text:
PART I
PRELIMINARY
Title and Commencement
1.1
These Regulations may be cited as the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 and shall come into force on 31st March 1995.
Interpretation
1.2
In these Regulations —
“additional voluntary contributions” means any contributions by a member of the scheme constituted under Part I of the 1993 Act or an existing scheme over and above those contributions towards the cost of providing surviving spouse’s and children’s benefits which are required as a condition of membership (whether made by deductions from salary or from a lump sum on death or retirement);
“ AVC scheme” means a judicial pension scheme other than a FSAVC scheme providing for the purchase of benefits additional to those provided by the scheme constituted under Part I of the 1993 Act or an existing scheme by means of additional voluntary contributions;
“approved scheme” means a retirement benefits scheme approved under Chapter I, Part XIV of the 1988 Act , or such other legislation as may be in force from time to time in respect of such approval;
“assumed retirement age” means the age, being between the years of 60 and the member’s compulsory retirement age, which a member to whom regulation 2.2(1)(a) applies shall, from time to time, have notified the administrators in writing as being the age at which he intends to retire;
“authorised provider” has the meaning given to it in section 10(8);
“death benefit” means a lump sum payable on the death of a member;
“existing scheme” means a judicial pension scheme other than that constituted by the 1993 Act and which is not a voluntary contributions scheme;
“FSAVC scheme” means a retirement benefits scheme approved under section 591(2)(h) of the 1988 Act established by a pension provider other than the administrators of a judicial pension scheme and to which only the member contributes.
“Index”, at any time, means the index of retail prices published by the Central Statistical Office of the Chancellor of the Exchequer, or any successor agreed as appropriate by the Board of Inland Revenue, for the calendar month three months prior to that time;
“leading scheme” and “main scheme” shall have the meanings given to them in regulation 2 of the 1993 Regulations ;
“normal pension age”, in relation to a member, means the age at which the member would be able to retire from his existing scheme with a pension immediately payable.
“ PCSPS ” means the Principal Civil Service Pension Scheme established under section 1 of the Superannuation Act 1972 ;
“retirement benefits scheme” has the meaning given to it in section 611 of the 1988 Act;
“the 1988 Act” means the Income and Corporation Taxes Act 1988 ;
“the 1993 Act” means the Judicial Pensions and Retirement Act 1993, and any reference to a Part or section by number alone shall be construed as a reference to the Part or section so numbered in that Act;
“the 1993 Regulations” means the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Additional Voluntary Contributions) Regulations 1993 ;
“qualifying judicial office” means any office for the time being specified in Schedule 1 to the 1993 Act and references to a person holding qualifying judicial office shall be construed in accordance with section 1(6);
“retained death benefits” has the meaning given to it in regulation 2.4.
“voluntary contributions scheme” means an FSAVC scheme or an AVC scheme.
PART II
JUDICIAL ADDITIONAL VOLUNTARY CONTRIBUTIONS SCHEME
Interpretation and application
2.1
1
In this Part —
“aggregated retirement benefit” shall mean the total amount of all benefits, other than retained benefits, that may be paid to a retired member including the pension equivalent of any lump sum.
“final salary” means the amount of salary received in the twelve months prior to the date of leaving qualifying judicial office that has been assessed for tax under Schedule E under Part V of the 1988 Act.
“the scheme” means the Judicial Additional Voluntary Contributions Scheme constituted by this Part.
2
The scheme shall be administered in accordance with the regulations set out in this Part.
3
The administrators of the scheme shall be the administrators of the pension scheme constituted under Part I of the 1993 Act or the administrators of an existing scheme as appropriate.
4
The pension equivalent of a lump sum shall be calculated by dividing the cash value of the lump sum by 12.
Membership
2.2
1
Membership of the scheme shall be open to —
a
persons to whom Part I of the 1993 Act applies; and
b
persons who hold qualifying judicial office on the appointed day, and who held such office at any time before that day but to whom Part I of the Act does not apply except —
i
persons to whom Part I does not apply because the person has made an election under section 13 or under the corresponding provisions (as defined in section 13(9));
ii
the Chief or any other Immigration Adjudicator under the Immigration Act 1971 ;
iii
any of the officers from time to time specified in column 1 of Schedule 3 to the Judicature (Northern Ireland) Act 1978 ;
iv
any officer who belongs to a pension scheme constituted under the County Courts Act (Northern Ireland) 1959 , the Resident Magistrates' Pensions Act (Northern Ireland) 1960 or the Judicial Pensions Act (Northern Ireland) 1951 ;
v
any officer who is a member of the PCSPS, including any person who has made an election under paragraph 3 of Schedule 1 to the Judicial Pensions Act 1981;
vi
A Commissioner for the special purposes of the Income and Corporation Taxes Acts appointed under section 4 of the Taxes Management Act 1970 appointed before 1st January 1985.
2
Application for membership of the scheme shall be made in writing to the administrators.
3
Members who fall within paragraph (1)(a) above shall notify the administrators in their application of their assumed retirement age.
Retained benefits
2.3
1
The administrators shall require any person who is, or who wishes to become a member of the scheme, to provide such information as the administrators may require, concerning any retained benefits (but not retained death benefits) that that person may have which are derived from the following —
a
a retirement benefits scheme which has been approved or for which approval is sought under Chapter I Part XIV of the 1988 Act;
b
a relevant statutory scheme as defined by section 611A of the 1988 Act;
c
a fund to which section 608 of the 1988 Act applies;
d
a retirement benefits scheme which has been accepted by the Inland Revenue as corresponding within the meaning of section 596(2)(b) of the 1988 Act;
e
i
a retirement annuity or trust scheme approved under section 620 of the 1988 Act; or
ii
a personal pension scheme (as defined by section 630 of the 1988 Act) approved under section 631 of the 1988 Act (other than an arrangement to which only minimum contributions are paid)
which related to relevant earnings from the current employment or previous employments;
f
transfer payments from an overseas scheme held in a type of arrangement defined in (a), (b) or (e) above,
including such benefits which have been transferred to another scheme, whether or not in the United Kingdom.
2
Retained benefits may be disregarded where the total of —
a
the resulting annual pension; and
b
the pension equivalent of any lump sum payable;
is less than £260.
2.4
1
The administrators shall also require details of retained death benefits.
2
Retained death benefits worth less than £2,500 may be disregarded.
3
For the purposes of calculating the retained death benefit there shall be ignored
a
any benefits representing a return of the member’s own contributions plus interest; and
b
benefits derived from a return of surplus funds under annuity contracts approved under section 620 of the 1988 Act or personal pension schemes approved under section 631 of the 1988 Act.
4
In this regulation —
“retained death benefits” means any lump sum benefits payable on the member’s death derived from the sources set out in sub-paragraphs (a) to (f) of regulation 2.3.
2.5
The administrators may disclose any information obtained relating to retained benefits or retained death benefits to the bodies or persons mentioned in section 10(3)(c) of the Act.
Maximum benefits for members falling within regulation 2.2(1)(a)
2.6
Regulations 2.7, 2.8, 2.9 and 2.10 shall apply to members who fall within regulation 2.2(1)(a).
2.7
1
The aggregated retirement benefit shall not exceed the figure equal to the lesser of —
a
the amount referred to in paragraph (2)(a), (b) or (c) as appropriate; and
b
the greater of —
i
2/3rds of the member’s pensionable pay less retained benefits; and
ii
1/60th of the member’s pensionable pay for each year of service up to a maximum of 40 years.
2
The amount referred to in paragraph (1)(a) shall be —
a
where the member retires between the ages of 50 and 75 (except where he retires before the age of 65 on the ground of ill health), 1/30th of the member’s pensionable pay for each year of service up to a maximum of 20 years;
b
where the member retires before the age of 65 on the ground of ill health, 1/30th of the member’s pensionable pay for each year of service that would have been completed had the member worked until the age of 65 up to a maximum of 20 years;
c
where the member leaves the scheme before the age of 65 on any other grounds, an amount calculated in accordance with the formula
M × N N S
where —
M is the maximum pension which would have been available to the member at age 65;
N is the number of years and days of service (expressed in years and fractions of years as appropriate) in the Part 1 scheme completed at the date the member leaves the scheme; and
NS is the number of years and days of service (expressed in years and fractions of years as appropriate) in the Part 1 scheme which the member would have completed had he remained in service until the age of 65.
2.8
1
The aggregated retirement benefit shall (subject to paragraph (2)) be determined by the administrators by aggregating —
a
any benefits from the scheme constituted under Part I of the 1993 Act or an existing scheme, including benefits resulting from the purchase of added years or added benefits under that scheme; and
b
any benefits from a voluntary contributions scheme.
