is confined; and
c
she has worked for that employer or is entitled to statutory sick pay, on any day which falls on or after the start of the week in which the absence mentioned in sub–paragraph (b) above falls,
the first week of her maternity pay period shall be the week next following that day.
.
Amendment of regulation 4 of the Statutory Maternity Pay Regulations
3
1
Regulation 4 of the Statutory Maternity Pay Regulations (modification of entitlement provisions) shall be amended in accordance with the following provisions of this regulation.
2
Paragraph (1) shall be omitted.
3
In paragraph (2)–
a
for the words “section 46(2)(a) and (b) of the 1986 Act” there shall be substituted the words “section 164(2)(a) and (b) of the Contributions and Benefits Act”;
b
for the words “under section 4(1)(a) of the 1975 Act” there shall be substituted the words “under section 5(1)(a) of the Contributions and Benefits Act.”.
4
For paragraph (3) there shall be substituted the following paragraph–
3
In relation to a woman to whom paragraph (2) applies, section 166 of the Contributions and Benefits Act shall be modified so that subsection (2) has effect as if the reference to the period of 8 weeks immediately preceding the 14th week before the expected week of confinement was a reference to the period of 8 weeks immediately preceding the week in which her confinement occurred.
.
Amendment of regulation 6 of the Statutory Maternity Pay Regulations
4
In regulation 6 of the Statutory Maternity Pay Regulations (lower rate of statutory maternity pay) for the sum of “£48.80” there shall be substituted the sum of “£52.50”.
Amendment of regulation 21 of the Statutory Maternity Pay Regulations
5
1
Regulation 21 of the Statutory Maternity Pay Regulations (normal weekly earnings) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “Part V of the 1986 Act” there shall be substituted the words “Part XII of the Contributions and Benefits Act.”.
3
In paragraph (2) in the definition “the appropriate date” the words after “whichever is the earlier,” shall be omitted.
4
In paragraph (3) for the words “section 50(3) of the 1986 Act” there shall be substituted the words “section 171(4) of the Contributions and Benefits Act.”.
Amendment of regulation 23 of the Statutory Maternity Pay Regulations
6
1
Regulation 23 of the Statutory Maternity Pay Regulations (notice of absence from work) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (2) for the words “section 46(4) of the 1986 Act” there shall be substituted “section 164(4) of the Contributions and Benefits Act”.
3
For paragraphs (4) and (5) there shall be substituted the following paragraphs–
4
Subject to paragraph (5), section 164(4) of the Contributions and Benefits Act shall not apply to a woman who leaves her employment with the person who will be liable to pay her statutory maternity pay after the beginning of the 15th week before the expected week of confinement for a reason wholly unconnected with her pregnancy.
5
A woman who is exempted from section 164(4) of the Contributions and Benefits Act by paragraph (4) but who is confined before the 11th week before the expected week of confinement shall only be entitled to statutory maternity pay if she gives the person who will be liable to pay it notice specifying the date she was confined.
.
Amendment of regulation 3 of the Maternity Allowance Regulations
7
1
Regulation 3 of the Maternity Allowance Regulations (modification of the maternity allowance period) shall be amended in accordance with the following provisions of this regulation.
2
After paragraph (2) there shall be inserted the following paragraph–
2A
In relation to a woman who–
a
is not entitled to maternity allowance at the 11th week before the expected week of confinement; and
b
subsequently becomes entitled to maternity allowance before being confined; and
c
has stopped work
the maternity allowance period shall be a period of 18 weeks commencing with the week following that in which she stopped work.
.
3
In paragraph (4)(c) for head (ii) there shall be substituted the following head–
ii
where she is absent from work wholly or partly due to pregnancy or confinement, at the end of the 18th week following the week in which she was absent from work,
.
Amendment of regulation 2 of the Maternity Allowance (Work Abroad) Regulations
8
In regulation 2(4) of the Maternity Allowance (Work Abroad) Regulations (special provision for certain persons who have been employed abroad) for the words “52 weeks preceding the 14th week before” there shall be substituted the words “66 weeks immediately preceding”.
Amendment of regulation 3 of the Statutory Sick Pay Regulations
9
1
Regulation 3 of the Statutory Sick Pay Regulations (periods of entitlement ending or not arising) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (3)–
a
for the words “section 3(2) of the 1982 Act” there shall be substituted “section 153(2) of the Contributions and Benefits Act”; and
b
for the words “section 3(5) of that Act” there shall be substituted the words “section 153(6) of the Contributions and Benefits Act”.
3
For paragraph (4) there shall be substituted the following paragraph–
4
Where a period of entitlement is current as between an employee and her employer and the employee–
a
is pregnant or has been confined; and
b
is incapable of work wholly or partly because of pregnancy or confinement on any day which falls on or after the beginning of the 6th week before the expected week of confinement; and
c
is not by virtue of that pregnancy or confinement entitled to statutory maternity pay under Part XII of the Contributions and Benefits Act or to maternity allowance under section 35 of that Act;
the period of entitlement shall end on that day or, if earlier, on the day she was confined.
.
4
For paragraph (5) there shall be substituted the following paragraph–
5
Where an employee–
a
is pregnant or has been confined; and
b
is incapable of work wholly or partly because of pregnancy or confinement on any day which falls on or after the beginning of the 6th week before the expected week of confinement; and
c
is not by virtue of that pregnancy or confinement entitled to statutory maternity pay under Part XII of the Contributions and Benefits Act or to maternity allowance under section 35 of that Act;
a period of entitlement as between her and her employer shall not arise in relation to a period of incapacity for work where the first day in that period falls within 18 weeks of the beginning of the week containing the day referred to at (b) above or, if earlier, of the week in which she was confined.
.
5
In paragraph (6) for the words “section 50 of the Social Security Act 1986” there shall be substituted the words “section 171 of the Contributions and Benefits Act”.
Signed by authority of the Secretary of State for Social Security.
Astor
Parliamentary Under–Secretary of State,
Department of Social Security
19th May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cornwall Healthcare National Health Service Trust (Transfer of Trust Property) Order (No. 2) 1994 and shall come into force on 15th June 1994.
2
In this Order —
“the Authority” means the Plymouth and Torbay Health Authority;
“the Trust” means the Cornwall Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Plymouth and Torbay Health Authority and the Trust on 15th April 1994, which schedule has been signed on behalf of both that Authority and the Trust.
Transfer of trust property
2
On 15th June 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
24th May 1994


