text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Alteration of Requisite Calculations and Funds) Regulations 1994 and shall come into force on 8th February 1994.
Interpretation
2
In these Regulations “the 1992 Act ” means the Local Government Finance Act 1992.
Calculation of budget requirement by billing authorities
3
1
The constituents of the calculation to be made under section 32(2) of the 1992 Act are altered by substituting for paragraph (e) the following paragraph —
e
any amounts which it estimates will be transferred from its general fund to its collection fund pursuant to a direction under subsection (5) of section 98 of the 1988 Act and charged to a revenue account for the year, other than (in the case of an authority in England) any amounts which it estimates will be so transferred pursuant to a direction under that subsection relating to the difference between amounts in respect of community charges credited and charged to a revenue account for any earlier financial year.
.
2
The constituents of the calculation to be made under section 32(3) of the 1992 Act are altered as follows —
a
in paragraph (a), for the words “or additional grant” there shall be substituted the words “, additional grant or (in the case of an authority in England) the grant specified in paragraph 4 of the special grant report approved by a resolution of the House of Commons pursuant to section 88B of the 1988 Act on 3rd February 1994” ; and
b
for paragraph (b) there shall be substituted the following paragraph —
b
any amounts which it estimates will be transferred from its collection fund to its general fund pursuant to a direction under subsection (4) of section 98 of the 1988 Act and credited to a revenue account for the year, other than (in the case of an authority in England) any amounts which it estimates will be so transferred —
i
pursuant to a direction under that subsection relating to the difference between amounts in respect of community charges credited and charged to a revenue account for any earlier financial year; and
ii
in the case of the Common Council, pursuant to a direction under that subsection in respect of an amount calculated by reference to the provisional amount of its non-domestic rating contribution under Part II of Schedule 8 to that Act; and
.
Calculation of basic amount of tax
4
1
The constituents of the calculation required by item P in sections 33(1) and 44(1) of the 1992 Act are altered by substituting for the words “or additional grant” the words “, additional grant or (in the case of an authority in England) the grant specified in paragraph 4 of the special grant report approved by a resolution of the House of Commons pursuant to section 88B of the 1988 Act on 3rd February 1994”.
2
The constituents of the calculation required by item P in subsections (1) and (3) of section 33 of the 1992 Act are altered by substituting for subsection (3) the following subsections —
3
The aggregate of the sums mentioned in item P in subsection (1) above shall be increased or reduced by the amount calculated in accordance with the following formula, according to whether that amount is positive or negative
W + X ( Y + Z )
where
W is the amount of any sum which the authority estimates will be transferred in the year from its collection fund to its general fund in accordance with section 97(3) of the 1988 Act;
X in the case of an authority in Wales is nil and, in the case of an authority in England, is (subject to subsection (3A) below) the amount of any sum which the authority estimates will be —
transferred from its collection fund to its general fund pursuant to a direction under section 98(4) of that Act relating to the difference between amounts in respect of community charges credited and charged to a revenue account for any earlier financial year; and
credited to a revenue account for the year;
Y is the amount of any sum which the authority estimates will be transferred in the year from its general fund to its collection fund in accordance with section 97(4) of that Act;
Z in the case of an authority in Wales is nil and, in the case of an authority in England, is the amount of any sum which the authority estimates will be —
transferred from its general fund to its collection fund pursuant to a direction under section 98(5) of that Act relating to the difference between amounts in respect of community charges credited and charged to a revenue account for any earlier financial year; and
charged to a revenue account for the year.
3A
In the case of the Common Council, item X in subsection (3) above shall also include the amount of any sum which the Common Council estimates will be —
a
transferred from its collection fund to its City fund pursuant to a direction under section 98(4) of the 1988 Act in respect of an amount calculated by reference to the provisional amount of its non-domestic rating contribution under Part II of Schedule 8 to that Act; and
b
credited to a revenue account for the year.
.
Calculation of budget requirement by major precepting authorities
5
The constituents of the calculation to be made under section 43(3) of the 1992 Act are altered by amending section 43 as follows —
a
in subsection (3)(a), for the words “the 1988 Act; and” there shall be substituted the words “the 1988 Act, or (in the case of an authority in England) in respect of relevant special grant; and”; and
b
after subsection (6), there shall be inserted the following subsection —
6A
For the purposes of subsection (3)(a) above relevant special grant is the grant specified in paragraph 4 of the special grant report approved by a resolution of the House of Commons pursuant to section 88B of the 1988 Act on 3rd February 1994.
.
Revocation of Regulations
6
In consequence of the provisions of regulations 3(1) and (2)(b) above and 4(2) above, the Billing Authorities (Alteration of Requisite Calculations) (England) Regulations 1992 and regulations 2, 3 and 4 of the Billing Authorities (Alteration of Requisite Calculations and Transitional Reduction Scheme) (England) Regulations 1993 are hereby revoked.