2
Any benefits that are attributable to the pension of a surviving spouse or child shall not be aggregated for the purpose of determining the aggregated retirement benefit.
2.9
1
This regulation applies where —
a
a lump sum is payable by virtue of the member having died in service before retirement; or
b
death occurs once the member has left pensionable service where his entitlement to a lump sum was preserved under an order made under section 141 of the Pension Schemes Act 1993 or section 137 of the Pension Schemes (Northern Ireland) Act 1993 .
2
Where this regulation applies, the maximum lump sum which may be paid shall be the greater of —
a
£5,000; or
b
4 times the greater of the annual rate of the member’s salary or of the member’s pensionable pay at the date of death or, where paragraph (1)(b) applies, the date of leaving office, less the aggregation of the benefits set out in paragraph (3).
3
The benefits to be aggregated for the purposes of paragraph (2)(b) are —
a
retained death benefits;
b
the death benefits provided by the scheme constituted under Part 1 of the 1993 Act or an existing scheme including benefits resulting from the purchase of added years or added benefits;
c
any death benefit provided by a voluntary contributions scheme.
2.10
1
Any surviving spouse’s or children’s pension payable to the surviving spouse or child in respect of a deceased member, shall not exceed 2/3rds of the member’s maximum aggregated retirement benefit as determined in regulation 2.7 on the basis that —
a
the member had no retained benefits; and
b
that, at the date of death he had retired on the ground of ill-health rather than died.
2
Where pensions are payable to more than one person, the total amount of those pensions shall not exceed the member’s maximum aggregated retirement benefit determined on the same basis as in paragraph (1).
Maximum benefits for members falling within regulation 2.2(1)(b)
2.11
Regulations 2.8, 2.10, 2.12 and 2.13 shall apply to members who fall within regulation 2.2(1)(b).
2.12
1
The aggregated retirement benefit shall not exceed the figure equal to the lesser of —
a
the amount referred to in paragraph (2)(a), (b) or (c) as appropriate; and
b
the greater of —
i
2/3rds of the member’s final salary less retained benefits; and
ii
1/60th of the member’s final salary for each year of service up to a maximum of 40 years.
2
The amount referred to in paragraph (1)(a) shall be —
a
where the member retires at his normal pension age the amount calculated by applying the appropriate fraction (ascertained in accordance with the following table, into which fractions of a year shall be interpolated in accordance with paragraph (3) below) to his final salary —
Years of service Appropriate fraction
Year 1 to 5 1/60 for each year Year 6 8/60 Year 7 16/60 Year 8 24/60 Year 9 32/60 Year 10 or more 40/60 for each year;
b
where the member retires before his normal pension age on the ground of ill-health the amount determined in accordance with paragraph 3(a) which the member could have received had he remained in service until his normal pension age;
c
where the member leaves the scheme before his normal pension age on any other ground, an amount calculated in accordance with the formula set out in regulation 2.7(2)(c) but as if references in that formula to —
i
the age of 65 were replaced by references to the member’s normal pension age; and
ii
the Part 1 scheme were replaced by references to the member’s existing scheme.
3
Where the number of years of service at retirement is less than ten and is not an exact number of years, the interpolation referred to in paragraph (2)(a) shall be effected as follows —
a
where the number of complete years of service is less than five, 1/365 of a sixtieth for each additional day shall be added to the appropriate fraction;
b
where the number of complete years of service is five, 3/365 of a sixtieth for each additional day shall be added to the appropriate fraction;
c
where the number of complete years of service is greater than five, 8/365 of a sixtieth for each additional day shall be added to the appropriate fraction.
2.13
Regulation 2.9 shall apply as if for sub paragraph (2)(b) there were substituted —
b
4 times the annual rate of the member’s final salary..
Increase to pensions in payment
2.14
The maximum amount of pension benefit ascertained under regulations 2.7 to 2.13 may be increased by up to 3% for each complete year, or in proportion to the increase in the Index which has occurred since payment of the pension commenced, if greater.
Maximum contributions
2.15
1
The member shall instruct the administrators in writing as to the level of contributions that he wishes to make.
2
A member’s contributions to the scheme is any tax year shall not exceed whichever is the smaller of (a) and (b) as set out in paragraph (3).
3
The amounts referred to in paragraph (2) are —
a
i
in the case of a single contribution by the member into the scheme, the amount determined by the scheme administrators which, if the member were to leave service immediately after making the payment, is likely to provide benefits equal to the limits set out in regulations 2.7 to 2.10 or 2.12 and 2.13 as appropriate; or
ii
in the case of an annual contribution, the amount determined by the scheme administrators which, if maintained at that level
1
in respect of members falling within regulation 2.2(1)(a) until the assumed retirement age, and
2
in respect of members falling within regulation 2.2(1)(b) until the member’s normal pension age,
is likely to provide benefits equal to the limits set out in regulations 2.7 to 2.10 or 2.12 and 2.13 as appropriate;
in respect of members falling within regulation 2.2(1)(a), that percentage of the member’s pensionable pay that is subject to tax under Schedule E under Part V of the 1988 Act which, together with any contributions made by the member to any other judicial pension scheme (including voluntary contributions schemes) will bring the total contributions to 15% of the pensionable pay; or
in respect of members falling within regulation 2.2(1)(b), that percentage of the member’s total salary that is subject to tax under Schedule E under Part V of the 1988 Act which, together with any contributions made by the member to any other judicial pension scheme (including voluntary contributions schemes) will bring the total contributions to 15% of that salary.
Authorised provider
2.16
A member’s contributions and any transfer payment accepted under regulation 2.22 shall be invested with an authorised provider for the purpose of providing benefits.
2.17
The administrators may require an authorised provider to surrender the whole or part of the value of such contributions and transfer payment, in which case the administrators shall reinvest such contributions in accordance with regulation 2.16.
Manner of making contributions
2.18
A member may make contributions into the scheme to the limits set out in regulation 2.15, by either —
a
single payments to the limit of two in any one financial year; or
b
regular payments,
and in either case payment must be made by way of deduction from the member’s salary.
Investment of contributions
2.19
The administrators shall invest any contributions made under regulation 2.18 and any transfer payment accepted under regulation 2.22 as soon as reasonably practicable, with the authorised provider.
2.20
Where the authorised provider offers more than one type of investment the member may elect that his contributions be paid into particular types of investments.
2.21
The investments made in respect of a member with the authorised provider may be realised and reinvested with the authorised provider at the request of the member, in such amounts, at such times and in such manner as may be specified by the administrators with the approval of the authorised provider.
Transfer values in
2.22
A payment representing the cash equivalent of a member’s accrued rights in any other qualifying scheme (as defined by paragraph 11(3) of schedule 2 to the 1993 Act) shall only be accepted by the scheme if it is from another voluntary contributions scheme and it is certified by the administrator of that scheme to derive from only the member’s own contributions to that scheme, and any transfer payment into that scheme, with any interest that may be payable.
2.23
Where a member wishes to make such a payment from a non-judicial occupational pension scheme, he shall declare to the administrators the contributions already made and the salary received in the 12 months prior to the date of transfer into the scheme.
Benefits which may be provided
2.24
1
Subject to the limits referred to in regulations 2.7 to 2.13, a member shall be entitled to the benefits attributable to the contributions paid by the member, and by any payment accepted under regulation 2.22.
2
The benefits permitted are —
a
subject to regulation 2.26, a pension payable to the member from the member’s retirement during his lifetime, under which:
i
payments may be guaranteed to be payable for up to 10 years after retirement in any event; or
ii
payments may be guaranteed to be payable for up to 5 years after retirement with any balance in respect of any period between death and the expiry of that period of 5 years being paid in one lump sum on death;
b
a lump sum payable on the death of the member;
c
where the member dies before retirement, or in the circumstances referred to in regulation 2.28(2)(c), the total realisable value of the investments made by the administrators with the contributions paid by the member and any transfer payment accepted under regulation 2.22;
d
subject to regulation 2.26, a pension payable on the death of the member after retirement to one or more of —
i
his spouse during the remainder of her lifetime; and
ii
his children until the child reaches the age of 18 or, if later, ceases to receive full time education or vocational training.
3
Pensions may be level in payment, increase at a fixed rate not exceeding 3 per cent per annum compound or vary in line with the Index.
4
In the case of benefits payable at or after a member’s retirement, the member may choose which of the above types of benefit shall be payable and shall give notice in writing to the administrators at retirement of his choice.