text:
Title and commencement
1
This Order may be cited as the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (Amendment) Order 1994 and shall come into force on 1st April 1994.
Amendment
2
1
The Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1992 shall be amended as follows.
2
In article 3 (Exemptions for merchants in veterinary drugs), for paragraph (2) there shall be substituted the following paragraph:
2
No veterinary drug described in paragraph (1) above —
a
shall be sold by retail except to a person whom the seller knows, or has reasonable cause to believe, to be a person who has animals under his control for the purposes of, and in the course of carrying on, a business, either as his sole business activity or as a part of his business activities, and
b
if that veterinary drug is not intended for export and is specified in the second column of paragraph 4(1) of Schedule 1, shall be sold by retail —
i
from 1st April 1994 until 31st March 1995, except to a person whom the seller knows or has reasonable cause to believe to be the holder, or the employer of, or a person acting on behalf of the holder, of a Certificate of Enrolment for the Certificate of Competence in the Safe Use of Sheep Dips issued by the National Proficiency Tests Council, or by that Council and the Department of Agriculture for Northern Ireland, or a Certificate of Competence in the Safe Use of Sheep Dips issued by that Council, or by that Council and that Department, showing that Parts 1 and 2 of the assessment have been satisfactorily completed, and
ii
from 1st April 1995, except to a person whom the seller knows or has reasonable cause to believe to be the holder, or the employer of, or a person acting on behalf of the holder, of a Certificate of Competence in the Safe Use of Sheep Dips issued by the National Proficiency Tests Council, or by that Council and the Department of Agriculture for Northern Ireland, showing that Parts 1 and 2 of the assessment have been satisfactorily completed.
.
3
In article 4 (Further conditions for exemption under article 3) in paragraph (3) —
a
at the end of sub-paragraph (c) there shall be inserted the word “and”, and
b
the following sub-paragraph shall be added:
d
if that veterinary drug is such as is described in article 3(2)(b) the reference number of the Certificate held,
.
4
In article 13 (Exemptions for pharmacists) in paragraph (1), after the words “article 3(1)” there shall be inserted the words “, unless that veterinary drug is such as is described in article 3(2)(b),”.
5
In article 16 (Fees), after the words “his name” there shall be inserted “in or”.
6
For Schedules 1 to 4 there shall be substituted the Schedules numbered 1 to 4 set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister of State,
Department of Health
28th February 1994
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
23rd February 1994
John Redwood
Secretary of State for Wales
28th February 1994
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd February 1994.
L.S.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 1st March 1994.
L.S.
F A Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 7th March 1994.
L.S.
J Murray
Permanent Secretary