Amendment of Regulations
7
In paragraph 5(g) of Part I of Schedule 2 to the Local Authorities (Funds) (England) Regulations 1992 for the words “the Collection Fund” to the end there shall be substituted the words “any direction made by the Secretary of State under section 98(4) and (5) of the 1988 Act relating to the difference between amounts in respect of community charges credited and charged to a revenue account for any earlier financial year.”.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
7th February 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 1994 and shall come into force on 24th May 1994.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
3
In this Act of Sederunt, “the Act of Sederunt 1993” means the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 .
Amendment of General Regulations
2
1
The General Regulations contained in Schedule 1 to the Act of Sederunt 1993 shall be amended in accordance with the following sub-paragraphs.
2
At the beginning of paragraph 11 of the General Regulations there shall be inserted “Subject to paragraph 14 of these General Regulations,”.
3
In sub-paragraphs (a) and (f) of paragraph 14 of the General Regulations, for the words “this Chapter” there shall be substituted the words “that Chapter”.
Amendment of Table of Fees
3
In Chapters I, II , III , IV and VI of the Table of Fees in the Schedule to the Act of Sederunt 1993, for the fees set out in column 2 of the Schedule to this Act of Sederunt as, applying to the paragraphs set out in column 1 of that Schedule, there shall be substituted the fees set out in column 3 of that Schedule; and the fees so substituted shall apply to work, for which those fees are chargeable, done on or after the date on which this Act of Sederunt comes into force.
Saving
4
The fees set out in column 2 of the Schedule to this Act of Sederunt shall continue to apply to work done before this Act of Sederunt comes into force.
J.A.D. Hope
Lord President, I.P.D.
Edinburgh,
21st April 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Trafford Healthcare National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Trafford Healthcare 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 Trafford Healthcare 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 Trafford General Hospital, Moorside Road, Daryhulme, Manchester M31 3SL and associated hospitals;
b
to manage community health services provided from Basford House, Stretford Memorial Hospital, Seymour Grove, Old Trafford, Manchester M16 0DU, and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Trafford 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 Trafford 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 Trafford 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:
1
This Order may be cited as the Education (Norwich School of Art and Design Further Education Corporation) (Transfer to the Higher Education Sector) Order 1994 and shall come into force on 1st October 1994.
2
On the date on which this Order comes into force Norwich School of Art and Design Further Education Corporation shall cease to be a further education corporation and shall become a higher education corporation.
Gillian Shephard
Secretary of State for Education
28th July 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (The Broads) Designation (Amendment) (No. 2) Order 1994 and shall come into force on 30th April 1994.
Revocation and interpretation
2
1
The Environmentally Sensitive Areas (The Broads) Designation (Amendment) Order 1994 is hereby revoked and the Environmentally Sensitive Areas (The Broads) Designation Order 1992 shall have effect as if the said Order of 1994 had never been made, subject, however, to the amendments made by the following provisions of this Order.
2
In this Order “the principal Order ” means the said Order of 1992 as it had effect immediately before the said Order of 1994 came into force.
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
Definitions
4
In article 2 of the principal Order —
1
before the definition of “agreement” there shall be inserted the following definition:
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 1A as to public access;
;
2
after the definition of “agreement” there shall be inserted the following definition:
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 5 which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
after the definition of “grassland” there shall be inserted the following definition:
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
.
Requirements to be included in an agreement
5
After article 4 of the principal Order there shall be inserted the following article:
4A
An agreement may include the requirements as to public access specified in Schedule 1A to this Order.
.
Rates of payment under agreement
6
1
After paragraph (1) of article 6 of the principal Order for “£125” there shall be substituted “£135”.
2
After paragraph (1) of article 6 of the principal Order there shall be inserted the following paragraph:
1A
Where an agreement includes the requirements as to public access specified in Schedule 1A the Minister shall make payments at a rate of £170 per annum for each hectare of access route.
.
3
In paragraph (2) of article 6 of the principal Order for the table there shall be substituted the following table:
£ per hectare of land per annum
Schedule 2 225 Schedule 3 300 Schedule 4 — Option 1 220 — Option 2 310
4
For paragraph (3) of article 6 of the principal Order, there shall be substituted the following paragraph:
3
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the operations included in the plan, subject to a maximum of £15,000 for each agreement.
.
Schedules
7
1
After Schedule 1 to the principal Order there shall be inserted the provisions of the Schedule to this order.
2
After paragraph 10 of Schedule 5 to the principal Order there shall be inserted the following paragraph:
11
The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 1A as to public access.
.
Saving
8
Paragraphs (1) and (3) of article 6 of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1994.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
18th March 1994.
We consent,
Irvine Patnick
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1994


text:
1
These Regulations may be cited as the Statistics of Trade (Customs and Excise) (Amendment) Regulations 1994 and shall come into force on 1st January 1995.