2.25
Benefits under this scheme shall be paid by the administrators in accordance with these regulations and shall only be payable —
a
at the date that the member’s pension under Part I of the 1993 Act or under an existing scheme comes into payment; or
b
in relation to a surviving spouse’s or children’s pension, the date at which those benefits become payable under Part I of the 1993 Act or under an existing scheme.
2.26
Benefits at retirement may normally only be taken in pension form but the whole of the member’s pension may be commuted for a lump sum, from which any tax payable by the administrators shall be deducted, where —
a
the pension equivalent of the member’s pension benefits from all sources does not exceed £260 per annum;
b
the pension is payable under regulation 2.24(2)(d) and does not exceed £260 per annum; or
c
the administrators are satisfied on medical evidence that the member is fatally ill.
2.27
1
A member may nominate a person to receive any lump sum payable on his death by giving notice in writing to the administrators;
2
If no such nomination is made, the administrators shall pay the lump sum to the personal representatives of the member.
Leaving the scheme
2.28
1
A member may cease to be a member of the scheme at any time before benefits provided under regulation 2.24 are paid.
2
Subject to Part IV, Chapter IV of the Pension Schemes Act 1993 or Part IV, Chapter IV of the Pensions Schemes (Northern Ireland) Act 1993 , the member shall, on leaving the scheme, request the administrators to do one or more of the following as appropriate —
a
to transfer the value of the member’s accrued benefits to an approved scheme of a subsequent employer, or to a personal pension scheme subject, in each case, to the receiving scheme —
i
being willing to accept the transfer value; and
ii
meeting the prescribed requirements referred to in section 95(2)(a) of the Pension Schemes Act 1993 or section 91(2)(a) of the Pension Schemes (Northern Ireland) Act 1993,
and the administrators shall certify to the receiving scheme that the whole of the transfer value derives from the member’s contributions and any transfer payment accepted under regulation 2.22 and that all of it must be used to secure a non-commutable pension;
b
to use the value of the member’s accrued benefits to purchase one or more insurance policies of the type described in section 95(2)(c) of the Pension Schemes Act 1993 or section 91(2)(c) of the Pension Schemes (Northern Ireland) Act 1993;
c
if the member’s service, together with any service whilst a member of a previous employer’s pension scheme from which a transfer value has been paid to this scheme, totals less than two years, to pay the member the value of his accrued benefits after deduction of any tax payable by the administrators;
d
to purchase an annuity contract approved under section 431(4)(d) and (e) and section 591(2)(g) of the 1988 Act from an authorised insurance company as defined by the 1993 Act.
3
Where a member ceases to make contributions to the scheme (except where he ceases to make contributions to an existing scheme by reason of transferring to the scheme constituted under Part 1 of the 1993 Act) he may, if he wishes, leave his accrued benefits in the scheme until such time as his benefits under the scheme constituted by Part 1 of the 1993 Act or his existing scheme as appropriate become payable.
4
For the purpose of this regulation, the value of a member’s accrued benefits shall be the total realisable value of the investments made by the administrators with the contributions paid by the member and any transfer payment accepted under regulation 2.22.
5
Without prejudice to the effect of section 95(1) and (9) and section 99 of the Pensions Schemes Act 1993 and section 91(1) and (9) and section 95 of the Pension Schemes (Northern Ireland) Act 1993, where a transfer value is paid out from the scheme the administrators will be discharged from any obligation to provide any benefits in respect of the scheme.
Surplus funds
2.29
The administrators of the scheme shall comply with the requirements of regulation 5 (Restriction on discretion to approve — other schemes) of the 1993 Regulations and where the scheme is the leading scheme in relation to a member, with the requirements of regulation 6 (Calculation of surplus funds) of those Regulations so far as they concern main schemes.
2.30
Whenever the administrators are liable for any tax in respect of any payment made to any person under this Part, they shall deduct sums equal in total to such tax from any payments made to such person.
PART III
FREE-STANDING ADDITIONAL VOLUNTARY CONTRIBUTION SCHEMES
Maximum contributions
3.1
1
Where a member of a scheme constituted under Part I of the 1993 Act or an existing scheme wishes to make contributions to a FSAVC scheme for the purpose of improving his personal pension benefits, then, notwithstanding the provisions of section 18, any retained benefits of the member shall be taken into account for the purpose of assessing the maximum amount of contribution that he is entitled to make.
2
Paragraph (1) shall not apply where the member makes contributions to a FSAVC scheme for any other purpose.
Contributions under the 1988 Act
3.2
Nothing in these Regulations shall affect the duty of the FSAVC scheme provider to apply the limits on contributions in accordance with section 591 of the 1988 Act.
The 1993 Regulations
3.3
1
The administrators shall comply with the requirements of regulation 4 (Restriction on discretion to approve — freestanding additional voluntary contributions schemes) of the 1993 Regulations.
2
Where a pension scheme is a leading scheme, the administrators shall comply with regulation 6 (Calculation of surplus funds) of the 1993 Regulations in so far as it relates to a main scheme.
3
Regulations 2.7 to 2.13 shall apply as appropriate for the purpose of calculating the surplus funds referred to in regulation 6 of the 1993 Regulations.
PART IV
JUDICIAL ADDED YEARS SCHEME, JUDICIAL ADDED BENEFITS SCHEME AND JUDICIAL ADDED SURVIVING SPOUSE'S PENSION SCHEME
Interpretation
4.1
1
In this Part, unless the context otherwise requires —
“the JABS ” means the Judicial Added Benefits Scheme constituted by this Part of the Regulations;
“the JASSPS ” means the Judicial Added Surviving Spouse’s Pension Scheme constituted by this Part of the Regulations;
“the JAYS ” means the Judicial Added Years Scheme constituted by this Part of the Regulations.
“pension-capped salary” in relation to a member means, for any period of 12 months, so much of his aggregate salary in that period as, within the meaning of section 590C(1) of the 1988 Act does not exceed the permitted maximum for the relevant year of assessment.
2
Except where otherwise provided, any reference to added years, added units of benefits or added units of surviving spouse’s pension shall include a reference to parts of years, parts of units of benefit and parts of units of surviving spouse’s pension respectively.
3
The JAYS, the JASSPS and the JABS shall be administered in accordance with the regulations set out in this Part.
4
The administrators of the JAYS, the JASSPS and the JABS shall be the administrators of an existing scheme or of the pension scheme constituted under Part I of the 1993 Act as appropriate.
Membership
4.2
1
Membership of the JAYS and the JASSPS shall be open to any person to whom Part I of the 1993 Act applies.
2
A member of the JAYS shall, subject to the provisions of these regulations, have a right to increase his length of service in qualifying judicial office by the purchase of added years of pension credit.
3
A member of the JASSPS shall, subject to the provisions of these regulations, have a right to purchase added units of surviving spouse’s pension during any period in which he currently has a spouse to whom benefits could be paid under the scheme.
4
Membership of the JABS shall be open to a person who is a member of an existing scheme except those officers referred to in regulation 2.2(1)(b)(ii) to (vi).
5
A member of the JABS shall, subject to the provisions of these regulations, have a right to purchase added units of benefit in his existing scheme.
Limits on the added years that may be purchased under the JAYS
4.3
1
The maximum number of years service which may accrue to a member is 20.
2
The maximum number of added years that a member may purchase is the difference between the number of years service determined in accordance with this regulation and 20.
3
The administrators shall require the provision of information relating to retained benefits and retained death benefits in accordance with regulations 2.3 and 2.4.
4
The administrators shall determine the number of years service by aggregating —
a
the length of prospective service to the assumed retirement age from the age of the scheme member (in years and days) at the date of his first appointment to qualifying judicial office; and
b
the service equivalent of
i
any benefit from a voluntary contributions scheme;
ii
any of the retained benefits mentioned in regulation 2.3;
iii
any transfer value from another scheme (except a transfer from another judicial pension scheme under the provisions of section 12 of the 1993 Act).
Limits on the added benefits that may be purchased under JASSPS
4.4
Added units of benefit in the JASSPS may be purchased up to such amount as the administrators determine will provide a surviving spouse’s pension equal to the amount calculated in accordance with regulation 2.10(1).
Limits on the added benefits that may be purchased under the JABS
4.5
1
For the purposes of this regulation —
“aggregated retirement benefit” has the meaning given to it in regulation 2.1 and shall be determined in accordance with regulation 2.8; and
“lump sum benefit” means the aggregate of the lump sum benefits that may be paid to the member from the sources set out in regulation 2.8(1).
2
The administrators shall require the provision of information relating to retained benefits and retained death benefits in accordance with regulations 2.3 and 2.4.
3
The aggregated retirement benefit shall not exceed the figure calculated in accordance with regulation 2.12(1).
