text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Tavistock and Portman National Health Service Trust (Establishment) Order 1994 and shall come into force on 21st 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 21st 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 Tavistock and Portman 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 Tavistock and Portman 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 and teaching and research facilities provided from Tavistock Centre, 120 Belsize Lane, London NW3 5BA 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 London.
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 Camden and Islington 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 Camden and Islington 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 Camden and Islington 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
11th February 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Grantham and District Hospital National Health Service Trust (Establishment) Order 1994 and shall come into force on 22nd December 1994.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 22nd December 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Grantham and District Hospital 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 Grantham and District Hospital 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 The Grantham and Kesteven General Hospital, 101 Manthorpe Road, Grantham, Lincs NG31 8DG 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 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 Lincolnshire 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 Lincolnshire 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 Lincolnshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th December 1994


text:
Citation and commencement
1
These Regulations may be cited as the Private Medical Insurance (Disentitlement to Tax Relief and Approved Benefits) Regulations 1994 and shall come into force on 1st July 1994.
Interpretation
2
In these Regulations unless the context otherwise requires —
“the Board” means the Commissioners of Inland Revenue;
“contract” means a contract of private medical insurance;
“hospital” means —
any institution for the reception and treatment of persons suffering from illness;
any maternity home; or
any institution for the reception and treatment of persons during convalescence or of persons requiring medical rehabilitation;
and includes clinics, dispensaries and out-patient departments maintained in connection with any such home or institution;
“indemnity period” means the period, not exceeding one year, for which indemnity is provided under a contract;
“the insured” means any person insured under a contract;
“registered dental practitioner” —
in the United Kingdom, means a person registered in the dentists register under the Dentists Act 1984 , and
in a territory other than the United Kingdom, means a dental practitioner recognised as such by the law of that territory;
“registered medical practitioner” —
in the United Kingdom, means a registered medical practitioner within the meaning of Schedule 1 to the Interpretation Act 1978 , and
in a territory other than the United Kingdom, means a medical practitioner recognised as such by the law of that territory;
“section 54” and “section 55” mean sections 54 and 55 respectively of the Finance Act 1989 .
Circumstances of disentitlement to tax relief
3
1
In the circumstances prescribed by paragraph (2) below, an individual who has made a payment in respect of a premium under a contract shall cease to be, and shall be treated as not having been, entitled to relief under subsection (3) of section 54 in respect of that payment.
2
The circumstances prescribed by this paragraph are where —
a
at any time after the payment is made the contract is no longer an eligible contract for the purposes of section 54; or
b
the payment is refunded to the individual by the person to whom it was made.
3
In paragraph (2) above, “eligible contract” has the meaning given by section 55.
Recovery of tax from payee of premium
4
1
In the circumstances prescribed by paragraph (2) below, the person to whom a payment in respect of a premium under a contract was made by an individual, who by virtue of regulation 3 has ceased to be and is treated as not having been entitled to relief in respect of that payment, shall account to the Board for tax from which relief has been given on the basis that the individual was so entitled.
2
The circumstances prescribed by this paragraph are where —
a
the person to whom the payment was made has recovered from the Board an amount equal to an amount deducted and retained by the individual from that payment in accordance with subsection (5) of section 54; and
b
that amount has not been repaid to the Board.
Adaptation of section 30 of the Taxes Management Act 1970
5
1
In order to secure the performance of the obligation imposed by regulation 4, section 30 of the Taxes Management Act 1970 shall be adapted so that it applies to the tax for which a person to whom a payment has been made is to account to the Board in accordance with that regulation as it applies to tax which has been repaid to a person which ought not to have been repaid to him.
2
For the purposes of the adaptation required by paragraph (1) above, any reference in the said section 30 to the repayment of an amount of tax to any person which ought not to have been repaid to him shall be construed as including a reference to tax for which a person is to account to the Board in accordance with regulation 4.
Approved treatments and associated services
6
1
Subject to paragraph (5) below, the treatments, medical services and other matters the costs of which may, in the circumstances specified in paragraph (4) below, be indemnified under a contract are those specified in paragraph (2) below.