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Hastings Borough Council, Worthing Borough Council and Barnet London Borough Council) Order 1994 and shall come into force on 1994.
Exemption of defined activities carried out by Hastings Borough Council
2
1
The activities mentioned in paragraph (2) shall not be treated as defined activities so long as they are carried out by the Hastings Borough Council before 1st January 1996.
2
The activities are–
a
collection of refuse in their area;
b
maintenance of ground undertaken at–
i
the Borough cemetery, The Ridge, Hastings,
ii
White Rock Gardens, Hastings,
iii
Bexhill Road Recreation Ground, Hastings,
iv
St Mary’s Chapel, Bexleigh Avenue, Hastings.
Exemption of ground maintenance work carried out by Worthing Borough Council
3
The maintenance of ground by the Worthing Borough Council shall not be treated as a defined activity so long as it is carried out–
a
within the areas of the wards of Goring, Marine and Heene, and so much of the area of the Central ward as is bounded to the north by the railway line and to the east by Chapel Road and South Street, or
b
at the Hill Barn golf course, Hill Barn Lane, Worthing, West Sussex,
before 1st January 1996.
Exemption of ground maintenance work carried out by Barnet London Borough Council
4
The maintenance of ground by the Barnet London Borough Council shall not be treated as a defined activity so long as it is carried out within the areas of the wards of Arkley, Brunswick Park, East Barnet, Friern Barnet, Hadley and Totteridge before 1st January 1996.
Signed by authority of the Secretary of State
Robert Jones
Parliamentary Under-Secretary of State,
Department of the Environment
8th December 1994


text:
1
This Order may be cited as the Education (Further Education Corporations) Order 1994 and shall come into force on 30th June 1994 (“the Commencement Date”).
2
On the Commencement Date there shall be established a body corporate called “Coleg Menai” for the purpose of establishing and conducting from the operative date a new educational institution of that name (to be formed by the merger of Gwynedd Technical College and Coleg Pencraig).
3
The “operative date”, in relation to the further education corporation established by this Order and the institution it is to conduct, shall be 1st August 1994.
John Redwood
Secretary of State for Wales
28th May 1994