4
The lump sum benefit shall not exceed the figure calculated in accordance with sub-paragraphs (a) or (b) as appropriate —
a
on retirement at the member’s normal pension age the appropriate fraction of final salary (as defined in regulation 2.1) ascertained in accordance with the scale set out in the Occupational Pension Schemes (Maximum Rate Lump Sum) Regulations 1987 as amended from time to time; and
b
on retirement before the member’s normal pension age on the ground of ill-health, the fraction of final salary ascertained in accordance with the scale set out in the Occupational Pension Schemes (Maximum Rate Lump Sum) Regulations 1987, as amended from time to time, which the member could have received had he remained in service until his normal pension age.
5
Added units of benefit in the JABS may be purchased up to such amount as the administrators determine will provide benefits equal to the lesser of the aggregated retirement benefit and the lump sum benefit.
Manner of making contributions into the JAYS
4.6
1
The right to purchase added years must be exercised by notice in writing to the administrators while the member is still holding qualifying judicial office and may not be exercised if the member has reached the assumed retirement age.
2
Before contracting to purchase added years the member must sign a declaration stating that he has no reason to believe that his health may prevent him from serving until the assumed retirement age.
3
Contributions to the JAYS shall be made by way of periodical deductions from salary only and shall commence on a date agreed between the administrators and the member.
4
The rate of contribution for each added year shall be calculated, to two decimal places, in accordance with the formula (A/B) × pension-capped salary where —
i
A is the sum of the personal benefits and family benefits percentage figures which correspond to the length of time between the date agreed under regulation 4(6)(3) and the member’s assumed retirement age and which are set out in the table in Schedule 1 appropriate to the salary group of the member at the date of his first contribution;
ii
B is the length of time referred to in sub-paragraph (i) in years and days (expressed in years and fractions of a year to four decimal places),
subject to the limit on total contributions allowed in any one year by regulation 4.9(1).
5
For a part of a year the rate shall be that determined in paragraph (4) multiplied by the decimal fraction of a year (to four decimal places) which expresses the number of days being purchased, to a minimum of 0.01%.
6
The making of periodical contributions at the relevant rate to the JAYS shall continue until the member —
i
reaches the assumed retirement age; or
ii
dies; or
iii
leaves qualifying judicial office; or
iv
notifies the administrators that he wishes the contributions to cease,
whichever occurs first.
Manner of making contributions into the JASSPS
4.7
1
Regulations 4.6(1) to (3) and 4.6(6) shall apply to the JASSPS except that for references to “added years” there shall be substituted references to “added units of surviving spouse’s pension” and for the reference to “the JAYS” there shall be substituted a reference to “the JASSPS”.
2
Contributions shall be expressed as a level monthly payment per unit of additional surviving spouse’s pension and the level monthly payment, subject to a minimum of £1, shall be —
i
for each unit of additional surviving spouse’s pension, the amount applicable to the member’s age at the date of his first contribution as set out in the table in Schedule 2;
ii
for a part of a unit of additional spouse’s pension, the amount determined in sub-paragraph (i) above multiplied by the appropriate decimal fraction (to four decimal places);
subject to the limit on total contributions allowed in any one year by regulation 4.9(2).
Manner of making contributions into the JABS
4.8
1
Regulations 4.6(1) to (3) and 4.6(6) shall apply to the JABS except that for references to “added years” there shall be substituted references to “added units of benefit”, for the reference to “the JAYS” there shall be substituted a reference to “the JABS” and for references to “the assumed retirement age” there shall be substituted references to“his normal pension age”.
2
The rate of contribution for each added unit of benefit shall be calculated, to two decimal places, in accordance with the formula (A/B) × annual salary where —
i
A is the sum of the personal benefits and family benefits percentage figures set out in the appropriate table in Schedule 3 which correspond to the length of time between the date agreed under regulation 4.6(3) and the member’s normal pension age; and
ii
B is the length of time referred to in sub-paragraph (i) in years and days (expressed in years and fractions of a year to four decimal places),
subject to the limit on total contributions allowed in any one year by regulation 4.9(3),
3
For each part unit of benefit purchased the rate shall be that determined in paragraph (2) multiplied by the appropriate decimal fraction (to four decimal places), to a minimum of 0.01%.
4
Schedule 4 to these Regulations shall apply for the purposes of determining which of the tables in Schedule 3 is appropriate to the member.
Maximum contributions
4.9
1
A member’s contribution to the JAYS in any tax year shall not exceed the smaller of —
a
such amount determined by the administrators, which if maintained at that level until the assumed retirement age, is likely to provide a number of years service equal to the limit set out in regulation 4.3(2), and
b
that percentage of the member’s pension-capped salary which, together with any contributions made by the member to the scheme constituted under Part I of the 1993 Act and any other judicial pension scheme (including voluntary contributions schemes) will bring the total contributions to 15% of that pension-capped salary.
2
A member’s contribution to the JASSPS in any tax year shall not exceed that percentage of the member’s pension-capped salary which together with —
a
any contributions made by the member to the scheme constituted under Part I of the 1993 Act; and
b
any other judicial pension scheme (including voluntary contributions schemes),
will bring the total contributions to 15% of that pension-capped salary.
3
A member’s contribution to the JABS in any tax year shall not exceed the smaller of —
a
such amount determined by the administrators, which if maintained at that level until his normal pension age, is likely to provide benefits equal to the limits set out in regulation 4.5(5); and
b
that percentage of the member’s salary which is subject to tax under Schedule E under Part V of the 1988 Act which, together with any contributions made by the member to his existing scheme and any other judicial pension scheme (including voluntary contributions schemes) will bring the total contributions to 15% of that salary.
Valuation of benefits under the JAYS
4.10
1
If a member leaves qualifying judicial service or makes an election under section 13 of the 1993 Act on or after reaching the assumed retirement age, any added years that he has purchased shall count as full years service for the purpose of determining the length of his service in qualifying judicial office under the 1993 Act.
2
If a member retires on the ground of ill-health or dies before the assumed retirement age, he shall, for the purposes of calculating the appropriate annual rate of pension under section 3 of the 1993 Act, be credited with the full amount of added years for which he is paying contributions, provided that where —
a
he retires on the ground of ill health or dies within twelve months of contracting to purchase added years; or
b
he dies or retires on the ground of ill health because of an incapacity to which he became subject within twelve months of that date;
the administrators are satisfied that the declaration given in accordance with regulation 4.6(2) was made in good faith.
3
If a member ceases making contributions before reaching the assumed retirement age for reasons other than death or retirement on the ground of ill-health, then, at the date that he so ceases he shall be credited with added years of service in accordance with the formula A × (B/C) where —
a
A is the number of added years for which he had contracted to pay contributions;
b
B is the period (expressed in years and days) over which he has paid contributions for those added years; and
c
C is the period (expressed in years and days) calculated from the date of commencement of contributions, over which he would have paid contributions for those added years if he had continued in service until the assumed retirement age.
4
If a member who has ceased to participate in the scheme under paragraph (3), subsequently starts to pay contributions again, this regulation and regulations 4.6 and 4.13 shall apply separately to those contributions and the value of benefits purchased with them.
5
For the purposes of this regulation, parts of added years purchased by a member shall be valued on a pro-rata basis.
Valuation of Benefits under the JASSPS
4.11
1
Where a member has purchased added units of surviving spouse’s pension his surviving spouse shall be entitled to receive additional pension under the scheme constituted by Part 1 of the 1993 Act.
2
The annual amount of additional pension per unit shall be£1,000 together with increases in line with the Index from the earlier of the member’s assumed retirement age or his death.
3
Such additional pension shall be payable at the same times and intervals and in the same manner as the surviving spouse’s pension under section 5 of the 1993 Act.
4
If a member retires on the ground of ill-health or dies before the assumed retirement age he shall be credited with the number of units of surviving spouse’s pension for which he is paying contributions, provided that where —
a
he dies or is retired on the ground of ill-health within twelve months of the date of contracting to purchase added units of surviving spouse’s pension, or
b
he dies or is retired on the ground of ill-health because of an incapacity to which he became subject within twelve months of that date,
the administrators are satisfied that the declaration given in accordance with regulation 4.6(2) as applied by regulation 4.7(1), was made in good faith.
5
If a member ceases making contributions before the assumed retirement age for reasons other than death or retirement on the ground of ill-health then, at the date he so ceases he shall be credited with added units of surviving spouse’s pension in accordance with the formula A × (B/C) where —
a
A is the number of added units of surviving spouse’s pension for which he had contracted to pay contributions;
b
B is the number of months contributions which he has paid for those added units; and
c
C is the number of months contributions which he would have paid for those added units if he had continued in service until the assumed retirement age.
