text:
PART I
GENERAL
Title and commencement
1
These Regulations may be cited as the Education (Special Educational Needs) Regulations 1994 and shall comeinto force on 1st September 1994.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Education Act 1993;
“authority” means a local education authority;
“district health authority” has the same meaning as in the National Health Service Act 1977 ;
“head teacher” includes any person to whom the duties or functions of a head teacher under these Regulations havebeen delegated by the head teacher in accordance with regulation 3;
“social services authority” means a local authority for the purposes of the Local Authority Social Services Act 1970 acting in the discharge of such functions as are referred to in section 2(1) of that Act;
“target” means the knowledge, skills and understanding which a child is expected to have by the end of a particularperiod;
“transition plan” means a document prepared pursuant to regulation 16(9) or 17(9) which sets out the arrangements which an authority consider appropriate for a young person during the period when he is aged 14 to 19 years, including arrangements for special educational provision and for any other necessary provision, for suitable employment and accommodation and for leisure activities, and which will facilitate a satisfactory transition from childhood to adulthood;
“working day” means a day other than a Saturday, Sunday, Christmas Day, Good Friday or Bank Holiday within the meaning of the Banking and Financial Dealings Act 1971 ;
“the 1981 Act ” means the Education Act 1981 ;
“the 1983 Regulations ” means the Education (Special Educational Needs) Regulations 1983 .
2
In these Regulations any reference to the district health authority or the social services authority is, in relationto a particular child, a reference to the district health authority or social services authority in whose area that child lives.
3
Where a thing is required to be done under these Regulations —
a
within a period after an action is taken, the day on which that action was taken shall not be counted in the calculationof that period; and
b
within a period and the last day of that period is not a working day, the period shall be extended to include thefollowing working day.
4
References in these Regulations to a section are references to a section of the Act.
5
References in these Regulations to a regulation are references to a regulation in these Regulations andreferences to a Schedule are references to the Schedule to these Regulations.
Delegation of functions
3
Where a head teacher has any functions or duties under these Regulations he may delegate those functions orduties —
a
generally to a member of the staff of the school who is a qualified teacher, or
b
in a particular case to a member of the staff of the school who teaches the child in question.
Service of documents
4
1
Where any provision in Part III of the Act or in these Regulations authorises or requires any document to be served or sent to a person or any written notice to be given to a person the document may be served or sent or thenotice may be given by properly addressing, pre-paying and posting a letter containing the document or notice.
2
For the purposes of this regulation, the proper address of a person is —
a
in the case of the child’s parent, his last known address;
b
in the case of a head teacher or other member of the staff of a school, the school’s address;
c
in the case of any other person, the last known address of the place where he carries on his business, profession orother employment.
3
Where first class post is used, the document or notice shall be treated as served, sent or given on the secondworking day after the date of posting, unless the contrary is shown.
4
Where second class post is used, the document or notice shall be treated as served, sent or given on the fourthworking day after the date of posting, unless the contrary is shown.
5
The date of posting shall be presumed, unless the contrary is shown, to be the date shown in the post-markon the envelope in which the document is contained.
PART II
ASSESSMENTS
Notices relating to assessment
5
1
Where under section 167(1) or 174(2) an authority give notice to a child’s parent that they propose to make an assessment, or under section 167(4) give notic to a child’s parent of their decision to make an assessment, they shallsend copies of the relevant notice to —
a
the social services authority,
b
the district health authority, and
c
if the child is registered at a school, the head teacher of that school.
2
Where a copy of a notice is sent under paragraph (1) an endorsement on the copy or a notice accompanyingthat copy shall inform the recipient what help the authority are likely to request.
3
Where under section 172(2) or 173(1) a child’s parent asks the authority to arrange for an assessment to be made the authority shall give notice in writing to the persons referred to in paragraph (1)(a) to (c) of the fact that the requesthas been made and inform them what help they are likely to request.
Advice to be sought
6
1
For the purpose of making an assessment under section 167 an authority shall seek —
a
advice from the child’s parent;
b
educational advice as provided for in regulation 7;
c
medical advice from the district health authority as provided for in regulation 8;
d
psychological advice as provided for in regulation 9;
e
advice from the social services authority; and
f
any other advice which the authority consider appropriate for the purpose of arriving at a satisfactory assessment.
2
The advice referred to in paragraph (1) shall be written advice relating to —
a
the educational, medical, psychological or other features of the case (according to the nature of the advice sought)which appear to be relevant to the child’s educational needs (including his likely future needs);
b
how those features could affect the child’s educational needs, and
c
the provision which is appropriate for the child in light of those features of the child’s case, whether by way of special educational provision or non-educational provision, bu not relating to any matter which is required to be specified in astatement by virtue of section 168(4)(b).
3
A person from whom the advice referred to in paragraph (1) is sought may in connection therewith consult such persons as it appears to him expedient to consult; and he shall consult such persons, if any, as are specified in the particularcase by the authority as persons who have relevant knowledge of, or information relating to, the child.
4
When seeking the advice referred to in paragraph (1)(b) to (f) an authority shall provide the person from whom it is sought with copies of —
a
any representations made by the parent, and
b
any evidence submitted by, or at the request of, the parent under section 167(1)(d).
5
The authority need not seek the advice referred to in paragraph (1)(b), (c), (d), (e) or (f) if —
a
the authority have obtained advice under paragraph (1)(b), (c), (d), (e) or (f) respectively within the preceding 12 months,and
b
the authority, the person from whom the advice was obtained and the child’s parent are satisfied that the existingadvice is sufficient for the purpose of arriving at a satisfactory assessment.
Educational advice
7
1
The educational advice referred to in regulation 6(1)(b) shall, subject to paragraphs (2) to (5), be sought —
a
from the head teacher of each school which the child is currently attending or which he has attended at any time withinthe preceding 18 months;
b
if advice cannot be obtained from a head teacher of a school which the child is currently attending (because the child is not attending a school or otherwise) from a person who the authority are satisfied has experience of teaching children with special educational needs or knowledge of the differing provision which may be called for in different cases to meet thoseneeds;
c
if the child is not currently attending a school and if advice obtained under subparagraph (b) is not advice from sucha person, from a person responsible for educational provision for him; and
d
if any of the child’s parents is a serving member of Her Majesty’s armed forces, from the Service Children’s Education Authority.
2
The advice sought as provided in paragraph (1) shall not be sought from any person who is not a qualified teacher within the meaning of section 218 of the Education Reform Act 1988 .
3
The advice sought from a head teacher as provided in paragraph (1)(a) shall, if the head teacher has not himself taught the child within the preceding 18 months, be advice given after consultation with a teacher who has so taught the child.
4
The advice sought from a head teacher as provided in paragraph (1)(a) shall include advice relating to the steps which have been taken by the school to identify and assess the special educational needs of the child and to make provisionfor the purpose of meeting those needs.
5
Where it appears to the authority, in consequence of medical advice or otherwise, that the child in question is —
a
hearing impaired, or
b
visually impaired, or
c
both hearing impaired and visually impaired,
and any person from whom advice is sought as provided in paragraph (1) is not qualified to teach pupils who are soimpaired then the advice sought shall be advice given after consultation with a person who is so qualified.