text:
1
These Regulations may be cited as the Railways (Amendment) Regulations 1994 and shall come into force on 31st March 1994.
2
The Railways Regulations 1992 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 2 (Purpose and interpretation), for paragraph (2) there shall be substituted the following paragraph: —
2
In these Regulations —
“the Concessionaires”, “the tunnel system” and “shuttle service” have the same meaning as in the Channel Tunnel Act 1987 ;
“the International Rail Regulator” means the officer appointed under regulation 7(1) by the Secretary of State;
“access and transit rights” or “transit rights” means access and transit rights or transit rights in relation to railway infrastructure;
“railway infrastructure” means railway facilities and ancillary services;
“United Kingdom National” means an individual who is —
a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen,
a person who under the British Nationality Act 1981 is a British subject, or
a British protected person (within the meaning of that Act);
and expressions used which are also used in Part I of the Railways Act 1993 have the same meaning.
,
and in paragraph (3) at the end for the full stop there shall be inserted “; and” and there shall be added the following sub-paragraph: —
c
a numbered rule is a reference to the rule in Schedule 1 bearing that number.
.
4
Regulation 4 (Modification of enactments concerning the powers of the Secretary of State and the obligations of the British Railways Board) shall be deleted.
5
In regulation 6 (Calculation of, and rules for the determination of, fees for the use of railway infrastructure), in paragraph (1) the words from “and may, in particular” to the end shall be deleted and for paragraph (2) there shall be substituted the following paragraphs: —
2
The fees shall be determined in accordance with the rules in Schedule 1 and, in relation to a fee to be charged under an agreement which is an access contract entered into pursuant to directions under section 17 or 18 of the Railways Act 1993, it shall fall to the Regulator, in consultation with the infrastructure manager and the person by whom the fee is payable or a person acting on his behalf, to determine the fee in accordance with those rules as if in rules 2, 3 and 4 the references to an amount determined by agreement were references to an amount determined by the Regulator in consultation with those persons.
3
The rules in Schedule 1 apply to the determination of fees on the conclusion, modification or renewal of agreements for the use of railway infrastructure.
.
6
In regulation 8 (Access and transit rights), in paragraph (3) after the words “On an application under paragraph (1) or (2)” there shall be inserted the words “and on payment of the charge specified in paragraph (3A)” and after paragraph (3) there shall be inserted the following paragraph; —
3A
The infrastructure manager may require the payment of a charge to cover his reasonable costs of dealing with the application.
.
7
In regulation 9 (Appeals and disputes)
a
after paragraph (1) there shall be inserted the following paragraph; —
1A
In the event of a dispute concerning the charge required by the infrastructure manager to be paid under paragraph (3A) of regulation 8, the applicant international grouping or railway undertaking may by notice in writing appeal to the International Rail Regulator.
:
b
in paragraph (2) after the words “notice of appeal” there shall be inserted the words “under paragraph (1) or (1A)”;
c
after paragraph (3) there shall be insered the following paragraph; —
3A
On an appeal under paragraph (1A), the International Rail Regulator, after considering the representations of the appellant and infrastructure manager, shall determine the amount of the charge and his determination shall be binding upon parties to the dispute.
; and
d
after paragraph (4) there shall be inserted the following paragraph; —
4A
In relation to a matter referred under paragraph (4) concerning the determination of the amount of the fee to be charged for the use of railway infrastructure the rules in Schedule 1 shall have effect as if in rules 2, 3 and 4 the references to an amount determined by agreement were references to an amount determined by the International Rail Regulator.
8
For the rules specified in Schedule 1 (Rules for the determination of fees charged for the use of railway infrastructure) there shall be substituted the following rules: —
1
Subject to rules 2, 3 and 4, a fee for the use of infrastructure shall include, and shall include only:
a
an amount equal to the estimated costs reasonably attributable to the operation of trains in pursuance of the agreement under which the fee is payable; and
b
an amount determined in accordance with rule 2 in respect of a share of estimated common costs.
2
The amount referred to in rule (1)(b) shall be such amount as may be determined by agreement between the infrastructure manager and the person by whom the fee is payable or a person acting on his behalf.
3
A fee may be increased or decreased by an amount determined by agreement between the infrastructure manager and the person by whom the fee is payable or a person acting on his behalf to take account of special or exclusive rights to use the infrastructure granted to the person by whom the fee is payable or to any other person.
4
A fee may be increased or decreased, in accordance with any performance incentive regime agreed between the infrastructure manager and the person by whom the fee is payable or a personacting on his behalf, by an amount so determined.
5
In this Schedule —
“common costs” means the costs incurred by the infrastructure manager in operating his railway infrastructure which are not attributable to the operation of trains on that infrastructure by any particular railway undertaking or international grouping;
“costs” include the costs of operating the control and safety systems, of providing or renewing capital assets, of a rate of return on capital invested in the infrastructure, of the payment of value added tax and administrative costs and other overheads; and
“infrastructure” means railway infrastructure.
.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
8th March 1994