6
If a member who has ceased to participate in the scheme under paragraph (5), subsequently starts to pay contributions again, this regulation and regulations 4.7 and 4.13 shall apply separately to these contributions and the value of surviving spouse’s pension purchased with them.
7
For the purposes of this regulation, part added units of surviving spouse’s pension purchased by a member shall be valued on a pro-rata basis.
Valuation of Benefits under the JABS
4.12
1
If a member leaves qualifying judicial service on or after reaching his normal pension age, any added unit of benefit that he has purchased shall entitle him to an additional pension benefit under his existing scheme of 1/40th of his annual salary at the date of retirement together with a lump sum of 2/40ths of his annual salary at the date of retirement and shall entitle his surviving spouse to a surviving spouse’s pension of 1/80th of that salary payable on his death and so proportionately for any part unit of benefit purchased.
2
Any unit purchased shall not be taken into account for the purposes of determining —
a
the length of service for the purpose of calculating entitlement to pension benefits under the existing scheme; or
b
the length of qualifying service for determining the date of retirement.
3
If member retires on the ground of ill-health or dies before his normal pension age, he shall be credited with the number of units for which he is paying contributions, provided that where —
a
he retires on the ground of ill-health or dies within twelve months of the date of contracting to purchase added units of benefit, or
b
he dies or retires on the ground of ill-health because of an incapacity to which he became subject within twelve months of that date,
the administrators are satisfied that the declaration given in accordance with regulation 4.6(2), as applied by regulation 4.8(1), was made in good faith.
4
If a member ceases making contributions before his normal pension age for reasons other than death or retirement on the ground of ill-health, then, at the date he so ceases he shall be credited with added units of benefit in accordance with the formula A × (B/C) where —
a
A is the number of added units of benefit for which he had contracted to pay contributions;
b
B is the period (expressed in years and days) over which he has paid contributions for those added units; and
c
C is the period (expressed in years and days) calculated from the date of commencement of contributions, over which he would have paid contributions for those added units if he had continued in service until his normal pension age.
5
If a member who has ceased to participate in the scheme under paragraph (4), subsequently starts to pay contributions again, this regulation and regulations 4.8 and 4.13 shall apply separately to those contributions and the value of benefits purchased with them.
Refund of contributions
4.13
1
If a member who has bought added years or added units of benefit under the JAYS or the JABS is both unmarried and has no eligible children at the time that he retires, dies or otherwise leaves his judicial pension scheme, he shall be entitled to a refund in accordance with this regulation.
2
Where paragraph (1) applies, the amount to be refunded to a member of the JAYS shall be calculated by applying the percentage figure ascertained in accordance with the formula A/B to the pension capped salary he received for the period from the date he last ceased to have either a spouse or eligible children until the date of retirement where —
i
A is the family benefits percentage figure which corresponds to the length of time between the date agreed under regulation 4.6(3) and the member’s date of retirement and which is set out in the table in Schedule 1 is appropriate to the salary group of the member at the date of his first contribution; and
ii
B is the length of time referred to in sub-paragraph (i) in years and days (expressed in years and fractions of a year to four decimal places).
3
Where paragraph (1) applies, the amount to be refunded to a member of the JABS shall be calculated by applying the percentage figure ascertained in accordance with the formula A/B to the pension capped salary he received during the period from the date he last ceased to have either a spouse or eligible children until the date of retirement where —
i
A is the family benefits percentage figure set out in the appropriate table in Schedule 3 which corresponds to the length of time between the date agreed under regulation 4.6(3) and the member’s date of retirement; and
ii
B is the length of time referred to in sub-paragraph (i) in years and days (expressed in years and fractions of a year to four decimal places).
4
Schedule 4 to these Regulations shall apply for the purposes of determining which of the tables in Schedule 3 is appropriate to the member.
5
Where the spouse of a member who has bought added units of surviving spouse’s pension dies or is divorced before the member ceases to be a member of the scheme constituted under Part 1 of the 1993 Act, contributions to the JASSPS shall not be refunded.
6
Refunds made under this regulation shall be —
a
paid with compound interest at the rate announced annually by the Treasury in relation to the PCSPS and which is based on average building society interest rates; and
b
subject to a deduction of the appropriate amount in respect of tax charged under section 598 of the 1988 Act.
Monies
4.14
Benefits payable to members under the JAYS, the JASSPS or the JABS shall —
a
in respect of a member holding an office within Part I of Schedule 1 to the 1993 Act at the date of retirement be charged on and paid out of the Consolidated Fund; and
b
in respect of a member holding any other office at the date of retirement be paid out of money provided by Parliament.
Mackay of Clashfern, C.
Dated 6th March 1995
Ian Lang
One of Her Majesty’s Principal Secretaries of State
Dated 7th March 1995
We concur
Andrew Mitchell
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 7th March 1995


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Argyll, the Isles, Loch Lomond, Stirling and Trossachs Tourist Board Scheme Order 1995 and shall come into force on 31st August 1995.
Interpretation
2
In this Order —
“ the scheme ” means the Argyll, the Isles, Loch Lomond, Stirling and Trossachs Tourist Board Scheme 1995;
“ the Board ” means the Argyll, the Isles, Loch Lomond, Stirling and Trossachs Tourist Board;
“existing Board” means any area tourist organisation which is to be wound up and dissolved in accordance with paragraph 11(2) of the scheme; and
“local government area” shall be construed in accordance with section 1(2) of the Local Government etc. (Scotland) Act 1994.
The Scheme
3
1
Subject to paragraph (2), the scheme set out in the Schedule to this Order shall have effect, as from 1st April 1996, for the establishment of the Board for the local government areas of Argyll and Bute, Clackmannan, Dumbarton and Clydebank, Falkirk and Stirling.
2
The scheme shall have effect from the date of coming into force of this Order in relation to —
a
the constitution of the Board;
b
the carrying out by the Board of any functions necessary to bring the scheme into operation on 1st April 1996; and
c
the winding up of an existing Board.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
12th July 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Housing Management) (England) Order 1995 and shall come into force on 26th May 1995.
2
In this Order —
“relevant authority” means a district council in England, a London borough council, the Common Council of the City of London in its capacity as local authority or the Council of the Isles of Scilly;
“relevant organisation” means —
an organisation to which housing management functions have been delegated by a management agreement made under section 27 of the Housing Act 1985 in respect of which the Secretary of State gave his approval under that section before 1st April 1994, or
a tenant management organisation within the meaning of section 27AB(8) of that Act ;
“work” means housing management .
3
In this Order references to Bands are references to the Bands into which relevant authorities are divided by Part II of the Schedule to the Local Government Act 1988 (Competition) (Housing Management) (England) Regulations 1994 .
Exemption
2
Work carried out by a relevant authority shall not be treated as a defined activity so long as each of the conditions in article 3 is fulfilled.
The conditions
3
1
The first condition is that the work is being carried out in relation to houses in respect of which a relevant authority has delegated some or all of its housing management functions to a relevant organisation.
2
The second condition is that the work is carried out by staff employed by the relevant authority who are under the direction of the committee or board of directors of the relevant organisation.
3
The third condition is that the work is being carried out before 1st April 2001 in the case of Band I, III and V authorities and before 1st April 2002 in the case of Band II and IV authorities.
Cost of housing management
4
For the purposes of article 3 of the Local Government Act 1988 (Defined Activities) (Exemption) (England) Order 1988 the cost to a relevant authority of carrying out housing management shall include the cost of any work which would, but for this Order, be treated as falling within the defined activity of housing management.
Signed by authority of the Secretary of State
Robert Jones
Parliamentary Under Secretary of State,
Department of the Environment
1st May 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Gratuities) Regulations 1995 and shall come into force on 6th July 1995, but regulations 2 and 3 shall have effect as from 6th April 1991 and regulation 4 shall have effect as from 2nd May 1995.
2
In these Regulations “the principal regulations” means the Local Government Superannuation Regulations 1986 .
Separate powers to make gratuity payments by reason of death in service, retirement and redundancy
2
For regulations K2 to K4 of the principal regulations there shall be substituted —
Power to grant death in service gratuities
K2
1
Where a person who has been employed by a scheduled body (otherwise than as a teacher) for not less than one year dies while in their employment, the scheduled body may make a discretionary grant (“a death benefit gratuity” ) to one or more of the person’s spouse and dependants.
2
A death benefit gratuity may consist of a lump sum or an annuity or both.
3
The amount of a death benefit gratuity (including the capital value of any annuity) or, in a case where the gratuity is paid to more than one person, the aggregate amount of such gratuity must not exceed the prescribed maximum.