2
The treatments, medical services and other matters specified in this paragraph are —
a
treatment of the insured consisting of medical or surgical procedures (including diagnosis), the purpose of which is the relief of illness or injury,
b
services provided to the insured of any of the kinds specified in paragraph (3) below when they are associated with such treatment, and
c
drugs and dressings used in the course of such procedures or services.
3
The kinds of services specified in this paragraph are —
a
accommodation and other services (including nursing services) provided in a hospital where the insured is accommodated;
b
nursing services provided in the insured’s home;
c
accommodation provided for the purposes of convalescence for a period of not more than 14 days immediately following the discharge of the insured from a hospital where the insured has been accommodated;
d
transport by private ambulance (including transport of one other person where medically necessary) —
i
to or from a hospital where the insured is or has been accommodated, or
ii
to or from a place where accommodation is provided for the purposes of convalescence;
e
services consisting of —
i
physiotherapy,
ii
occupational therapy,
iii
speech therapy,
iv
chiropody and podiatry,
v
prosthesis, and
vi
orthopty,
including the provision of any equipment necessary for such services.
4
The circumstances specified in this paragraph are where —
a
treatment is given to the insured in a hospital as a resident or non-resident private patient by, or under the supervision of, a registered medical practitioner or registered dental practitioner, or
b
treatment consisting of surgical procedures performed by a registered medical practitioner providing personal medical services for persons in a particular locality is given to the insured as a private patient of that practitioner, or
c
services consisting of physiotherapy including the provision of any equipment necessary for physiotherapy are provided to the insured and are associated with treatment given to the insured by or under the supervision of a registered medical practitioner.
5
The treatments specified in this regulation do not include any treatment which, during the period of five years preceding the date the contract was entered into, has not been provided free by the Secretary of State under the National Health Service Act 1977 or the National Health Service (Scotland) Act 1978 , or by the Department of Health and Social Services for Northern Ireland under the Health and Personal Social Services (Northern Ireland) Order 1972 , more often than it has been provided in the United Kingdom otherwise than under any of those enactments.
6
For the purposes of this regulation —
a
a service is associated with treatment if it is provided for the purposes of that treatment or is consequent upon it;
b
references, however expressed, to the insured being accommodated in a hospital are references to the insured —
i
being accommodated in a hospital as a private patient in circumstances where he is charged for the accommodation, or
ii
being provided with treatment or services as a private patient in a hospital in circumstances where he is charged for the treatment or services;
c
transport by private ambulance includes transport by air ambulance.
7
In paragraphs (4) and (6) above “treatment” shall be construed in accordance with paragraph (2)(a) above, and in paragraph (6)(b)(ii) above “services” shall be construed in accordance with paragraph (2)(b) above.
Cash benefits
7
1
The rules within which a cash benefit provided under a contract is to fall are those specified in paragraph (2) below.
2
The rules specified in this paragraph are that the benefit may not exceed £5 for each night that the insured is accommodated in a hospital as a private patient in circumstances where he is charged for the accommodation.
Other rights
8
1
The other rights specified in this regulation which may be conferred by a contract are —
a
a right in the person making payments in respect of a premium under the contract to terminate the contract before the expiry of the indemnity period and to receive a refund of payments made in respect of the period following termination;
b
waiver by the insurer of the right to payment of a premium for any period in which the insured is receiving treatment the cost of which is indemnified under the contract;
c
a right in the person making payments in respect of a premium under the contract to receive a refund of payments made in respect of such a period as is referred to in paragraph (b) above; and
d
a right in the person making payments in respect of a premium under the contract to enter into a further contract at the end of the indemnity period.
2
In paragraph (1)(b) above “treatment” shall be construed in accordance with regulation 6(2)(a) above.
Revocations
9
1
The Private Medical Insurance (Disentitlement to Tax Relief and Approved Benefits) Regulations 1989 and the Private Medical Insurance (Disentitlement to Tax Relief and Approved Benefits) (Amendment) Regulations 1992 are hereby revoked.
2
Anything whatsoever begun under any regulation revoked by these Regulations may be continued under these Regulations as if begun under these Regulations.
Tim Wood
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
8th June 1994


text:
Citation
1
This Order may be cited as the Leasehold Reform, Housing and Urban Development Act 1993 (Commencement No. 4) Order 1994.