2
Regulation 3 of the Statistics of Trade (Customs and Excise) (Amendment No. 2) Regulations 1993 is hereby revoked.
3
The Statistics of Trade (Customs and Excise) Regulations 1992 shall be amended as follows.
4
In regulation 3(1) for “£140,000”, in each place where it occurs, there shall be substituted “£150,000”.
M. J. Eland
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
29th November 1994


text:
1
This Order may be cited as the A1033 Trunk Road (Hedon Road Improvement) Order 1994 and shall come into force on 2nd September 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 highways which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new road and the slip roads;
iii
“the plan” means the plan numbered HA 10 — YHCPD 57 marked “The A1033 Trunk Road (Hedon Road Improvement) Order 1994”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY; and
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 that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
R. R. Bineham
Deputy Director Yorkshire and Humberside Construction Programme Division
8th August 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment (No. 2) Regulations 1994 and shall come into force on 1st April 1994.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1989 .
Amendment of regulation 20 of the principal Regulations
2
In regulation 20 of the principal Regulations (redemption value of voucher for replacement or repair) —
a
in paragraph (1)(b), for “£36.90” there is substituted “£37.80”; and
b
in paragraph (3), for “£9.20” there is substituted “£9.60”.
Amendment of Schedules to the principal Regulations
3
1
In Schedule 1 to the principal Regulations (voucher letter codes and face values — supply and replacement), in column 3 (face value of voucher), for each amount specified in column 1 of the Table below there is substituted the amount specified in relation to it in column 2 of that Table.
TABLE
Column 1 Column 2 Old Amount New Amount
£24.40 £25.50 £38.40 £39.30 £52.40 £53.60 £102.80 £105.20 £42.10 £44.00 £55.50 £56.80 £66.80 £68.40 £113.00 (in both places where it appears) £115.70 £36.90 £37.80
2
In Schedule 2 to the principal Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances) —
a
in paragraph 1(1)(a) (prism — single vision lens), for “£4.70” there is substituted “£4.90”;
b
in paragraph 1(1)(b) (prism — other lens), for “£5.90” there is substituted “£6.10”;
c
in paragraph 1(1)(c) (single vision tinted lens), for “£2.40” there is substituted “£2.50”;
d
in paragraph 1(1)(d) (other tinted lens), for “£2.90” there is substituted “£3.00”;
e
in paragraph 1(1)(e) (small glasses) —
i
in sub-head (i), for “£40.50” there is substituted “£42.10”,
ii
in sub-head (ii), for “£36.00” there is substituted “£37.40”, and
iii
in sub-head (iii), for “£19.40” there is substituted “£20.20”;
f
in paragraph 1(1)(f) (photochromic lenses), for “£2.40” there is substituted “£2.50” and for “£2.90” there is substituted “£3.00”;
g
in paragraph 1(1)(g) (specially manufactured frame), for “£40.50” there is substituted “£42.10”;
h
in paragraph 2(a) (minimum complex appliance payment — single vision lenses), for “£4.10” there is substituted “£4.20”; and
i
in paragraph 2(b) (minimum complex appliance payment — other lenses), for “£22.20” there is substituted “£22.70”.
3
For Schedule 3 to the principal Regulations (voucher values — repair) there is substituted the Schedule 3 set out in the Schedule to these Regulations.
Application of these Regulations
4
The amendments made by these Regulations apply only in relation to a voucher —
a
accepted or used pursuant to regulation 12 or regulation 18 of the principal Regulations on or after 1st April 1994; or
b
provided to a health authority pursuant to regulation 14(2)(c) of the principal Regulations in respect of cost incurred on or after that date.
Signed by authority of the Secretary of State for Health
Brian Mawhinney
Minister of State,
Department of Health
2nd March 1994


text:
1
This Scheme shall come into force on 14th April 1994 and may be cited as the M5 Motorway (Junction 29 and the A30 Trunk Road Honiton to Exeter Improvement) (Slip Roads Special Roads) Scheme 1994.
2
For the purpose of connecting the motorway at Junction 29 with other highways, the Secretary of State is authorised to provide along the routes described in the schedule hereto special roads for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
3
The centre lines of the special roads are indicated by heavy black lines on the deposited plan.
4
The special roads shall become trunk roads on the date when this Scheme comes into force.
5
In this Scheme:
i
“the motorway” means the M5 Motorway;
ii
“the deposited plan” means the plan folio numbered HA16/1/SWM13, marked “The M5 Motorway (Junction 29 and the A30 Trunk Road Honiton to Exeter Improvement) (Slip Roads Special Roads) Scheme 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 special roads”means all the special roads which the Secretary of State is authorised by this Scheme to provide.