text:
1
This Order may be cited as the A50 Trunk Road (Blythe Bridge to Queensway and Connecting Roads) (No 2) Order 1994 and shall come into force on 27th May 1994.
2
In this Order:
1
all measurements of distance are measured along the route of the relevant highway;
i
“the main new road” means the new highway which the Secretary of State proposes to construct in pursuance of the (A50) Nottingham-Derby-Stoke-on-Trent Trunk Road (Blythe Bridge to Queensway and Connecting Roads) Order 1992 ;
ii
“the plan” means the plan numbered HA10/2 WM171 marked the “A50 Trunk Road (Blythe Bridge to Queensway and Connecting Roads) (No 2) 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; and
iii
“the connecting roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order and which connect the main new road with other highways or proposed highways at the places stated in that Schedule.
3
The connecting roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the connecting roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the connecting roads 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. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
D R Ritchie
Regional Director West Midlands Region
Department of Transport
17th May 1994


text:
Title and commencement
1
These Regulations may be cited as the Northern Ireland (Emergency Provisions) Act 1991 (Crown Servants and Regulators etc.) Regulations 1994 and shall come into force on 1st August 1994.
Interpretation
2
In these Regulations —
“the 1991 Act ” means the Northern Ireland (Emergency Provisions) Act 1991; and
“relevant financial business” has the meaning given by regulation 4 of the Money Laundering Regulations 1993 .
Application of the Act to Director of Savings and staff
3
Sections 53, 54(2) to (6) and 54A of the 1991 Act shall apply to the following persons, namely —
a
the Director of Savings; and
b
any person employed by or otherwise engaged in the service of the Director of Savings,
in circumstances where the said Director or any such person is carrying on relevant financial business.
Designation of persons performing regulatory etc. functions
4
1
Section 54A of the 1991 Act shall not apply to the following persons, being hereby designated for the purposes of section 55A(2)(a) of that Act —
a
the Bank of England;
b
the Building Societies Commission;
c
a designated agency within the meaning of the Financial Services Act 1986 ;
d
a recognised self-regulating organisation within the meaning of the Financial Services Act 1986;
e
a recognised professional body within the meaning of the Financial Services Act 1986;
f
a transferee body within the meaning of the Financial Services Act 1986;
g
a recognised self-regulating organisation for friendly societies within the meaning of the Financial Services Act 1986;
h
the Council of Lloyds;
i
the Friendly Societies Commission;
j
the Chief Registrar of Friendly Societies;
k
the Assistant Registrar of Friendly Societies for Scotland;
l
the Central Office of the Registry of Friendly Societies;
m
the Registrar of Credit Unions for Northern Ireland;
n
the Assistant Registrar of Credit Unions for Northern Ireland.
2
The following category of persons is hereby prescribed for the purposes of section 55A(2)(b) of the 1991 Act, namely, persons who are (for the purpose of performing regulatory, supervisory, investigative or registration functions) employed by or otherwise engaged in the service of any person designated under paragraph (1) of this regulation.
3
Section 54A of the 1991 Act shall not apply in any circumstances to any person who falls within a category of person prescribed for the purposes of section 55A(2) of that Act.
Michael Howard
One of Her Majestys Principal Secretaries of State
Home Office
1st July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Birmingham Mental Health National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the South Birmingham Mental Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the South Birmingham Mental Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Psychiatric Hospital, Queen Elizabeth Medical Centre, Mendelsohn Way, Off Vincent Drive, Edgbaston, Birmingham B15 2QZ and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from Vincent Drive, Edgbaston, Birmingham B15 2TZ and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of Birmingham.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The South Birmingham Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The South Birmingham Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the South Birmingham Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
28th January 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the James Paget Hospital National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th February 1994.
2
In this Order —
“the Authority” means the Great Yarmouth and Waveney Health Authority;
“the Trust” means the James Paget Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 21st July 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th February 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
12th January 1994