6
For the purposes of paragraph (5) a person shall be considered to be qualified to teach pupils who are hearing impaired or visually impaired or who are both hearing impaired and visually impaired if he is qualified to be employed at a school as a teacher of a class for pupils who are so impaired otherwise than to give instruction in a craft, trade, or domesticsubject.
7
Paragraphs (3) and (5) are without prejudice to regulation 6(3).
Medical advice
8
The advice referred to in paragraph 6(1)(c) shall be sought from the district health auhority, who shall obtain the advice from a fully registered medical practitioner.
Psychological advice
9
1
The psychological advice referred to in regulation 6(1)(d) shall be sought from a person —
a
regularly employed by the authority as an educational psychologist, or
b
engaged by the authority as an educational psychologist in the case in question.
2
The advice sought from a person as provided in paragraph (1) shall, if that person has reason to believe that another psychologist has relevant knowledge of, or information relating to, the child, be advice given after consultation withthat other psychologist.
3
Paragraph (2)
is without prejudice to regulation 6(3).
Matters to be taken into account in making an assessment
10
When making an assessment an authority shall take into consideration —
a
any representations made by the child’s parent under section 167(1)(d);
b
any evidence submitted by, or at the request of, the child’s parent under section 167(1)(d); and
c
the advice obtained under regulation 6.
Time limits
11
1
Where under section 167(1) the authority serve a notice on the child’s parent informing him that they propose to make an assessment of the child’s educational needs under section 167 they shall within 6 weeks of the dateof service of the notice give notice to the child’s parent —
a
under section 167(4) of their decision to make an assessment, and of their reasons for making that decision, or
b
under section 167(6) of their decision not to assess the educational needs of the child.
2
Where under section 174(2) the authority serve a notice on the child’s parent informing him that they propose E$to make an assessment of the child’s educational needs under section 167 they shall within 6 weeks of the date of service of the notice give notice to the child’s parent and to the governing body of the grant-maintained school which asked theauthority to make an assessment —
a
under section 174(5) of their decision to make an assessment and their reasons for making that decision, or
b
under section 174(6) of their decision not to assess the educational needs of the child.
3
Where under sections 172(2) or 173(1) a parent asks the authority to arrange for an assessment to be madeunder section 167 they shall within 6 weeks of the date of receipt of the request give notice to the child’s parent —
a
under section 167(4) of their decision to make an assessment, or
b
under section 172(3)(a) or 173(2)(a) respectively of their decision not to comply with the request and of the parent’s right to appeal to the Tribunal against the determination.
4
An authority need not comply with the time limits referred to in paragraphs (1) to (3) if it is impractical to do sobecause —
a
the authority have requested advice from the head teacher of a school during a period beginning one week before any date on which that school was closed for a continuous period of not less than 4 weeks from that date and ending one weekbefore the date on which it re-opens;
b
exceptional personal circumstances affect the child or his parent during the 6 week period referred to in paragraphs(1) to (3); or
c
the child or his parent are absent from the area of the authority for a continuous period of not less than 4 weeks duringthe 6 week period referred to in paragraphs (1) to (3).
5
Subject to pragraph (6), where under section 167(4) an authority have given notice to the child’s parent of their decision to make an assessment they shall complete that assessment within 10 weeks of the date on which such notice was given.
6
An authority need not comply with the time limit referred to in paragraph (5) if it is impractical to do so because —
a
in exceptional cases after receiving advice sought under regulation 6 it is necessary for the authority to seek further advice;
b
the child’s parent has indicated to the authority that he wishes to provide advice to the authority after the expiry of 6 weeks from the date on which a request for such advice under regulation 6(a) was received, and the authority have agreed to consider such advice before completing the assessment;
c
the authority have requested advice from the head teacher of a school under regulation 6(1)(b) during a period beginning one week before any date on which that school was closed for a continuous period of not less than 4 weeks from that date and ending one week before the date on which it re-opens;
d
the authority have requested advice from a district health authority or a social services authority under regulation 6(c) or (e) respectively and the district health authority or the social services authority have not complied with that request within 6 weeks from the date on which it was made;
e
exceptional personal circumstances affect the child or his parent during the 10 week period referred to in paragraph (5);
f
the child or his parent are absent from the area of the authority for a continuous period of not less than 4 weeks duringthe 10 week period referred to in paragraph (5); or
g
the child fails to keep an appointment for an examination or a test during the 10 week period referred to in paragraph(5).
7
Subject to paragraph (8), where an authority have requested advice from a district health authority or a social services authority under regulation 6(1)(c) or (e) respectively they shall comply with that request within 6 weeks of the dateon which they receive it.
8
A district health authority or a social services authority need not comply with the time limit referred to inparagraph (7) if it is impractical to do so because —
a
exceptional personal circumstances affect the child or his parent during the 6 week period referred to in paragraph (7);
b
the child or his parent are absent from the area of the authority for a continuous period of not less than 4 weeks duringthe 6 week period referred to in paragraph (7);
c
the child fails to keep an appointment for an examination or a test made by the district health authority or the social services authority respectively during the 6 week period referred to in paragraph (7); or
d
they have not before the date on which a copy of a notice has been served on them in accordance with regulation 5(1) or a notice has been served on them in accordance with regulation 5(3) produced or maintaied any information or recordsrelevant to the assessment of the child under section 167.
PART III
STATEMENTS
Notice accompanying a proposed statement
12
The notice which shall accompany a copy of a proposed statement served on the parent pursuant to paragraph 2 of Schedule 10 to the Act shall be in a form substantially corresponding to that set out in Part A of the Schedule and shall contain the information therein specified.
Statement of special educational needs
13
A statement of a child’s special educational needs made under section 168(1) shall be in a form substantially corresponding to that set out in Part B of the Schedule, shall contain the information therein specified, and shall be datedand authenticated by the signature of a duly authorised officer of the authority concerned.
Time limits
14
1
Where under section 167 an authority have made an assessment of the educational needs of a child for whom no statement is maintained they shall within two weeks of the date on which the assessment was completedeither —
a
serve a copy of a proposed statement and a written notice on the child’s parent under paragraph 2 of Schedule 10to the Act, or
b
give notice in writing to the child’s parent under section 169(1) that they have decided not to make a statement andthat he may appeal against that decision to the Tribunal.
2
Where under section 167 an authority have made an assessment of the educationalneeds of a child for whoma statement is maintained they shall within two weeks of the date on which the assessment was completed —
a
under paragraph 10(1) of Schedule 10 to the Act serve on the child’s parent a notice that they propose to amend the statement and of his right to make representations;
b
under paragraph 11(2) of Schedule 10 to the Act give notice to the child’s parent that they have determined to ceaseto maintain the statement and of his right of appeal to the Tribunal; or
c
serve on the child’s parent a notice which informs him that they have determined not to amend the statement and their reasons for that determination, which is accompanied by copies of the professional advice obtained during the assessment, and which informs the child’s parent that under section 170(1)(c) he may appeal to the Tribunal against the description in the statement of the authority’s assessment of the child’s special educational needs, the special educational provision specified in the statement or, if no school is named in the statement, that fact.