Signed by authority ofRegional Director the Secretary of State for Transport
S. T. McQuillin
South West Region
Department of Transport
30th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the United Leeds Teaching Hospitals National Health Service Trust (Establishment) Order 1994 and shall come into force on 1st April 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 ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the United Leeds Teaching 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 United Leeds Teaching 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 —
a
to own and manage hospital accommodation and services provided at Leeds General Infirmary, Great George Street, Leeds LS1 3EX and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from Leeds General Infirmary, Great George Street, Leeds LS1 3EX and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act one of the non — executive directors shall be appointed from the University of Leeds.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th December 1994


text:
Title and commencement
1
This Order may be cited as the Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) (Amendment No. 2) Order 1994 and shall come into force on 3rd January 1995.
Amendment
2
The Medicines (Veterinary Drugs) (Pharmacy and Merchants' List) Order 1992 shall be amended in accordance with the following articles.
3
In article 16 (Fees) after the words “the fee specified in” there shall be inserted the words “the third column of ”.
4
For Schedules 1 to 5 there shall be substituted the Schedules numbered 1 to 5 set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th December 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
7th December 1994
Signed by authority of the Secretary of State for Wales,
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
8th December 1994
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
7th December 1994
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this 8th day of December 1994
L.S.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland this 7th day of December 1994
L.S.
J. Murray
Permanent Secretary
We consent,
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
12th December 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (City of Westminster) Order 1994 and shall come into force on 4th July 1994.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
a reference in the Schedule to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in the Schedule to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in the Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.
Designation of special parking area
3
1
The Secretary of State hereby designates the City of Westminster as a special parking area except —
a
the roads named or described in Part I and Part II of the Schedule to this Order; and
b
St James’s Park, Green Park, Hyde Park, and those parts of Kensington Gardens and Regent’s Park which lie within the City of Westminster.
2
A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.
Modification of the Road Traffic Regulation Act 1984
4
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the City of Westminster as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection:
1A
In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (City of Westminster) Order 1994.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991, as they may require.
Modification of the Road Traffic Act 1991
5
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection: —
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other changes for London) shall have effect in relation to the City of Westminster as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act(application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
6th June 1994


text:
Citation and commencement
1
This Order may be cited as the Mid Essex Community Health National Health Service Trust Dissolution Order 1994 and shall come into force —
a
for the purposes of article 3 of this Order, on 24th March 1994;
b
for all other purposes, on 1st April 1994.
Dissolution of NHS trust
2
The Mid Essex Community Health National Health Service Trust established by the Mid Essex Community Health National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Revocation
3
The Mid Essex Community Health National Health Service Trust Dissolution Order 1993 is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
14th March 1994


text:
1
This Order may be cited as the A23 Trunk Road (Streatham High Road, Lambeth) (Prohibition of Right Turn) Order 1994 and shall come into force on 3rd September 1994.
2
In this Order:
“the trunk road” means that length of the A23 Trunk Road in the London Borough of Lambeth known as Streatham High Road; and
“London local service” has the meaning given in section 34(1) of the Transport Act 1985 .
3
1
The Lambeth (Prescribed Routes) ( No. 4) Traffic Order 1966 , shall be varied as follows.
2
Article 4 shall be omitted.
4
Save as provided in article 5 below, no person shall cause or permit any vehicle proceeding in the trunk road to make a right turn into Gleneldon Road.
5
Nothing in article 4 above shall apply —
a
to a public service vehicle being used in the provision of a London local service;
b
to a vehicle being used for police, ambulance or fire brigade purposes; or
c
to anything done with the permission or at the direction of a constable in uniform or of a traffic warden.
Signed by authority of the Secretary of State for Transport
P. J. Bevis
A Grade 6 Officer Highways Agency London Office
26th August 1994


text:
Citation and commencement
1
These Regulations may be cited as the General Product Safety Regulations 1994 and shall come into force on 3rd October 1994.