4
In this regulation “the prescribed maximum” means 5 per cent. of —
a
an amount equal to remuneration at the annual rate for a period equal to the total of the length in years and days of the person’s service before 1st April 1987 and 50 per cent. of any war service in respect of which a period might have become reckonable as reckonable service under regulation F6 if the conditions in regulation F3(2) to (10) had been satisfied, plus
b
an amount equal to remuneration at the annual rate (with the necessary adjustments in accordance with paragraph (5)), for a period equal to the length in years and days of that person’s service after 31st March 1987, but in the case of a person —
i
whose contractual hours are fewer than 15 and who had not attained the age of 50 on 16th August 1993, or
ii
whose contractual hours are at least 15 and who had not before 1st April 1987 attained the age of 55,
disregarding the assumed reckonable service.
5
For the purposes of paragraph (4) the necessary adjustments to the annual rate of remuneration are —
a
if that rate exceeds the lower earnings limit but not the upper earnings limit, to substitute the lower earnings limit, and
b
if that rate exceeds the upper earnings limit, to substitute the sum of the lower earnings limit and the excess over the upper earnings limit.
6
In subsection (4) “the assumed reckonable service” means any service which would have become reckonable as reckonable service if the person —
a
in the case of paragraph (b)(i), had made an election under regulation B1A or regulation B1C on 17th August 1993; and
b
in the case of paragraph (b)(ii) —
i
had made any election which he was entitled to make under regulation B1(18) or paragraph 1(1) or 5(2) of Part IV of Schedule 2 on 1st April 1987, and
ii
had not made any election he has made under regulation B1(15B).
Power to grant gratuities on retirement
K3
1
Where a person —
a
who has been employed by a scheduled body (otherwise than as a teacher) for not less than 5 years, or
b
who has been so employed for not less than one year and —
i
has attained the age of 60, or
ii
is incapable of discharging efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body,
ceases to be so employed otherwise than as mentioned in regulation K4(1)(b), the scheduled body may make him a discretionary grant (“a retirement gratuity”).
2
A retirement gratuity may consist of a lump sum or an annuity or both.
3
The amount of a retirement gratuity (including the capital value of any annuity) must not exceed —
a
an amount equal to three eightieths of his annual rate of remuneration for each year of service, or
b
the prescribed maximum (as defined in regulation K2(4)).
4
Where —
a
the gratuity granted under paragraph (1) to a person (“the original annuitant”) is or includes an annuity, and
b
he dies at a time when the capital value of the payments of the annuity he has received falls short of its capital value at the time of its grant,
the scheduled body may grant a further gratuity by way of an annuity to one or more of the original annuitant’s spouse and dependants.
5
The amount of an annuity granted under paragraph (4) or, in a case where an annuity is paid to more than one person, the aggregate amount of annuity must be the lesser of —
a
the amount the capital value of which equals the shortfall mentioned in paragraph (b) of that paragraph; or
b
two-thirds of the amount of the annuity payable to the original annuitant immediately before his death.
Power to grant gratuities on redundancy
K4
1
Where a person —
a
has been employed by a scheduled body (otherwise than as a teacher) —
i
for not less than 5 years, or
ii
in the case of a person who has attained the age of 60, for not less than one year,
b
ceases to be so employed —
i
by reason of redundancy, or
ii
in the interests of the efficient exercise of the scheduled body’s functions, and
c
the scheduled body —
i
have certified in relation to him in accordance with regulation E2(4)(a) of these Regulations, or
ii
are satisfied that if he were a pensionable employee they would have so certified;
the scheduled body may make him a discretionary grant (“a redundancy gratuity”).
2
A redundancy gratuity may consist of a lump sum or an annuity or both.
3
Where —
a
the gratuity granted to a person under paragraph (1) is or includes an annuity, and
b
he dies before receiving payments of the annuity of an aggregate amount equal to its capital value at the time of its grant,
the scheduled body may grant a further gratuity by way of an annuity to one or more of the person’s spouse and dependants.
4
Where —
a
the gratuity granted to a person under paragraph (1) is or includes an annuity, and
b
he dies at a time when the capital value of the payments of the annuity he has received falls short of its capital value at the time of its grant,
the scheduled body may grant a further gratuity by way of an annuity to one or more of the person’s spouse and dependants.
5
The amount of a redundancy gratuity in respect of any person (including the capital value of any annuity) must not exceed the prescribed maximum (as defined in regulation K2(4)).
6
The capital value of an annuity granted under paragraph (4) or, in a case where an annuity is paid to more than one person, the aggregate amount of such annuities must not exceed the shortfall mentioned in paragraph (b) of that paragraph.
7
Where the person to whom a further gratuity is granted under paragraph (4) (“the second annuitant”) dies at a time when the capital value of the payments of the annuity he has received falls short of its capital value at the time of its grant, the scheduled body may grant a further gratuity by way of an annuity to any other person to whom they might have granted a further annuity under paragraph (4) at the time of the original annuitant’s death, but its capital value must not exceed that shortfall.
Schemes in connection with the exercise of powers
K4A
A scheduled body may make a scheme with respect to the exercise of their powers under regulation K2, K3 or K4.
.
Consequential amendments
3
1
In regulation K1(4) of the principal regulations for the words “regulation K2(a) or (b)” and “regulation K2(c)” there shall be substituted respectively the words “regulation K3(1) or K4(1)” and “regulation K2(1)” .
2
In regulation K6(2), (3) and (5) of the principal regulations for the words “regulation K3” there shall be substituted the words “regulation K2, K3 or K4”.
Amendments of new regulations consequential on commencement of the Local Government Pension Scheme Regulations 1995
4
1
Regulations K2 to K4 of the principal regulations (as substituted by regulation 2 of these regulations) shall have effect with the following amendments.
2
In regulation K2(4) for the words “assumed reckonable service” there shall be substituted the words “assumed membership”.
3
For subsection (6) of regulation K2 there shall be substituted —
6
In subsection (4) “the assumed membership” means any service which would have become reckonable as reckonable service under these regulations or would have counted as part of his total period of membership for the purposes of the Local Government Pension Scheme Regulations 1995, if the person —
a
in the case of paragraph (b)(i), had made an election under regulation B1A or regulation B1C of these regulations on 17th August 1993; and
b
in the case of paragraph (b)(ii) —
i
had made any election which he was entitled to make under regulation B1(18) or paragraph 1(1) or 5(2) of Part IV of Schedule 2 to these regulations on 1st April 1987, and
ii
had not made any election he has made under regulation B1(15B) of these regulations or given any notice he is entitled to give under regulation B12 of the Local Government Pension Scheme Regulations 1995.
.
4
In regulation K4(1)(c) after the words “regulation E2(4)(a) of these Regulations” there shall be inserted the words “or regulation D6(2)(a) of the Local Government Pension Scheme Regulations 1995”.
Amendment of accrual rate for calculating gratuity
5
In regulation K2(4) of the principal regulations (as amended by regulation 2 of these regulations) for the words “5 per cent.” there shall be substituted the words “3.75 per cent.”.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
8th June 1995


text:
Title, extent and commencement
1
These Regulations may be cited as the Habitat (Salt-Marsh) (Correction to Amendment) Regulations 1995, shall extend to England and shall come into force on 30th November 1995.
Correction to the Habitat (Salt-Marsh) (Amendment) Regulations 1995
2
In regulation 3 of the Habitat (Salt-Marsh) (Amendment) Regulations 1995 , for “Regulations 4 to 7”substitute “regulations 4 to 9”.
Tim Boswell
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
7th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wirral Community Healthcare National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 6th June 1995.
2
In this Order —
“the Authority” means the Wirral Health Authority;
“the Trust” means the Wirral 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 30th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th June 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
9th May 1995


text:
1
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall become an unclassified road as from the date this Order comes into force.
2
In this Order: — All measurements of distance are measured along the route of the relevant highway:
i
“the deposited plan” means the plan numbered HA10/2 WO112 marked “The Chester Bangor Trunk Road (A55) (Aber Improvement) Detrunking Order 1995”signed by authority of the Secretary of State for Wales and deposited at the Welsh Office Repository, Curran Embankment, Cardiff.
ii
“the trunk road” means the Chester-Bangor Trunk Road (A55).
3
This order shall come into force on 23rd February 1995 and may be cited as The Chester-Bangor Trunk Road (A55) (Aber Improvement) Detrunking Order 1995.