3
Subject to paragraph (4), where an authority have served a copy of a proposed statement on the child’s parent under paragraph 2 of Schedule 10 to the Act they shall within 8 weeks of the date on which the proposed statement was served serve a copy of the completed statement and a written notice on the child’s parent under prargraph 6 of that Schedule, or give notice to the child’s parent that they have decided not to make a statement.
4
The authority need not comply with the time limit referred to in paragraph (3) if it is impractical to do so because —
a
exceptional personal circumstances affect the child or his parent during the 8 week period referred to in paragraph (3);
b
the child or his parent are absent from the area of the authority for a continuous period of not less than 4 weeks duringthe 8 week period referred to in paragraph (3);
c
the child’s parent indicates that he wishes to make representations to the authority about the content of the statement under paragraph 4(1)(a) of Schedule 10 to the Act after the expiry of the 15 day period for making such representationsprovided for in paragraph 4(4) of that Schedule;
d
a meeting between the child’s parent and an officer of the authority has been held pursuant to paragraph 4(1)(b) of Schedule 10 to the Act and the child’s parent has required that another such meeting be arranged or under paragraph 4(2) of that Schedule has required a meeting with the appropriate person under to be arranged; or
e
the authority have sent a written request to the Secretary of State seeking his consent under section 189(5)(b) to the child being educated at an independent school which is not approved by him and such consent has not been received bythe authority within two weeks of the date on which the request was sent.
5
Where under paragraph 8(1) of Schedule 10 to the Act the child’s parent asks the authority to substitute for the name of a school or institution specified in a statement the name of another school specified by him and where the condition referred to in paragraph 8(1)(b) of that Schedule has been satisfied the authority shall within 8 weeks of the date on which the request was received either —
a
comply with the request; or
b
give notice to the child’s parent under paragraph 8(3) of that Schedule that they have determined not to comply withthe request and that he may appeal against that determination to the Tribunal.
6
Where under paragraph 10(1) of Schedule 10 to the Act an authority serve a notice on the child’s parent informing him of their proposal to amend a statement they shall not amend the statement after the expiry of 8 weeks fromthe date on which the notice was served.
7
Where under paragraph 11(2) of Schedule 10 to the Act an authority give notice to the child’s parent that they have determined to cease to maintain a statement they shall not cease to maintain the statement —
a
before the expiry of the prescribed period during which the parent may appeal to the Tribunal against the determination,or
b
after the expiry of 4 weeks from the end of that period.
Review of statement where child not aged 14 attends school
15
1
This regulation applies where —
a
an authority review a statement under section 172(5) other than on the making of an assessment,
b
the child concerned attends a school, and
c
regulation 16 does not apply.
2
The authority shall by notice in writing require the head teacher of the child’s school to submit a report to them under this regulation by a specified date not less than two months from the date the notice is given and shall send a copyof the notice to the child’s parent.
3
The head teacher shall for the purpose of preparing the report referred to in paragraph (2) seek advice as to thematters referred to in paagraph (4) from —
a
the child’s parent;
b
any person whose advice the authority consider appropriate for the purpose of arriving at a satisfactory report andwhom they specify in the notice referred to in paragraph (2), and
c
any person whose advice the head teacher considers appropriate for the purpose of arriving at a satisfactory report.
4
The advice referred to in paragraph (3) shall be written advice as to —
a
the child’s progress towards meeting the objectives specified in the statement;
b
the child’s progress towards attaining any targets established in furtherance of the objectives specified in the statement;
c
where the school is not established in a hospital and is a maintained, grant-maintained or grant-maintained special school, the application of the provisions of the National Curriculum to the child;
d
where the school is not established in a hospital and is a maintained, grant-maintained or grant-maintained special school, the application of any provisions substituted for the provisions of the National Curriculum in order to maintain a balanced and broadly based curriculum;
e
where appropriate, and in any case where a transition plan exists, any matters which are the appropriate subject of such a plan;
f
whether the statement continues to be appropriate;
g
any amendments to the statement which would be appropriate; and
h
whether the authority should cease to maintain the statement.
5
The notice referred to in paragraph (2) shall require the head teacher to invite the following persons to attenda meeting to be held on a date before the report referred to in that paragraph is submitted —
a
the representative of the authority specified in the notice,
b
the child’s parent,
c
a member or members of the staff of the school who teach the child or who are otherwise responsible for theprovision of education for the child whose attendance the head teacher considers appropriate,
d
any other person whose attendance the head teacher considers appropriate, and
e
any person whose attendance the authority consider appropriate and who is specified in the notice.
6
The head teacher shall not later than two weeks before the date on which a meeting referred to in paragraph (5) is to be held send to all the persons invited to that meeting copies of the advice he has received pursuant to his request under paragraph (3) and by written notice accompanying the copies shall request the recipients to submit to him before orat the meeting written comments on that advice and any other advice which they think appropriate.
7
The meeting referred to in paragraph (5) shall consider —
a
the matters referred to in paragraph (4); and
b
any significant changes in the child’s circumstances since the date on which the statement was made or last reviewed.
8
The meeting shall recommend —
a
any steps which it concludes ought to be taken, including whether the authority should amend or cease to maintain the statement,
b
any targets to be established in furtherance of the objectives specified in the statement which it concludes the child ought to meet during the period until the next review, and
c
where a transition plan exists, the matters which it concludes ought to be included in that plan. d
9
If the meeting cannot agree the recommendations to be made under paragraph (8) the persons who attended the meeting shall make differing recommendations as appears necessary to each of them.
10
The report to be submitted under paragraph (2) shall be completed after the meeting is held and shall include the head teacher’s assessment of the matters referred to in paragraph (7) and his recommendations as to the matters referred to in paragraph (8), and shall refer to any difference between his assessment and recommendations and those of the meeting.
11
When the head teacher submits his report to the authority under paragraph (2) he shall at the same time sendcopies to —
a
the child’s parent,
b
the persons from whom the head teacher sought advice under paragraph (3),
c
the persons who were invited to attend the meeting in accordance with paragraph (5),
d
any other person to whom the authority consider it appropriate that a copy be sent and to whom they direct him to send a copy, and
e
any other person to whom the head teacher considers it appropriate that a copy be sent.
12
The authority shall review the statement under section 172(5) in light of the report and any other information or advice which they consider relevant, shall make written recommendations as to the matters referred to in paragraph (8)(a) and (b) and, where a transition plan exists, shall amend the plan as they consider appropriate.
13
The authority shall within one week of completing the review under section 172(5) send copies of the recommendations and any transition plan referred to in paragraph (12) to —
a
the child’s parent;
b
the head teacher;
c
the persons from whom the head teacher sought advice under paragraph (3);
d
the persons who were invited to attend the meeting in accordance with paragraph (5), and
e
any other person to whom the authority consider it appropriate that a copy be sent.
Review of statement where child aged 14 attends school
16
1
This regulation applies where —
a
an authority review a statement under section 172(5) other than on the making of an assessment,
b
the child concerned attends a school, and
c
the review is the first review commenced after the child has attained the age of 14 years.