Interpretation
2
1
In these Regulations —
“the 1968 Act ” means the Medicines Act 1968 ;
“the 1987 Act ” means the Consumer Protection Act 1987 ;
“the 1990 Act ” means the Food Safety Act 1990 ;
“commercial activity” includes a business and a trade;
“consumer” means a consumer acting otherwise than in the course of a commercial activity;
“dangerous product” means any product other than a safe product;
“distributor” means any professional in the supply chain whose activity does not affect the safety properties of a product;
“enforcement authority” means the Secretary of State, any other Minister of the Crown in charge of a Government Department, any such department and any authority, council and other person on whom functions under these Regulations are imposed by or under regulation 11;
“general safety requirement” means the requirement in regulation 7;
“the GPS Directive ” means Council Directive 92/59/ EEC on general product safety ;
“the 1991 Order ” means the Food Safety (Northern Ireland) Order 1991 ;
“producer” means
the manufacturer of the product, when he is established in the Community, and includes any person presenting himself as the manufacturer by affixing to the product his name, trade mark or other distinctive mark, or the person who reconditions the product;
when the manufacturer is not established in the Community —
if the manufacturer does not have a representative established in the Community, the importer of the product;
in all other cases, the manufacturer’s representative; and
other professionals in the supply chain, insofar as their activities may affect the safety properties of a product placed on the market;
“product” means any product intended for consumers or likely to be used by consumers, supplied whether for consideration or not in the course of a commercial activity and whether new, used or reconditioned; provided, however, a product which is used exclusively in the context of a commercial activity even if it is used for or by a consumer shall not be regarded as a product for the purposes of these Regulations provided always and for the avoidance of doubt this exception shall not extend to the supply of such a product to a consumer;
“safe product” means any product which, under normal or reasonably foreseeable conditions of use, including duration, does not present any risk or only the minimum risks compatible with the product’s use, considered as acceptable and consistent with a high level of protection for the safety and health of persons, taking into account in particular —
the characteristics of the product, including its composition, packaging, instructions for assembly and maintenance;
the effect on other products, where it is reasonably foreseeable that it will be used with other products;
the presentation of the product, the labelling, any instructions for its use and disposal and any other indication or information provided by the producer; and
the categories of consumers at serious risk when using the product, in particular children,
and the fact that higher levels of safety may be obtained or other products presenting a lesser degree of risk may be available shall not of itself cause the product to be considered other than a safe product.
2
References in these Regulations to the “Community” are references to the European Economic Area established under the Agreement signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 .
Application and revocation
3
These Regulations do not apply to —
a
second-hand products which are antiques;
b
products supplied for repair or reconditioning before use, provided the supplier clearly informs the person to whom he supplies the product to that effect; or
c
any product where there are specific provisions in rules of Community law governing all aspects of the safety of the product.
4
The requirements of these Regulations apply to a product where the product is the subject of provisions of Community law other than the GPS Directive insofar as those provisions do not make specific provision governing an aspect of the safety of the product.
5
For the purposes of these Regulations the provisions of section 10 of the 1987 Act to the extent that they impose general safety requirements which must be complied with if products are to be —
i
placed on the market, offered or agreed to be placed on the market or exposed or possessed to be placed on the market by producers; or
ii
supplied, offered or agreed to be supplied or exposed or possessed to be supplied by distributors,
are hereby disapplied.
6
1
Sub-paragraph (ii) of paragraph (b) of sub-section (3) of section 10 of the 1987 Act is hereby repealed.
2
The Approval of Safety Standards Regulations 1987 are hereby revoked.
General safety requirement
7
No producer shall place a product on the market unless the product is a safe product.
Requirement as to information
8
1
Within the limits of his activity, a producer shall —
a
provide consumers with the relevant information to enable them to assess the risks inherent in a product throughout the normal or reasonably foreseeable period of its use, where such risks are not immediately obvious without adequate warnings, and to take precautions against those risks; and
b
adopt measures commensurate with the characteristics of the products which he supplies, to enable him to be informed of the risks which these products might present and to take appropriate action, including, if necessary, withdrawing the product in question from the market to avoid those risks.
2
The measures referred to in sub-paragraph (b) of paragraph (1) above may include, whenever appropriate —
i
marking of the products or product batches in such a way that they can be identified;
ii
sample testing of marketed products;
iii
investigating complaints; and
iv
keeping distributors informed of such monitoring.
Requirements of distributors
9
A distributor shall act with due care in order to help ensure compliance with the requirements of regulation 7 above and, in particular, without limiting the generality of the foregoing —
a
a distributor shall not supply products to any person which he knows, or should have presumed, on the basis of the information in his possession and as a professional, are dangerous products; and
b
within the limits of his activities, a distributor shall participate in monitoring the safety of products placed on the market, in particular by passing on information on the product risks and cooperating in the action taken to avoid those risks.
Presumption of conformity and product assessment
10
1
Where in relation to any product such product conforms to the specific rules of the law of the United Kingdom laying down the health and safety requirements which the product must satisfy in order to be marketed there shall be a presumption that, until the contrary is proved, the product is a safe product.
2
Where no specific rules as are mentioned or referred to in paragraph (1) exist, the conformity of a product to the general safety requirement shall be assessed taking into account —
i
voluntary national standards of the United Kingdom giving effect to a European standard; or
ii
Community technical specifications; or
iii
if there are no such voluntary national standards of the United Kingdom or Community technical specifications —
aa
standards drawn up in the United Kingdom; or
bb
the codes of good practice in respect of health and safety in the product sector concerned; or
cc
the state of the art and technology
and the safety which consumers may reasonably expect.