Signed by authority of the Secretary of State for Wales
P. R. Marsden
A Grade 6 Officer in the Welsh Office
Dated the 24th January 1995


text:
Citation and commencement
1
These Regulations may be cited as the Borehole Sites and Operations Regulations 1995 and shall come into force on 1st October 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“borehole site” means a place at which a borehole operation —
is being or is to be undertaken; or
has been undertaken, save where all borehole operations have ceased and all boreholes have been abandoned;
“competent” in relation to a person means competent by way of sufficient training and experience or knowledge and other qualities properly to perform or assist in performing the work which that person is required to do;
“the Executive” means the Health and Safety Executive;
“health and safety document” has the meaning assigned to it by regulation 7;
“mining” does not include opencast mining;
“mining area” means land —
within one kilometre, in a horizontal or other direction, of the workings in a mine (whether disused or not); or
in relation to which a licence to mine for minerals has been granted;
“operator” in relation to a borehole site means —
a person appointed by the owner in writing to exercise for the time being the function of organising or supervising borehole operations at the site, where that function involves the exercise of overall control of the borehole site; or
where for the time being there is no such person, the owner;
“owner”, in relation to a borehole site, means the person who has the right to undertake the borehole operations which are being or are to be undertaken at the site; and
“well” includes any borehole associated with that well.
2
Any reference in these Regulations to a borehole operation is a reference to an activity or operation in the course or furtherance of, or in connection with the cessation of —
a
the extraction of minerals by a borehole;
b
prospecting with a view to such extraction; or
c
prospecting by a borehole, other than a borehole drilled from within the underground workings of a mine which is in use, with a view to the extraction of minerals by means other than a borehole,
or to the preparation for sale, but not the processing, of extracted minerals at the place of any such activity or operation.
3
In these Regulations, unless the context otherwise requires —
a
a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; and
b
a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference occurs.
Application
3
1
These Regulations shall not apply to offshore installations or activities carried out from such installations.
2
These Regulations shall apply to a self-employed person as they apply to an employer and as if that self-employed person were both an employer and an employee.
Information to and general duties of the operator
4
1
Where the owner is not himself the operator of a borehole site, he shall furnish the operator with all information in his possession needed to enable the operator to perform his duties under these Regulations.
2
In addition to any other duties imposed on the operator by these Regulations, it shall be the duty of the operator —
a
to exercise overall control of the borehole site; and
b
to co-ordinate the measures taken by himself and every employer and self-employed person at the site to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions.
3
In relation to a borehole site, any duty imposed on an employer by these Regulations shall also be imposed on the operator in so far as it relates to matters under his control.
Co-operation
5
Every employer of persons at work at a borehole site (other than the operator) shall co-operate with the operator, to the extent necessary to enable him to comply with the relevant statutory provisions at the site.
Notice of the commencement of drilling operations and the abandonment of boreholes
6
1
In the case of petroleum, the operator of a borehole site shall ensure that no drilling operation, abandonment operation or other operation on a well which would make a significant alteration to it, or involve a risk of the accidental release of fluids from the well or reservoir, is commenced at that site unless he has notified to the Executive the particulars specified in Part I of Schedule 1 at least 21 days in advance, or such shorter time in advance as the Executive may agree.
2
The operator of a borehole site at which a borehole is intended to be drilled with a view to the extraction of minerals by mining shall not commence drilling such borehole unless he has notified to the Executive the particulars specified in Part II of Schedule 1 at least 21 days in advance, or such shorter time in advance as the Executive may agree.
3
Where a borehole (not being a borehole to which paragraph (1) or (2) relates) is being drilled within a mining area to a depth of 30 metres or more, the person entitled to drill the borehole, within 30 days after the commencement of its drilling, shall notify to the Executive the particulars specified in Part III of Schedule 1.
4
The operator of a borehole site at which a borehole, drilled with a view to the extraction of minerals by mining, is being abandoned shall, within 21 days after the commencement of its abandonment, notify to the Executive the particulars specified in Part IV of Schedule 1.
5
The operator of a borehole site or, in the case of particulars previously notified under paragraph (3), the person entitled to drill the borehole shall ensure that the Executive is notified as soon as reasonably practicable of any material change of circumstances which would affect particulars previously notified under paragraph (1), (2), (3) or (4).
6
Where, in pursuance of this regulation, plans and other documents have been sent to the Executive they shall be retained by the Executive or in accordance with arrangements approved by the Executive.
7
In paragraph (1) “petroleum” means any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata, but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation.
8
Subject to paragraph (9) and to any of the provisions imposed by the Communities in respect of the encouragement of improvements in the safety and health of workers at work, the Executive may, by a certificate in writing, exempt any person, borehole, borehole site, or class of persons, boreholes or borehole sites from any requirement or prohibition imposed by the preceding provisions of this regulation and any such exemption may be granted subject to conditions and with or without limit of time and may be revoked by a certificate in writing at any time.
9
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case and, in particular, to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
The health and safety document
7
1
No borehole operation shall be commenced at a borehole site unless the operator has ensured that a document (in these Regulations referred to as “the health and safety document”) has been prepared, which —
a
demonstrates that the risks to which persons at the borehole site are exposed whilst they are at work have been assessed in accordance with regulation 3 of the Management Regulations ;
b
demonstrates that adequate measures, including measures concerning the design, use and maintenance of the borehole site and of its plant, will be taken to safeguard the health and safety of the persons at work at the borehole site; and
c
includes a statement of how the measures referred to in sub-paragraph (b) will be co-ordinated.
2
In addition to the matters referred to in paragraph (1), the health and safety document shall also include where appropriate —
a
an escape plan with a view to providing employees with adequate opportunities for leaving work places promptly and safely in the event of danger and an associated rescue plan with a view to providing assistance where necessary;
b
a plan for the prevention of fire and explosions including in particular provisions for preventing blowouts and any uncontrolled escape of flammable gases and for detecting the presence of flammable atmospheres;
c
a fire protection plan detailing the likely sources of fire and the precautions to be taken to protect against, detect and combat the outbreak and spread of fire; and
d
in the case of a borehole site where hydrogen sulphide or other harmful gases are or may be present, a plan for the detection and control of such gases and for the protection of employees from them.
3
The operator shall ensure that the health and safety document is —
a
kept up to date and revised if the borehole site has undergone major changes (including natural changes), extensions or conversions; and
b
made available to each employer of persons at work at the site.
4
Each employer of persons at work at the site shall have regard to the health and safety document in meeting his obligations under the relevant statutory provisions.
5
In this regulation “the Management Regulations” means the Management of Health and Safety at Work Regulations 1992 .
Additional duties of the operator
8
1
The operator shall ensure that every workplace on a borehole site is designed, constructed, erected and maintained and has sufficient stability to afford adequate protection for employees and to withstand the environmental forces anticipated at the site.
2
The operator shall ensure that adequate means are provided and maintained for —
a
the prompt and swift escape and where necessary the rescue of employees from workplaces in the event of danger; and
b
communicating and giving warning when escape or rescue is necessary.
3
In this regulation “workplace” has the same meaning as in regulation 2(1) of the Workplace (Health, Safety and Welfare) Regulations 1992 .
Additional health and safety requirements
9
1
Subject to paragraph (2), it shall be the duty of every employer of persons at work on a borehole site to ensure that the additional health and safety provisions set out in Schedule 2 are applied as they are appropriate having regard to the nature and circumstances of the work carried on there and to the provisions of the health and safety document.
2
The additional health and safety requirements referred to in paragraph (1) shall apply without prejudice to the requirements of the other relevant statutory provisions relating to the borehole site.
Health surveillance
10
1
An employer of a person engaged in borehole operations shall ensure that he is provided with such health surveillance as is appropriate; and where that person is assigned to the work after the coming into force of these Regulations, the health surveillance shall be commenced before he is so assigned.
2
In this regulation “appropriate” means appropriate having regard to the nature and magnitude of the risks to the safety and health of the person referred to in paragraph (1).
Defence
11
In any proceedings for an offence under these Regulations, it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment.
1st August 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Unemployment, Sickness and Invalidity Benefit) Amendment Regulations 1995 and shall come into force on 25th September 1995.
2
In these Regulations, “the principal Regulations ” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 .
Amendment of regulation 7 of the principal Regulations
2
After paragraph (5A) of regulation 7 of the principal Regulations (days not to be treated as days of unemployment or incapacity for work), there shall be inserted the following paragraph —
5B
For the purposes of head (i) of sub-paragraph (g) and head (ii) of sub-paragraph (o) of paragraph (1) earnings shall not include any payment in the form of a retaining fee paid to a person under an agreement under which he is or may be required to engage in any of the tasks specified in paragraphs (a) or (b) of regulation 9.