2
The authority shall for the purpose of preparing a report under this regulation by notice in writing require the head teacher of the child’s school to seek the advice referred to in regulation 15(4), including in all cases advice as to the matters referred to in regulation 15(4)(e), from —
a
the child’s parent,
b
any person whose advice the authority consider appropriate for the purpose of arriving at a satisfactory report and whom they specify in the notice referred to above, and
c
any person whose advice the head teacher considers appropriate for the purpose of arriving at a satisfactory report.
3
The authority shall invite the following persons to attend a meeting to be held on a date before the review referred to in paragraph (1) is required to be completed —
a
the child’s parent;
b
a member or members of the staff of the school who teach the child or who are otherwise responsible for the provision of education for the child whose attendance the head teacher considers appropriate and whom he has asked the authority to invite;
c
a representative of the social services authority;
d
a person providing careers services under sections 8 to 10 of the Employment and Training Act 1973 ;
e
any person whose attendance the head teacher considers appropriate and whom he has asked the authority to invite;and
f
any person whose attendance the authority consider appropriate.
4
The head teacher shall not later than two weeks before the date on which the meeting referred to in paragraph (3) is to be held serve on all the persons invited to attend that meeting copies of the advice he has received pursuant to his request under paragraph (2) and shall by written notice request the recipients to submit to him before or at the meetingwritten comments on that advice and any other advice which they think appropriate.
5
A representative of the authority shall attend the meeting.
6
The meeting shall consider the matters referred to in regulation 15(7), in all cases including the matters referred to in regulation 15(4)(e), and shall make recommendations in accordance with regulation 15(8) and (9), in all cases includingrecommendations as to the matters referred to in regulation 15(8)(c).
7
The report to be prepared by the authority under paragraph (2) shall be completed after the meeting, shall Ucontain the authority’s assessment of the matters required to be considered by the meeting and their recommendations as to the matters required to be recommended by it and shall refer to any difference between their assessment and recommendations and those of the meeting.
8
The authority shall within one week of the date on which the meeting was held send copies of the reportcompleted under paragraph (7) to —
a
the child’s parent;
b
the head teacher;
c
the persons fro whom the head teacher sought advice under paragraph (2);
d
the persons who were invited to attend the meeting under paragraph (3); and
e
any person to whom they consider it appropriate to send a copy.
9
The authority shall review the statement under section 172(5) in light of the report and any other information or advice which it considers relevant, shall make written recommendations as to the matters referred to in regulation 15(8)(a)and (b), and shall prepare a transition plan.
10
The authority shall within one week of completing the review under section 172(5) send copies of the recommendations and the transition plan referred to in paragraph (9) to the persons referred to in paragraph (8).
Review of statement where child does not attend school
17
1
This regulation applies where an authority review a statement under section 172(5) other than on the making of an assessment and the child concerned does not attend a school. 6$
2
The authority shall prepare a report addressing the matters referred to in regulation 15(4), including the matters referred to in regulation 15(4)(e) in any case where the review referred to in paragraph (1) is commenced after the child has attained the age of 14 years or older, and for that purpose shall seek advice on those matters from the child’s parent any other person whose advice they consider appropriate in the case in question for the purpose of arriving at a satisfactory report.
3
The authority shall invite the following persons to attend a meeting to be held on a date before the review referred to in paragraph (1) is required to be completed —
a
the child’s parent;
b
where the review referred to in paragraph (1) is the first review commenced after the child has attained the age of 14years, a representative of the social services authority;
c
where subparagraph (b) applies, a person providing careers services under sections 8 to 10 of the Employment andTraining Act 1973; and
d
any person or persons whose attendance the authority consider appropriate.
4
The authority shall not later than two weeks before the date on which the meeting referred to in paragraph (3) is to be held send to all the persons invited to that meeting a copy of the report which they propose to make under paragraph (2) and by written notice accompanying the copies shall request the recipients to submit to the authority writtencomments on the report and any other advice which they think appropriate.
5
A representative of the authority shall attend the meeting.
6
The meeting shall consider the matters referred to in regulation 15(7), including in any case where the review is commenced after the child has attained the age of 14 years the matters referred to in regulation 15(4)(e), and shall make recommendations in accordance with regulation 15(8) and (9), including in any case where the child has attained the age of14 years or older as aforesaid recommendations as to the matters referred to in regulation 15(8)(c).
7
The report prepared by the authority under paragraph (2) shall be completed after the meeting referred to in paragraph (3) is held, shall contain the authority’s assessment of the matters required to be considered by the meeting and their recommendations as to the matters required to be recommended by it, and shall refer to any difference between their assessment and recommendations and those of the meeting.
8
The authority shall within one week of the date on which the meeting referred to in paragraph (3) was held send copies of the report completed under paragraph (7) to —
a
the child’s parent;
b
the persons from whom they sought advice under paragraph (2);
c
the persons who were invited to attend the meeting under paragraph (3); and
d
any person to whom they consider it appropriate to send a copy.
9
The authority shall review the statement under section 172(5) in light of the report and any other information or advice which it considers relevant, shall make written recommendations as to the matters referred to in regulation 15(8)(a) and (b), in any case where the review is the first review commenced after the child has attained the age of 14 years preparea transition plan, and in any case where a transition plan exists amend the plan as they consider appropriate.
10
The authority shall within one week of completing the review under section 172(5) send copies of therecommendations and any transition plan referred to in paragraph (9) to the persons referred to in paragraph (8).
Transfer of statements
18
1
This regulation applies where a child in respect of whom a statement is maintained moves from the areaof the authority which maintains the statement (“the old authority”) into that of another (“the new authority”).
2
The old authority shall transfer the statement to the new authority, and from the date of the transfer —
a
the statement shall be treated for the purposes of the new authority’s duties and functions under Part III of the Actand these Regulations as if it had been made by the new authority on the date on which it was made by the old authority, and
b
where the new authority make an assessment under section 167 and the old authority have supplied the new authority with advice obtained in pursuance of a previous assessment regulation 6(5) shall apply as if the new authority had obtained the advice on the date on which the old authority obtained it.
3
The new authority shall within 6 weeks of the date of the transfer serve a notice on the child’s parent informing him —
a
that the statement has been transferred,
b
whether they proposed to make an assessment under section 167, and
c
when they propose to review the statement in accordance with paragraph (4).
4
The new authority shall review the statement under section 172(5) before the expiry of whichever of the following two periods expires later —
a
the period of twelve months beginning with the making of the statement, or as the case may be, with the previous review, or
b
the period of three months beginning with the date of the transfer.
5
Where by virtue of the transfer the new authority come under a duty to arrange the child’s attendance at a school specified in the statement but in light of the child’s move that attendance is no longer practicable the new authority may arrange for the child’s attendance at another school appropriate for the child until such time as it is possible to amendthe statement in accordance with paragraph 10 of Schedule 10 to the Act.