Enforcement
11
For the purposes of providing for the enforcement of these Regulations —
a
section 13 of the 1987 Act (prohibition notices and notices to warn) shall (to the extent that it does not already do so) apply to products as it applies to relevant goods under that section;
b
the requirements of these Regulations shall constitute safety provisions for the purposes of sections 14 (suspension notices), 15 (appeals against suspension notices), 16 (forfeiture: England, Wales and Northern Ireland), 17 (forfeiture: Scotland) and 18 (power to obtain information) of the 1987 Act;
c
i
subject to paragraph (ii) below a weights and measures authority in Great Britain and a district council in Northern Ireland shall have the same duty to enforce these Regulations as they have in relation to Part II of the 1987 Act, and Part IV, sections 37 and 38 and subsections (3) and (4) of section 42 of that Act shall apply accordingly;
ii
without prejudice to the provisions of paragraphs (a) and (b) above and sub-paragraph (i) above, insofar as these Regulations apply: —
aa
to products licensed in accordance with the provisions of the 1968 Act, it shall be the duty of the enforcement authority as defined in section 132(1) of the 1968 Act to enforce or to secure the enforcement of these Regulations and sections 108 to 115 and section 119 of and Schedule 3 to that Act shall apply accordingly as if these Regulations were regulations made under the said Act;
bb
in relation to food within the meaning of section 1 of the 1990 Act, it shall be the duty of each food authority as defined in section 5 of the 1990 Act to enforce or to secure the enforcement of these Regulations, within its area, in Great Britain and sections 9, 29, 30 and 32 of that Act shall apply accordingly as if these Regulations were food safety requirements made under the said Act and section 10 of that Act shall apply as if these Regulations were regulations made under Part II of that Act; and
cc
in relation to food within the meaning of article 2 of the 1991 Order, it shall be the duty of the relevant enforcement authority as provided for in article 26 of that Order to enforce or to secure enforcement of these Regulations in Northern Ireland and articles 8, 29, 30, 31 and 33 of that Order shall apply accordingly as if these Regulations were food safety requirements made under that Order and article 9 of that Order shall apply as if these Regulations were regulations made under Part II of that Order;
d
in sections 13(4) and 14(6) of the 1987 Act for the words “six months” there shall be substituted “three months”; and
e
nothing in this regulation shall authorise any enforcement authority to bring proceedings in Scotland for an offence.
Offences and preparatory acts
12
Any person who contravenes regulation 7 or 9(a) shall be guilty of an offence.
13
No producer or distributor shall —
a
offer or agree to place on the market any dangerous product or expose or possess any such product for placing on the market; or
b
offer or agree to supply any dangerous product or expose or possess any such product for supply,
and any person who contravenes the requirements of this regulation shall be guilty of an offence.
Defence of due diligence
14
1
Subject to the following paragraphs of this regulation, in proceedings against any person for an offence under these Regulations it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
Where in any proceedings against any person for such an offence the defence provided by paragraph (1) above involves an allegation that the commission of the offence was due —
a
to the act or default of another, or
b
to reliance on information given by another,
that person shall not, without leave of the court, be entitled to rely on the defence unless, not less than seven days before, in England, Wales and Northern Ireland, the hearing of the proceedings or, in Scotland, the trial diet, he has served a notice under paragraph (3) below on the person bringing the proceedings.
3
A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
4
It is hereby declared that a person shall not be entitled to rely on the defence provided in paragraph (1) above by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular —
a
to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
b
to whether he had any reason to disbelieve the information.
5
It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) above or by section 39(1) of the 1987 Act (defence of due diligence) if he has contravened regulation 9(b).
Liability of persons other than principal offender
15
1
Where the commission by any person of an offence to which regulation 14 above applies is due to the act or default committed by some other person in the course of a commercial activity of his, the other person shall be guilty of an offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1) above) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
Where a Scottish partnership is guilty of an offence under regulation 14 above (including where it is so guilty by virtue of paragraph (1) above) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner in the partnership, he, as well as the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Extension of the time for bringing summary proceedings
16
1
Notwithstanding section 127 of the Magistrates' Courts Act 1980 and article 19 of the Magistrates' Courts (Northern Ireland) Order 1981 , in England, Wales and Northern Ireland a magistrates' court may try an information (in the case of England and Wales) or a complaint (in the case of Northern Ireland) in respect of proceedings for an offence under regulation 12 or 13 above if (in the case of England and Wales) the information is laid or (in the case of Northern Ireland) the complaint is made within twelve months from the date of the offence.
2
Notwithstanding section 331 of the Criminal Procedure (Scotland) Act 1975 , in Scotland summary proceedings for an offence under regulation 12 or 13 above may be commenced at any time within twelve months from the date of the offence.
3
For the purposes of paragraph (2) above, section 331(3) of the Criminal Procedure (Scotland) Act 1975 shall apply as it applies for the purposes of that section.
Penalties
17
A person guilty of an offence under regulation 12 or 13 above shall be liable on summary conviction to —
a
imprisonment for a term not exceeding three months; or
b
a fine not exceeding level 5 on the standard scale;
or to both.