Amendment of regulation 9 of the principal Regulations
3
In paragraph (b) of regulation 9 of the principal Regulations (persons deemed to be available for employment in employed earner’s employment), for the words “fireman in” there shall be substituted the words “member of”.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
22nd August 1995


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These rules may be cited as the Land Registration Rules 1995 and shall come into force on 3rd April 1995.
2
In these rules a rule referred to by number means the rule so numbered in the Land Registration Rules 1925 .
PART II
LAND HELD BY CHARITIES
2
1
In rule 60 the following paragraph shall be inserted after paragraph (4):
4A
Where the provisions of rule 61 do not apply to the conveyance, lease or other instrument by virtue of which the charity became entitled to the land the subject of the application for registration, that application shall be accompanied by a certificate as to the appropriate restriction which applies to the charity.
.
2
In rule 60(5) the words |doquote unless already provided in accordance with paragraph (4A) above dcquote| shall be inserted at the end.
Amendment to rule 124
3
In rule 124 the following paragraph shall be inserted after paragraph (6):
7
Where the charity trustees or the charity apply to the registrar to effect a change of trustees on the register they shall apply for the appropriate restriction to be entered unless it is already entered.
.
PART III
NOTICE OF DEPOSIT OF CERTIFICATE
Notices of deposit and notices of intended deposit
4
1
The following rule shall be substituted for Rule 239:
Notices of deposit and notices of intended deposit
239
1
Where:
a
a notice of deposit; or
b
a notice of intended deposit,
of the land certi fi cate or of a charge certi fi cate has been entered on the register prior to 3rd April 1995, such notice shall, whilst it remains uncancelled, operate as a caution under section 54 of the Act.
2
The provisions of section 66 of the Act, and of these rules, as respects the deposit of a charge certi fi cate, shall apply to the deposit of a certificate of subcharge in like manner.
2
In rule 166(1), the words “and may be used to create a lien by deposit” shall be deleted.
3
In Form 73 in the Schedule to the 1925 Rules the words “No lien shall be created by deposit of the land certificate.” shall be deleted.
4
Rules 240 to 243 are revoked.
PART IV
BUSINESS DAYS
New rule 323
5
The following rule shall be substituted for rule 323:
Business days
323
The Registry shall be open to the public daily except on Saturdays, Sundays, Christmas Day, Good Friday or any other day either declared by proclamation under section 1 of the Banking and Financial Dealings Act 1971 or appointed by the Lord Chancellor.
.
Mackay of Clashfern C
24th January 1995


text:
Citation and Commencement
1
These Regulations may be cited as the Medical Devices Fees Regulations 1995 and shall come into force on 17th October 1995.
Interpretation
2
In these Regulations, unless the context otherwise requires —
a
“the 1990 Directive ” means Council Directive 90/385/ EEC on the approximation of the laws of Member States relating to active implantable medical devices as amended by the 1993 Directive and by Council Directive 93/68/EEC ;
“the 1992 Regulations ” means the Active Implantable Medical Devices Regulations 1992 ;
“the 1993 Directive” means Council Directive 93/42/EEC concerning medical devices ;
“the 1994 Regulations ” means the Medical Devices Regulations 1994 ;
“active implantable device” means a device as defined in the 1992 Regulations;
“application for designation” means an application for designation as a notified body under regulation 8(1) of the 1992 Regulations or regulation 17(1) of the 1994 Regulations;
“device” means a device as defined in the 1994 Regulations;
“Group A device” means a Class I device, a Class IIa device or a Class IIb device other than an implantable or long term invasive device;
“Group B device” means a Class IIb implantable or long term invasive device, a Class III device or an active implantable device;
“half day” means a period of three and a half hours;
“material extension” means an extension —
to add or substitute tasks relating to:
active implantable devices in addition to or in substitution of tasks relating to other devices, or
devices which are materially different in technology from devices in connection with which they have already been designated tasks having regard to the risk they pose to the health and safety of patients and the skills needed to assess those risks,
to add or substitute tasks relating to the procedures specified in Annex 3 or 4 of the 1990 Directive or Annex III or IV of the 1993 Directive in addition to or in substitution of tasks relating to procedures specified in Annex 2 or 5 of the 1990 Directive or Annex II , V or VI of the 1993 Directive or vice versa,
to add or substitute tasks in relation to the procedures specified in Annex 3 of the 1990 Directive or Annex III of the 1993 Directive in addition to or in substitution of tasks relating to the procedures specified in Annex 4 of the 1990 Directive or Annex IV of the 1993 Directive,
to add or substitute tasks relating to the procedures specified in Annex 2 of the 1990 Directive or Annex II of the 1993 Directive in addition to or in substitution of tasks relating to the procedures specified in Annex 5 of the 1990 Directive or Annex V or VI of the 1993 Directive, or
to add or substitute tasks relating to the procedures specified in Annex V of the 1993 Directive in addition to or in substitution of tasks specified in Annex VI of the 1993 Directive;
“notice” means notice to the Secretary of State under regulation 7(1) of the 1992 Regulations or regulation 16(1) of the 1994 Regulations of the making available of a device for clinical investigation;
“the Table” means the table set out in the Schedule to these Regulations;
any other words and expressions used both in these Regulations and in the 1990 Directive or the 1993 Directive shall bear the same meaning in these Regulations as they bear in the relevant Directive;
a device shall be classified as belonging to Class I to III or as implantable or long term invasive in accordance with the criteria in Annex IX of the 1993 Directive;
fee described by reference to a number and letter means a fee provided for in column (3) of the Table in relation to that number and letter in column (1) of the Table.
Fees
3
Subject to the following provisions of these Regulations, the fee payable in connection with the services provided by the Department of Health in pursuance of the Secretary of State’s functions under the 1990 Directive and the 1993 Directive shall, in respect of each matter specified in column (2) of the Table be that specified in, or determined in accordance with, the entry relating to it in column (3) of the Table.
Exception
4
1
Subject to paragraph (2), no fee shall be payable in connection with services provided in respect of a notice relating to a device where the manufacturer has previously given notice in relation to that device.
2
A fee shall be payable where the investigation plan forming part of the statement accompanying the notice in accordance with regulation 7(1) of the 1992 Regulations or regulation 16(1)(a) of the 1994 Regulations differs from the plan submitted with the immediately preceding notice in that it includes: —
a
a change to the number of patients or devices forming the basis of the proposed trial,
b
a change or extension in the indications for use of the device or to the purpose or objectives of the trial,
c
a change in any of the materials used in the device that come into direct contact with the human body if the new materials are not known to be biocompatible,
d
a change in the design of the device involving a novel feature not previously tested being a change that has a direct effect on a vital physiological function.
Time for Payment
5
Fees 1(a) and (b) and 2(a) to (d) shall accompany the respective notice, application for designation or request for extension and any other fee shall be payable within one month of receipt of a written notice given by the Secretary of State requiring payment of the fee.
Withdrawals
6
1
Where: —
a
a notice is withdrawn within the period of 5 days beginning with the date of its receipt by the Secretary of State, or
b
an application for designation (other than one submitted only to address the grounds of rejection of a previous application) is withdrawn within the period of 21 days beginning with the date of its receipt by the Secretary of State,
the fee shall be fifty per cent of the fee otherwise payable on such notice or application.
2
Where a reduced fee becomes payable under paragraph (1), the difference between the amount of that fee and any other fee already paid in respect of the notice or application for designation which is being withdrawn shall be repaid by the Secretary of State.
Stephen Dorrell
One of Her Majesty’s Principal Secretaries of State
12th September 1995.
We consent to the making of these Regulations.
David Willetts
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury.
20th September 1995.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City and Hackney Community Services National Health Service Trust (Establishment) Order 1995 and shall come into force on 31st March 1995.
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 31st March 1995;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the City and Hackney Community Services 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 City and Hackney Community Services 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 Homerton Hospital, Homerton Row, London E9 6SR and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from St. Leonard’s Primary Care Centre, Nuttall Street, London N1 5LJ 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
There shall be included among the non-executive directors a person appointed from the University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date 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 East London and The City 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 East London and The City 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 East London and The City 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
20th March 1995


text:
1
The Birmingham City Council (Birmingham & Fazeley Canal Bridge) Scheme 1994 is hereby confirmed with modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY, and at the offices of the Birmingham City Council, Ingleby House, 11 — 14 Cannon Street, Birmingham B2 5EN.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as The Birmingham City Council (Birmingham & Fazeley Canal Bridge) Scheme 1994 Confirmation Instrument 1995.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director
Government Office for the North East
11th May 1995