Restriction on disclosure of statements
19
1
Subject to the provisions of the Act and of these Regulations, a statement in respect of a child shall notbe disclosed without the parent’s consent except —
a
to persons to whom, in the opinion of the authority concerned, the statement should be disclosed in the interests ofthe child;
b
for the purposes of any appeal under the Act;
c
for the purposes of educational research which, in the opinion of the authority, may advance the education of children with special educational needs, if, but only if, the person engaged in that research undertakes not to publish anything contained in, or derived from, a statement otherwise than in a form which does not identify any individual concernedincluding, in particular, the child concerned and his parent;
d
on the order of any court or for the purposes of any criminal proceedings;
e
for the purposes of any investigation under Part III of the Local Government Act 1974 (investigation of maladministration) ;
f
to the Secretary of State when he requests such disclosure for the purposes of deciding whether to give directions or make an order under section 68 or 99 of the Education Act 1944 ;
g
for the purposes of an assessment of the needs of the child with respect to the provision of any statutory services for him being carried out by officers of a social services authority by virtue of arrangements made under section 5(5) of the Disabled Persons (Services, Consultation and Representation) Act 1986 ;
h
for the purposes of a local authority in the performance of their duties under sections 22(3)(a), 85(4)(a), 86(3)(a) and 87(3) of the Children Act 1989 ; or
i
to one of Her Majesty’s Inspectors of Schools, or to a registered inspector or a member of an inspection team, who requests the right to inspect or take copies of a statement in accordance with section 3(3) of or paragraph 7 of Schedule 2 to the Education (Schools) Act 1992 respectively.
2
The arrangements for keeping such statements shall be such as to ensure, so far as is reasonably practicable, that unauthorised persons do not have access to them.
3
In this regulation any reference to a statement includes a reference to any representations, evidence, advice or information which is set out in the appendices to a statement.
PART IV
REVOCATION AND TRANSITIONAL PROVISIONS
Revocation of the 1983 Regulations
20
Subject to regulation 21, the 1983 Regulations, the Education (Special Educational Needs) (Amendment) Regulations 1988 and the Education (Special Educational Needs) (Amendment) Regulations 1990 are hereby revoked.
Transitioal provisions
21
1
Subject to the following provisions of this regulation references in these Regulations to anything done under the Act or these Regulations shall be read in relation to the times, circumstances or purposes in relation to which a corresponding provision of the 1981 Act or the 1983 Regulations had effect and so far as the nature of the reference permits as including a reference to that corresponding provision.
2
Regulations 3 to 8 of the 1983 Regulations shall continue to apply in relation to any assessment where before 1st September 1994 in pursuance of section 5(5) of the 1981 Act
3
Where regulations 3 to 8 of the 1983 Regulations continue to apply in relation to any assessment but the authority have not before 1st January 1995 —
a
notified the parent of their decision that they are not required to determine the special educational provision of the child in accordance with section 5(7) of the 1981 Act, or
b
served on the parent a copy of a proposed statement in accordance with section 7(3) of the 1981 Act
Part II of these Regulations shall apply in relation to the assessment from 1st January 1995 as if on that date the authority had given notice to the parent under section 167(4) of their decision to make an assessment.
4
Where in accordance with paragraph (3) above Part II of these Regulations applies in relation to an assessment the authority shall obtain advice in accordance with Part II, but advice obtained in accordance with the 1983 Regulations shall be considered to have been obtained under Part II if such advice is appropriate for the purpose of arriving at a satisfactoryassessment under that Part.
5
Where before 1st September 1994 in accordance with section 5(3) of the 1981 Act the authority have served notice on the child’s parent that they propose to make an assessment but they have not before that date notified the parent under section 5(5) of the 1981 Act that they have decided to make the assessment or notified them that they have decided not to make the assessment, the authority shall decide whether or not to make the assessment in accordance with section 167 and not later than 13th October 1994 give notice to the child’s parent —
a
under section 167(4) of their decision to make an assessment, and of their reasons for making that decision, or
b
under section 167(6) of their decision not to assess the educational needs of the child,
and Part II of these Regulations shall apply to any such assessment.
6
Where before 1st September 1994 in accordance with section 9 of the 1981 Act a parent has asked the authority to arrange for an assessment to be made of the child’s educational needs but the authority have not before that date notified the parent under section 5(5) of the 1981 Act that they have decided to make the assessment or notified them that they have decided not to make the assessment, the authority shall decide whether or not to make the assessment inaccordance with section 167 and not later than 13th October 1994 give notice to the child’s parent —
a
under section 167(4) of their decision to make an assessment, or
b
under section 172(3)(a) or 173(2)(a) of their decision not to comply with the request and of the parent’s right toappeal to the Tribunal against the determination,
and Part II of these Regulations shall apply to any such assessment.
7
Regulation 10 of the 1983 Regulations shall continue to apply to the making of any statement where before 1st FJanuary 1995 the authority have served on the parent a copy of a proposed statement in accordance with section 7(3) ofthe 1981 Act, and regulations 12, 13 and 14(1) to (4) of these Regulations shall not apply to making of any such statement.
8
Regulation 14(6)
and (7) shall not apply in relation to a proposal to amend or cease to maintain a statement where an authority serve a notice under paragraph 6 of Schedule 1 to the 1981 Act before 1st September 1994.
9
Regulations 5 to 17 shall not apply to any review of a statement which is required to be completed before 1st December 1994.
10
Regulations 15 to 17 shall apply to a review of a statement which is not required to be completed before 1st December 1994, but where the statement was made under the 1981 Act they shall apply with any necessary modifications, including the following:
a
where the review is the first review commenced after 1st September 1994 —
i
the authority shall seek advice as to the objectives which the special educational provision for the child shouldmeet rather than as to the child’s progress towards meeting the objectives specified in the statement;
ii
the authority shall seek advice as to the targets which should be established in furtherance of those objectivesrather than as to the child’s progress towards attaining any such targets;
iii
where the child has attained the age of 14 years before the date on which the review is commenced theauthority shall in any event seek advice as to any matters which are the appropriate subject of a transition plan;
iv
the meeting held in accordance with regulation 15(7), 16(6) or 17(6) shall consider the matters referred to in those regulations as modified by subparagraphs (i) to (iii) above as appropriate, and shall make recommendations under regulation 15(8), 16(7) or 17(7) but including recommendations as to the objectives referred to in subparagraph (i), the targets referred to in subparagraph (ii) and where appropriate the transition plan referred to in paragraph (iii); and
v
the authority shall review the statement in accordance with regulation 15(12), 16(9) or 17(9), shall makerecommendations as to the matters referred to in those regulations read in light of the modifications in this subparagraph, shall prepare a transition plan where subparagraph (iii) above applies, and shall in any event specify the objectives referred to in subparagraph (i) above;
and
b
where the review is not the first review commenced after 1st September 1994 any reference to objectives shall includea reference to objectives specified in accordance with subparagraph (a)(v) above in addition to objectives specified in astatement.
11
Subject to paragraphs (12) and (13), regulation 12 of the 1983 Regulations shall continue to apply in relation to a transfer on a date before 1st September 1994, and regulation 18 of these Regulations shall not apply in relation to sucha transfer.
12
Notwithstanding paragraph (11), where a statement has been transferred on a date before 1st September 1994and the new authority has not before that date either —
a
in pursuance of section 5(3) of the 1981 Act served a notice on the child’s parent that they propose to make an assessment, or
b
in pursuance of regulation 12(4) of the 1983 Regulations notified the child’s parent that they do not propose to make an assessment,
they shall comply with regulation 18(3) of these Regulations before 13th October 1994.