Duties of enforcement authorities
18
1
Every enforcement authority shall give immediate notice to the Secretary of State of any action taken by it to prohibit or restrict the supply of any product or forfeit or do any other thing in respect of any product for the purposes of these Regulations.
2
The requirements of paragraph (1) above shall not apply in the case of any action taken in respect of any second-hand product.
Ferrers
Minister of State
Department of Trade and Industry
5th September 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Deficiency on Winding Up etc.) Regulations 1994.
2
These Regulations come into force on 19th April 1994.
3
These Regulations apply to every occupational pension scheme which is not a money purchase scheme.
4
In these Regulations —
“ the Act ” means the Pension Schemes Act 1993;
“actuary” means —
a Fellow of the Institute of Actuaries,
a Fellow of the Faculty of Actuaries, or
a person with other actuarial qualifications who is approved by the Secretary of State as being a proper person to act for the purposes of section 144 of the Act.
Calculation of the value of scheme liabilities and assets
2
1
For the purposes of section 144(1) of the Act, the value of a scheme’s liabilities and assets are, subject to paragraphs (2) and (3), to be determined by being calculated and verified in accordance with the Guidance Note “Retirement Benefits Schemes — Deficiency on Winding Up (GN19)” jointly published on 1st April 1993, and revised with effect from 1st October 1993, by the Institute of Actuaries and the Faculty of Actuaries .
2
In calculating the value of the scheme’s liabilities, any provision of the scheme which limits the amount of its liabilities by reference to the amount of its assets is to be disregarded.
3
A determination under paragraph (1) must be certified by an actuary appointed by the trustees of the scheme in question as being in accordance with the guidance referred to in that paragraph.
Scheme which applies to more than one employer
3
In the application of section 144 of the Act to a scheme which applies to earners in employments under different employers and in respect of which there are members in pensionable service under the scheme —
a
that section is modified by adding, after subsection (1), the following subsections
1A
The amount of the debt due from each employer shall be such amount as, in the opinion of the actuary referred to in regulation 2(3) of the Occupational Pension Schemes (Deficiency on Winding Up etc.) Regulations 1994 , bears the same proportion to the deficiency under the scheme as the amount of the scheme’s liabilities attributable to employment with that employer (including liabilities in respect of any transfer credits allowed under the scheme in connection with employment with that employer) bears to the total amount of the scheme’s liabilities.
1B
Where a scheme which applies to earners in employments under different employers is divided into two or more sections and the provisions of the scheme are such that —
a
different sections of the scheme apply to different employers,
b
contributions payable to the scheme by an employer, or by an earner in employment under that employer, are allocated to that employer’s section, and
c
a specified part or proportion of the assets of the scheme is attributable to each section and cannot be used for the purposes of any other such section,
each section of the scheme shall be treated as a separate scheme for the purposes of this section.
;
and
b
section 144(3) is modified —
i
by substituting the following definition for the definition of “the applicable time” —
“the applicable time” means —
in relation to a scheme which is being wound up, any time —
after the commencement of the winding up, or, where on the 1st July 1992 a scheme was being wound up, on or after that date, and
before a relevant insolvency event occurs in relation to all of the employers to whom the scheme relates; and
in relation to a scheme which is not being wound up, each of the times on or after 1st July 1992 at which a relevant insolvency event occurs in relation to any of the employers to whom the scheme relates;
; and
ii
by substituting the following definition for the definition of “the employer” —
“the employer” means every employer of persons in the description or category of employment to which the scheme relates and includes any person who was an employer of such persons immediately before the scheme —
commenced winding up, or
if earlier, ceased to admit new members;
.
Scheme in respect of which there are no members in pensionable service
4
In the application of section 144 of the Act to a scheme in respect of which there are no members who are in pensionable service under the scheme —
a
that section is modified in the manner provided by regulation 3(b)(ii) above;
b
that section is further modified by inserting at the beginning of subsection (1) the words “Subject to the following provisions of this section,” and by adding immediately before subsection (2), the following subsections —
1C
Where by virtue of subsection (1) a debt (“the debt”) is due from the employer to the trustees of a scheme (“the original scheme”) and —
a
arrangements have been made by the employer and the trustees of the original scheme under which the employer will make contributions to another occupational pension scheme so as to enable that other scheme to pay benefits (“the replacement benefits”) to persons who have accrued rights under the original scheme in place of the benefits that would be payable under the original scheme,
b
contributions are made by the employer in accordance with those arrangements, and
c
the replacement benefits are broadly equivalent to the benefits payable under the original scheme which they replace,
then the debt shall not be recoverable.
1D
Where the arrangements referred to in subsection (1C) relate to part of the deficiency under the scheme then a corresponding part of the debt (“the relevant part”) shall not be recoverable.