text:
1
The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the corresponding Tables of the Schedule to the Ecclesiastical Judges and Legal Officers (Fees) Order 1993 . The Tables of the Schedule contain particulars of the fees which are to be received, after the commencement of this Order, by the ecclesiastical judges and legal officers named in the Schedule for carrying out by them of the duties of their offices specified in the Schedule.
2
The Ecclesiastical Judges and Legal Officers (Fees) Order 1993 is hereby revoked.
3
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a supplementary annual fee ) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
4
A fee specified in the Schedule to this Order shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of courthearings.
5
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
6
This Order may be cited as the Ecclesiastical Judges and Legal Officers (Fees) Order 1994 and shall come into operation on the first day of January 1995.
R. B. Gibson
A. K. L. Black
M. J. Colman
Peter Crediton
C. A. McLintock
Dated this 9th day of May 1994
Approved by the General Synod
P. J. C. Mawer
Secretary-General
the 8th day of July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Black Country Mental Health National Health Service Trust (Establishment) Order 1994 and shall come into force on 22nd December 1994.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 22nd December 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Black Country Mental Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Black Country Mental Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Edward Street Hospital, Edward Street, West Bromwich, West Midlands B70 8NL and associated hospitals;
b
to manage community health services provided from 48 Lodge Road, West Bromwich, West Midlands B70 8NY and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Sandwell Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Sandwell Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Sandwell Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bexley Community Health National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 5th October 1994.
2
In this Order —
“the Authority” means the Bexley and Greenwich Health Authority;
“the Trust” means the Bexley Community Health National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 17th May 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 5th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
7th September 1994


text:
Citation and commencement
1
This Order may be cited as the River Tummel Catchment Area Protection (Renewal) Order 1991 Variation Order 1994 and shall come into force on 7th October 1994.
Variation
2
The River Tummel Catchment Area Protection (Renewal) Order 1991 shall be varied by omitting, in article 4, the words “During the period from 8th October 1991 to 7th October 1994, both dates inclusive,”.
David R Dickson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
6th October 1994


text:
1
This Order may be cited as the Merchant Shipping Act 1979 (Commencement No. 14) Order 1994.
2
The provisions of the Act specified in the first column of the Schedule to this Order (which relate to the matters specified in the second column) shall come into force on 22nd November 1994, immediately after the Coming into force of the Merchant Shipping (Sterling Equivalents) (Revocation) Order 1994 .
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
2nd November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dorset Community National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Dorset Community National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Dorset Community National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Forston Clinic, Herrison, Dorchester, Dorset DT2 9TU and associated hospitals;
b
to manage community health services provided from Forston Clinic, Herrison, Dorchester, Dorset DT2 9TU and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Restriction on disposal of assets
7
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
28th January 1994