13
Notwithstanding paragraph (11), where a statement has been transferred on a date before 1st September 1994 the new authority shall review the statement under section 172(5) before the expiry of whichever of the following two periods expires later —
a
the period of twelve months beginning with the making of the statement, or as the case may be, with the previousreview, or
b
the period ending on 30th November 1994.
14
Regulation 11 of the 1983 Regulations shall not apply to statements made before or after 1st September 1994 and regulation 19 of these Regulations shall apply, except that a statement may be disclosed for the purposes of any appeal under section 8 of the 1981 Act as well as for the purposes of any appeal under the Act.


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Vehicle Licences (Duration of First Licences and Rate of Duty) (Amendment) Order 1994 and shall come into force on 1st January 1995.
Revocation
2
The Vehicle Licences (Duration of First Licences and Rate of Duty) (Northern Ireland) Order 1986 is hereby revoked.
Amendment of 1986 Order
3
1
The Vehicle Licences (Duration of First Licences and Rate of Duty) Order 1986 shall be amended as follows.
2
The following article shall be inserted after article 1 —
Extent
1A
This Order shall extend to England, Wales, Scotland and Northern Ireland.
3
In article 2 —
a
for the words “the Vehicles (Excise) Act 1971” in paragraph (1) there shall “the Vehicle Excise and Registration Act 1994 (“the 1994 ”)”;
b
for the words “section 13 of the Act of 1971” in paragraph (2)(a) there shall be substituted “section 9 of the 1994 Act ”;
c
the word “or” immediately following paragraph (2)(a) shall be omitted; and
d
paragraph (2)(b) shall be omitted.
4
In article 3(1)(b) for “£35” there shall be substituted “£50”.
5
The following paragraph shall be substituted for paragraph (a) of article 4 —
a
an amount ascertained in accordance with section 4 of the 1994 Act;
.
6
The first two lines of numbers given in the table in the Schedule shall be revised as follows —
0 150 8.50 6.00 3.50 151 300 16.00 11.00 6.00
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
5th December 1994


text:
Citation and commencement
1
These Regulations may be cited as the Ministry of Defence Police (Police Committee) (Amendment) Regulations 1994 and shall come into force on 12th May 1994.
Amendments to the Ministry of Defence Police (Police Committee) Regulations 1988
2
1
The Ministry of Defence Police (Police Committee) Regulations 1988 shall be amended as follows.
2
In regulation 3 —
a
for the words “Director General of Security for the Royal Air Force” there shall be substituted the words “Assistant Chief of the Air Staff”
b
for the words “Assistant Under Secretary at the Ministry of Defence responsible for research and development establishments and research administration” there shall be substituted the words “Assistant Chief of the Defence Staff (Operations and Security)”.
Malcolm Rifkind
Secretary of State for Defence
12th April 1994


text:
1
1
This Order may be cited as the European Parliamentary Elections (Returning Officers) (England and Wales) Order 1994.
2
This Order shall come into force at the first general election of representatives to the European Parliament held after section 1 of the European Parliamentary Elections Act 1993 comes into force, except that for the purpose of all proceedings preliminary or relating to that election this Order shall come into force when the said section 1 comes into force.
3
For the purposes of paragraph (2) above, section 1 of the said Act of 1993 shall not be regarded as having come into force until it has come into force for all purposes or all remaining purposes, as the case may be.
4
In this Order, a reference to a parliamentary constituency or to a European Parliamentary constituency is a reference to such a constituency as it is for the time being.
2
In England and Wales, the returning officer for a European Parliamentary election in the European Parliamentary constituency specified in column 1 of the Schedule to this Order shall be the returning officer for a parliamentary election for the parliamentary consituency specified opposite thereto in column 2 of that Schedule.
3
The European Parliamentary Elections (Returning Officers) (England and Wales) Order 1984 is hereby revoked.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
21st March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Premier Health National Health Service Trust (Establishment) Order 1994 and shall come into force on 1st April 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 1st April 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Premier 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 Premier 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 from IMEX, Shobnall Road, Burton-on-Trent, Staffordshire DE14 2AU and associated hospitals;
b
to manage community health services provided from IMEX, Shobnall Road, Burton-on-Trent, Staffordshire DE14 2AU and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and5 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.
Assistance by health authorities before operational date
7
1
The South East Staffordshire 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 East Staffordshire 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 East Staffordshire 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
31st January 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Churchill John Radcliffe National Health Service Trust (Change of Name) Order 1994 and shall come into force on 11th March 1994.
2
In this Order unless the context otherwise requires —
“ the Order ” means the Churchill John Radcliffe National Health Service Trust (Establishment) Order 1993 ;
“ the Trust ” means the National Health Service trust established by the Order.
Change of Name of NHS trust
2
The Trust shall be called the Oxford Radcliffe Hospital National Health Service Trust instead of the Churchill John Radcliffe National Health Service Trust and accordingly, in the definition of “the Trust” in article 1(2) and in article 2 of the Order, for the words “Churchill John Radcliffe” there shall be substituted “Oxford Radcliffe Hospital”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person;
b
be taken as invalidating any instrument (whether made before or after this Order comes into force) which refers to the Trust by its previous name,
and all documents or instruments which refer to the Trust by its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
1st March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Hampshire Hospitals National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North Hampshire Hospitals 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 North Hampshire Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at Basingstoke District Hospital, Aldermaston Road, Basingstoke, Hampshire RG24 9NA and associated hospitals.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non–executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Basingstoke and North Hampshire Health Authority shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Basingstoke and North Hampshire 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 Basingstoke and North Hampshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Cumberlege
Parliamentary Under Secretary of State
Department of Health
28th January 1994


text:
Citation and commencement
1
These Regulations may be cited as the Compulsory Purchase of Land Regulations 1994, and shall come into force on 1st October 1994.
Interpretation
2
In these Regulations —
“ the Act ” means the Acquisition of Land Act 1981;
“clearance compulsory purchase order” means a compulsory purchase order made pursuant to section 290 of the Housing Act 1985 ;
“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“the Planning Act ” means the Town and Country Planning Act 1990 ;
and any reference to a numbered form is a reference to the form bearing that number in the Schedule hereto, or a form adapted therefrom as required to meet the circumstances of a particular case, or to a form substantially to the like effect as that form, whether adapted or not.
Prescribed forms in connection with compulsory purchase orders
3
The prescribed forms in relation to the provisions of the Act mentioned below are as follows —
a
for the purposes of section 10, the form of compulsory purchase order (other than a clearance compulsory purchase order) shall be —
i
Form 1; or
ii
if the order provides for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3 (commons, open spaces etc. ), Form 2; or
iii
if the order does not provide for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3, but provides for discharging the land purchased from rights, trusts and incidents pursuant to that section or paragraph, Form 3;
b
for the purposes of section 10, the form of a clearance compulsory purchase order shall be —
i
Form 4; or
ii
if the order provides for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3 (commons, open spaces etc.), Form 5; or
iii
if the order does not provide for the vesting of land given in exchange pursuant to section 19 or paragraph 6 of Schedule 3, but provides for discharging the land purchased from rights, trusts and incidents pursuant to that section or paragraph, Form 6;
c
for the purposes of section 11(1) and paragraph 2(1) of Schedule 1, the form of newspaper notice shall be Form 7;
d
subject to regulation 4 below, for the purposes of section 12(1) and paragraph 3(1) of Schedule 1, the form of notice to owners, lessees and occupiers shall be Form 8, or if the order is made on behalf of a council, Form 9;
e
for the purposes of section 15 and paragraph 6 of Schedule 1, the form of notice of making (in the case of an order made by a Minister) or notice of confirmation of a compulsory purchase order in the case of an order confirmed by a Minister shall be Form 10;
f
for the purposes of section 22 and paragraph 9 of Schedule 3, the form of newspaper notice stating that a certificate has been given under section 16 or 19 of, or paragraph 3 or 6 of Schedule 3 to, the Act shall be Form 11.