1E
If the employer fails or ceases, in whole or in part, duly to make contributions in accordance with the arrangements referred to in subsection (1C), or a relevant insolvency event occurs in relation to that employer, the debt or, as the case may be, the relevant part of it, shall again be recoverable.
1F
Any amounts paid by the employer under arrangements to fund the provision of replacement benefits in accordance with subsection (1C) shall be offset against the debt or, as the case may be, the relevant part of the debt.
1G
Where arrangements have been made to which subsection (1C) relates, the trustees of the original scheme may assign all such rights and powers as they possess in relation to the debt, or, as the case may be, the relevant part of the debt, to the trustees or managers of the scheme providing the replacement benefits.
;
and
c
where there is more than one employer within the meaning of that term as modified by paragraph (a) above, that section is further modified in the manner provided by regulation 3(a) and (b)(i) above.
Revocations
5
The Occupational Pension Schemes (Deficiency on Winding Up etc.) Regulations 1992 are revoked.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,
Department of Social Security
23rd March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gateshead Healthcare 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 Gateshead Healthcare 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 Gateshead Healthcare 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 manage community health services provided from 3rd Floor, Aidan House, Tynegate Precinct, Sunderland Road, Gateshead, Tyne and Wear NE8 3EP and to own the associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of 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 Gateshead 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 Gateshead 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 Gateshead 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 South Bedfordshire Community Health Care National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 23rd March 1994.
2
In this Order —
“the Authority” means the South Bedfordshire Health Authority;
“the Trust” means the South Bedfordshire Community Health Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 31st March 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 23rd March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
1st March 1994


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2) Order 1994 Revocation Order 1994 and shall come into force at 18.00 hours on 12th August 1994.
Revocation
2
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.2) Order 1994 is hereby revoked.
A J Matheson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
12th August 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Furness 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 Furness 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 Furness 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 Furness General Hospital, Dalton Lane, Barrow in Furness, Cumbria LA14 4LF 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 South Cumbria 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 South Cumbria 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 Cumbria 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, commencement and extent
1
These Regulations may be cited as the Habitat (Former Set-Aside Land) 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;
“beneficiary” means a person whose application has been accepted;
“eligible land” means any land —
which has been set-aside land at any time within the period of thirteen months preceding the date of the commencement of the undertakings referred to in regulation 3;
which is not set-aside land on the date of the commencement of those undertakings;
which, after it has ceased to be set-aside land and before the date of the commencement of those undertakings, has not been cultivated with a view to agricultural production;
which, during the period when the land was set-aside land and during any subsequent period before the date of the commencement of those undertakings has, in the opinion of the Minister, been managed in such a way as to establish or protect a habitat which is valuable in terms of the diversity or rarity of wildlife; and
in respect of which no grant has been paid by the Minister under the Farm Woodland Scheme 1988 or the Farm Woodland Premium Scheme 1992 or by the Forestry Commissioners under the Woodland Grant Scheme;
“eligible person” means a person who on the date of the submission of his application occupies eligible land as an owner or tenant and who at the commencement of the management period will have so occupied that land for a period of at least twelve months;
“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;
“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 1st October in the year in which the application is accepted;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“set-aside land” means land set aside under the provisions of the Set-Aside Regulations 1988 ;
“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;
“wildlife” means —
any animal (other than a bird) which is ordinarily resident in England in a wild state;
any bird which is ordinarily resident in or is a visitor to England in a wild state; and
any plant which is of a kind which ordinarily grows in England in a wild state;
“the Woodland Grant Scheme” means the scheme made by the Forestry Commissioners and published in June 1988 under which the Forestry Commissioners enter into agreements to make grants pursuant to section 1 of the Forestry Act 1979 for aid in connection with the use and management of land for forestry purposes.
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 former set-aside land
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, other than for the management of reed beds; and
b
to manage that area of eligible land and any features bordering on that area in accordance with the requirements set out in the Schedule.
Applications for aid
4
An application for aid under these Regulations shall be made at such time and 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 during the period when the land was set-aside land and during any subsequent period;
c
proposals for a management plan relating to that land which set out the objective of the plan in terms of the maintenance, improvement or protection of a specified habitat which is valuable in terms of the diversity or rarity of wildlife and the methods by which he proposes to manage the land so as to achieve that objective; and
d
if required by th 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 she is satisfied that, having regard to the condition of the land at the time of the submission of the application, the management of the land in accordance with the applicant’s proposals for a management plan relating to that land will maintain, improve or protect a habitat which is valuable in terms of the diversity or rarity of wildlife.
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 in accordance with the proposed management plan contained in the application 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.
Amount and payment of aid
7
Subject to the provisions of these Regulations, payments of aid shall be made annually at a rate of £275 per hectare of land managed for the purpose of the maintenance, improvement or protection of a wildlife habitat.
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 provision 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 by 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 12th May 1994.
L.S.
Gillian Shephard
Minister of Agriculture, Fisheries and Food