text:
1
These Regulations may be cited as the Education (Particulars of Independent Schools) (Amendment) Regulations 1994 and shall come into force on 1st April 1994.
2
The Education (Particulars of Independent Schools) Regulations 1982 are amended by —
a
the insertion before the definition of “the register” in regulation 2 of the following definition —
“boarding pupil” means a child (within the meaning of s105(1) of the Children Act 1989) provided with accommodation at the school or under arrangements made by the proprietor of the school;
; and
b
the insertion of a new paragraph 10 in the Schedule —
10
1
In the case of a school taking boarding pupils other than a school approved by the Secretary of State under section 189(1) of the Education Act 1993 (independent schools suitable for children with statements of special educational needs):
a
in each year within the period of two years ending with the relevant date for the purposes of regulation 5 the number of boarding pupils for whom accommodation was provided for more than 295 days in that year; and
b
whether it is intended that more than three of the boarding pupils at the school be provided with accommodation for more than 295 days in any year.
2
In this paragraph “year” means a period of twelve months.
.
John Patten
Secretary of State for Education
21st February 1994
John Redwood
Secretary of State for Wales
27th February 1994


text:
1
This Order may be cited as the Education (Chief Inspector of Schools in England) Order 1994 and shall come into force on 31st August 1994.
2
Christopher Anthony Woodhead is hereby appointed Her Majestys Chief Inspector of Schools in England for a period of five years from 1st September 1994.
3
The Education (Chief Inspector of Schools in England) Order 1992 is hereby revoked.
N. H. Nicholls
Clerk of the Privy Concil


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Clun) Designation (Amendment) Order 1994 and shall come into force on 30th April 1994.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Clun) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Definitions
4
In article 2 of the principal Order —
1
before the definition of “agreement” there shall be inserted the following definition:
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
;
2
after the definition of “agreement” there shall be inserted the following definition:
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 8 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
after the definition of “meadowland” there shall be inserted the following definition:
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
.
Requirements to be included in an agreement
5
After article 4 of the principal Order there shall be inserted the following article:
4A
An agreement may include the requirements as to public access specified in Schedule 1A to this Order.
.
Rates of payment under agreement
6
1
After paragraph (1) of article 6 of the principal Order there shall be inserted the following paragraph:
1A
Where an agreement includes the requirements as to public access specified in Schedule 1A the Minister shall make payments at a rate of £170 per annum for each hectare of access route.
.
2
For paragraph (3) of article 6 of the principal Order there shall be substituted the following paragraph:
3
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the aggregate of the operations included in the plan at a rate not exceeding £100 per annum for each hectare of land to which the agreement relates, subject to a maximum of £4,000 for each such plan.
.
Schedules
7
1
After Schedule 1 to the principal Order there shall be inserted the provisions of the Schedule to this Order.
2
After paragraph 8 of Schedule 8 to the principal Order there shall be inserted the following paragraph:
9
The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
18th March 1994.
We consent,
Irvine Patnick
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Collective Enfranchisement and Tenants' Audit (Qualified Surveyors) Regulations 1994 and shall come into force on 7th June 1994.
Qualified surveyors
2
A requirement prescribed under sections 13(7) and 78(5) of the Leasehold Reform, Housing and Urban Development Act 1993 (meaning of “qualified surveyor”) is that a person is a member or fellow of the Architects and Surveyors Institute.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
4th May 1994
John Redwood
Secretary of State for Wales
7th May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Anglian Harbours National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 8th February 1994.
2
In this Order —
“the Authority” means the Great Yarmouth and Waveney Health Authority;
“the Trust” means the Anglian Harbours National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 8th July 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th February 1994 the trust property shall be transferrred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
11th January 1994


text:
Title and commencement
1
This Order may be cited as the Marek’s Disease (Restriction on Vaccination) (Revocation) Order 1994 and shall come into force on 25th March 1994.
Revocation
2
The Marek’s Disease (Restriction on Vaccination) Order 1987 is hereby revoked.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
28th February 1994.
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
21st February 1994
John Redwood
Secretary of State for Wales
22nd February 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Cumbria Health Care National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 6th October 1994.
2
In this Order —
“the Authority” means the North Cumbria Health Authority;
“the Trust” means the West Cumbria Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 19th May 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
8th September 1994