Additional provisions with respect to listed buildings
4
Where a compulsory purchase order is made under section 47 of the Listed Buildings Act (compulsory acquisition of listed buildings in need of repair), there shall be included in Form 8, after the end of paragraph 2, the additional paragraphs set out after the notes to that Form, as follows —
a
the additional paragraph numbered 3 shall be included in every case;
b
the additional paragraph numbered 4 shall be included in any case where the notice is required by section 50(3) of the Listed Buildings Act (minimum compensation in the case of a building deliberately left derelict) to include a statement that the authority or Minister has included a direction for minimum compensation;
c
the additional paragraph numbered 5 shall be included in every case;
and the remaining paragraphs shall be re-numbered as necessary.
Revocation
5
The Compulsory Purchase of Land Regulations 1990 are hereby revoked.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
5th August 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
11th August 1994


text:
1
This Order may be cited as the A1 Trunk Road (Wetherby to Kirk Deighton New Junction and Connecting Roads) Order 1994 and shall come into force on 21st October 1994.
2
In this Order:
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order.
ii
“the new trunk roads” means the main new road and the slip roads;
iii
“the deposited plan” means the plan numbered HA10/YHCPD62, marked “The A1 Trunk Road (Wetherby to Kirk Deighton New Junction and Connecting Roads) Order 1994”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and
iv
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 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 main new road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk 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 new trunk 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 the 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.
R. R. Bineham
Deputy Director, Yorkshire and Humberside, Construction Programme Division
22nd September 1994


text:
Citation, commencement and extent
1
These Regulations may be cited as the Habitat (Salt-Marsh) Regulations 1994, shall come into force on 6th June 1994 and shall apply to England.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming, livestock breeding and keeping and freshwater fish farming, the use of land as grazing land, meadow land, osier land, reed beds, market gardens and nursery grounds, and “agricultural” shall be construed accordingly;
“application” means an application for aid under regulation 4 and “applicant” shall be construed accordingly;
“arable land” includes ley grassland;
“beneficiary” means a person whose application has been accepted;
“coastal defence authority” means the National Rivers Authority, an internal drainage board or any other body having power to undertake or maintain works for the defence of land against sea water, or a coast protection authority or sea defence commissioners within the meaning of the Coast Protection Act 1949 ;
“eligible land” means an area of arable land or permanent grassland of not less than one hectare which —
is situated adjacent to the coast, and
in the opinion of the Minister is suitable for the establishment of salt-marsh vegetation;
“eligible person” means a person who on the date of the submission of his application occupies eligible land as an owner or tenant;
“holding” means land which is occupied as a unit for agricultural purposes;
“landlord” means, in relation to a tenant of any land, any person who either solely or jointly owns or has a superior tenancy of that land;
“managed land” means the area of land in relation to which a beneficiary has assumed management obligations;
“management obligations” means the obligations assumed by a beneficiary by virtue of the undertakings referred to in regulation 3 or 6;
“management period”, in relation to an application accepted by the Minister, means the period of 20 consecutive years commencing on a date agreed by the Minister and the beneficiary;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“permanent grassland” means agricultural land on which the vegetation consists primarily of grass species and which has not been ploughed or re-seeded for at least five years;
“tenant” means a person who occupies land —
under an agreement for the letting of land for a tenancy from year to year;
under an agreement which has effect by virtue of section 2(1) or 3(1) of the Agricultural Holdings Act 1986 as an agreement for the letting of land for a tenancy from year to year; or
under a contract of tenancy for a fixed term of years of which at least 20 years remain unexpired at the commencement of the management period.
2
Any reference in these Regulations to a numbered regulation or “the Schedule” shall be construed as a reference to the regulation so numbered in these Regulations or the Schedule to these Regulations.
Aid for establishment of salt-marshes
3
Subject to the provisions of these Regulations, the Minister may make payments of aid to any eligible person who undertakes for the duration of the management period —
a
not to use an area of eligible land for agricultural production; and
b
to manage that land with the objective of establishing an area of salt-marsh in accordance with the requirements set out in the Schedule.
Applications for aid
4
An application for aid under these Regulations shall be made in such form as the Minister reasonably may require and shall include —
a
a map of the area of eligible land in respect of which the applicant proposes to assume management obligations;
b
a description of the use or uses of that land; and
c
if required by the Minister, evidence showing the nature of the applicant’s estate or interest in that land.
Restrictions on acceptance of applications
5
1
The Minister shall not accept an application in relation to any land unless, after consultation with the relevant coastal defence authority or authorities, she is satisfied that the establishment of salt-marsh, including any associated setting back inland of coastal defences on or adjacent to that land, is consistent with the provision of effective and sustainable coastal defence.
2
The Minister shall not accept an application in relation to any land which is occupied by a tenant unless she is satisfied that the tenant has obtained the consent in writing of the landlord of that land to the making of the application.
3
The Minister may refuse to accept an application in relation to any land where she is satisfied that —
a
the management of that land with the objective of establishing an area of salt-marsh would frustrate the purposes of any assistance previously given or to be given out of money provided by Parliament or the European Community; or
b
the payment of aid under these Regulations in relation to that land would duplicate any assistance given or to be given out of money provided by Parliament or by the European Community.
Change of occupation
6
1
Where, during the course of the management period, there is a change of occupation of the entirety or any part of a beneficiary’s land which is subject to management obligations by reason of the devolution of that land or part on the death of the beneficiary, or otherwise —
a
the beneficiary (or, if he has died, his personal representatives) shall notify the Minister in writing of the change of occupation within three months of its occurrence and shall supply to the Minister such information relating to that change of occupation in such form and within such period as the Minister reasonably may determine;
b
the new occupier of that land or part may give an undertaking to the Minister to comply with the management obligations relating to that land or part for the remainder of the management period.
2
The Minister shall not accept an undertaking referred to in paragraph (1)(b) above unless she is satisfied that the new occupier occupies the land or part as an owner or tenant or as the personal representative of the original occupier.
3
A new occupier who gives an undertaking to comply with the management obligations assumed by the original occupier shall supply to the Minister such information in such form and within such period following the change of occupation as the Minister may reasonably determine.
4
Where the Minister has accepted an undertaking from a new occupier to comply with the management obligations undertaken by the original occupier —
a
the new occupier shall be deemed to be a beneficiary and, subject to paragraph 5 below, shall be entitled to payments of aid in place of the original occupier for the remainder of the management period; and
b
his undertaking to comply with those management obligations shall be deemed to take effect on the date of the acceptance by the Minister of that undertaking.
5
Where there is a change of occupation of part of the land subject to management obligations, the new occupier shall be entitled to payments of aid in the same proportion as the area of such land occupied by him bears to the area of such land occupied by the original occupier prior to the change of occupation.
6
Where within three months of the date of change of occupation a new occupier has not given an undertaking to comply with the management obligations assumed by the original occupier, the Minister may —
a
withhold the whole or any part of any payments due to the original occupier; and
b
recover from that original occupier or his personal representatives the whole or any part of any payments of aid already made to him.
7
Paragraph (6) above shall not apply where the change of occupation of the entirety or any part of a beneficiary’s land which is subject to management obligations is the result of —
a
the compulsory purchase of that land or part;
b
the death of the original occupier, and
i
that original occupier occupied that land or part as a tenant; and
ii
following the death of that original occupier the tenancy or lease under which he occupied that land or part was terminated by the landlord; or
c
the termination of a tenancy following the operation of a notice to quit to which the Agricultural Land Tribunal has consented under section 26(1) of the Agricultural Holdings Act 1986 having been satisfied as to any of the matters specified in section 27(3) of that Act, or the termination of a tenancy following the service of a notice to quit stating that the circumstances in Case A, B, G or H of Schedule 3 to that Act apply.
Amounts and payment of aid
7
Subject to the provisions of these Regulations, payments of aid shall be made annually at a rate of —
a
£525 per hectare of managed land where that land was arable land at the start of the management period, or
b
£195 per hectare of managed land where that land was permanent grassland at the start of the management period.
Claims for aid
8
Any claim for the payment of aid under these Regulations shall be made at such time and in such form and shall contain such information as the Minister reasonably may require.
Obligation to permit entry and inspection
9
1
A beneficiary shall permit any person duly authorised by the Minister, accompanied by such persons acting under her instructions as appear to the authorised person to be necessary for the purpose, at all reasonable times and on production of his authority on demand, to enter upon that beneficiary’s holding in order to inspect any land, document or record with a view to verifying —
a
the accuracy of any particulars given in any application or claim under regulation 8 or in any undertaking given by a new occupier pursuant to regulation 6(1)(b); and
b
compliance with the management obligations.
2
A beneficiary shall render all reasonable assistance to the authorised person in relation to the matters mentioned in paragraph (1) above, and in particular shall —
a
produce such document or record as may be required by that person for inspection; and
b
at the request of that person, accompany him in making the inspection of any land and shall identify any area of land which is concerned in any application or claim or in any undertaking given by a new occupier to comply with the management obligations undertaken by the original occupier.
Withholding and recovery of aid and termination
10
1
Where any person, with a view to obtaining the payment of aid under these Regulations to himself or any other person, makes any statement or furnishes any information which is false or misleading in a material respect, the Minister may withhold the whole or any part of any aid payable to that person or to such other person and may recover the whole or any part of any aid already paid to that person or to such other person.
2
Where a beneficiary —
a
fails to comply with any of the management obligations;
b
fails without reasonable excuse to permit entry and inspection by an authorised person or to render all reasonable assistance to such authorised person as required by regulation 9; or
c
fails without reasonable excuse to comply with any other requirement of these Regulations,
the Minister may withhold the whole or any part of any aid payable to that beneficiary and may recover the whole or any part of any aid already paid to him.
3
Where the Minister withholds or recovers aid under paragraph (1) or (2) above, she may also treat as terminated the undertakings given by the beneficiary under these Regulations.
4
Before withholding or recovering any aid under paragraph 2(a) above, the Minister shall —
a
give to the beneficiary a written explanation of the reasons for the proposed withholding or recovery;
b
afford the beneficiary an opportunity of appearing before and being heard by a person appointed for that purpose by the Minister; and
c
consider the report of the person so appointed and supply a copy of the report to the beneficiary.
False statements
11
If any person, for the purposes of obtaining for himself or any other person any aid under these Regulations, knowingly or recklessly makes a statement which is false in a material particular, that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
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
12th May 1994.


text:
Citation and Commencement
1
This Order may be cited as the Shetland Islands Council Harbour Revision Order 1994 and shall come into force on 1st December 1994.
Repeal
2
Section 68 of the Zetland County Council Act 1974 (Harbour Advisory Committee) is hereby repealed.
Signed by authority of the Secretary of State for Transport
J. D. Henes
An Under Secretary in the
Department of Transport
2nd November 1994


text:
Citation, commencement and interpretation.
1
1
This Order may be cited as the West London Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 15th June 1994.
2
In this Order —
“the Authority” means the Ealing, Hammersmith and Hounslow Health Authority;
“the Trust” means the West London Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 17th March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 15th June 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
18th May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Aylesbury Vale Community Healthcare National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th August 1994.
2
In this Order–
“the Authority” means the Buckinghamshire Health Authority;
“the Trust” means the Aylesbury Vale Community Healthcare National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 17th March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th August 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
15th July 1994


text:
1
These Regulations may be cited as the Enrolment of Deeds (Fees) Regulations 1994 and shall come into force on 1st April 1994.
2
These Regulations provide for the fees to be taken on or in connection with the enrolment of any deed in the Central Office (Enrolment Department) of the Supreme Court.
3
The fees set out in column 2 of the Schedule to these Regulations shall be taken in the circumstances described in column 1 of that Schedule.
4
These Regulations do not apply to deeds filed in the Queen’s Remembrancer’s Department.
5
In these Regulations the expression “deed” includes an assurance or other instrument or document.
6
Where the enrolment of a deed poll (within the meaning of the Enrolment of Deeds (Change of Name) Regulations 1994 ) is to be advertised in the London Gazette in accordance with those Regulations, the cost of the advertisement shall be borne by the person seeking to enrol the deed poll and shall be paid by him at the time when the deed poll is enrolled to the clerk in charge of the Filing and Record Department of the Central Office of the Supreme Court.
7
The Enrolment of Deeds (Fees) Regulations 1922 and the Enrolment of Deeds (Fees) (Amendment) Regulations 1951 are hereby revoked except in respect of any fee due before the Regulations come into force.
Mackay of Clashfern, C.
Dated 3rd March 1994
I concur,
T. H. Bingham, M.R.
Dated 3rd March 1994
We concur,
Irvine Patnick
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 7th March 1994


text:
1
This Order shall come into force on 14th April 1994 and may be cited as the A30 Trunk Road (Honiton to Exeter Improvement) (Detrunking) Order 1994.
2
Those lengths of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as classified road as from the date on which the Secretary of State notifies the County Council of Devon that the new trunk roads are open for through traffic.
3
In this Order
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purpose of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/2/SWM86, marked The A30 Trunk Road (Honiton to Exeter Improvement) (Detrunking) Order 1994 — , signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk roads” means the highways mentioned in article 1 of the A30 Trunk Road (Honiton to Exeter Improvement and Slip Roads) Order 1994 ; and
iv
“the trunk road” means the A30 Trunk Road.
Signed by authority ofthe Secretary of State for Transport
S. T. McQuillin
Regional Director South West Region
Department of Transport
30th March 1994