Interpretation
2
In this Order —
“the commencement date” means 1st April 1994;
“ the Corporation ” means the English Industrial Estates Corporation; and
“the 1993 Act ” means the Leasehold Reform, Housing and Urban Development Act 1993.
Commencement
3
The following provisions of the 1993 Act shall come into force on the commencement date —
so much of section 132 as was not brought into force on 10th November 1993, section 184, and
section 187(2) in so far as it relates to the repeal of the English Industrial Estates Corporation Act 1981 .
Transitional provisions
3
Anything which before the commencement date was in the process of being done by, or in relation to, the Corporation, including anything done in relation to legal proceedings, may be continued after that date by or in relation to the Agency.
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
25th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Westcountry Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th February 1994.
2
In this Order —
“the Authority” means the Somerset Health Authority;
“the Trust” means the Westcountry Ambulance Service 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 28th June 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th February 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
12th January 1994


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
This Order, which may be cited as the Housing Benefit and Council Tax Benefit (Subsidy) Order 1994, shall come into force on 31st March 1994.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Social Security Administration Act 1992;
“period overrun” has the meaning assigned to it by paragraph 1 of Schedule 4;
“relevant year” means the year ending 31st March 1994;
“the 1991 Order ” means the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 ;
“the 1992 Order ” means the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992 ;
“the 1993 Order ” means the Housing Benefit and Community Charge Benefit (Subsidy) (No.2) Order 1993 .
3
In this Order, a reference to a numbered article or Schedule is to the article in, or Schedule to, this Order bearing that number and, unless the context otherwise requires, a reference in an article or a Schedule to a numbered paragraph or Part is to the paragraph or Part, as the case may be, bearing that number in that article or that Schedule.
PART II
HOUSING BENEFIT SUBSIDY
Interpretation of Part II
2
1
In this Part of this Order, unless the context otherwise requires —
“the 1982 Act ” means the Social Security and Housing Benefits Act 1982 ;
“allowance” means a rent allowance;
“authority” means a housing or, as the case may be, local authority;
“board and lodging accommodation” means —
accommodation provided for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which are both cooked or prepared and consumed in that accommodation or associated premises; or
accommodation provided in a hotel, guest house, lodging house or some similar establishment,
but it does not include accommodation in a residential care home or nursing home within the meaning of regulation 19(3) of the Income Support (General) Regulations 1987 nor in a hostel within the meaning of regulation 12A of the Housing Benefit Regulations ;
“housing benefit subsidy” means subsidy under section 135(1) of the Act (rate rebate, rent rebate and rent allowance subsidy payable) and under section 30(1A) of the Social Security Act 1986 (community charge rebate subsidy payable);
“rebate” means a rent rebate excluding, in the case of England and Wales, any Housing Revenue Account rebates ;
“relevant date” has the meaning it is given for the purposes of Schedule 6 in paragraph 7 of that Schedule;
“scheme” means the housing benefit scheme as defined in section 123 of the Social Security Contributions and Benefits Act 1992 ;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Rent Officers Order ” means the Rent Officers (Additional Functions) Order 1990 or, as the case may be, the Rent Officers (Additional Functions) (Scotland) Order 1990 ;
“termination date” has the meaning it is given for the purposes of Schedule 6 in paragraph 8 of that Schedule,
and other expressions used in this Order and in the Housing Benefit Regulations shall have the same meanings in this Order as in those Regulations.
2
In this Part of this Order —
“housing benefit qualifying expenditure” means the total of rebates and allowances granted by the authority during the relevant year, less —
the deductions specified in article 11; and
where, under subsection (8) of section 134 of the Act (arrangements for housing benefit), the authority has modified any part of the scheme administered by it, any amount by which the total of the rebates or allowances which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had not been so modified.
Amount of housing benefit subsidy
3
The amount of an authority’s housing benefit subsidy for the relevant year —
a
for the purposes of section 135(2) of the Act (subsidy in respect of rebates or allowances) shall be the amount or total of the amounts calculated in accordance with article 4;
b
for the purposes of section 135(5) of the Act (subsidy in respect of the costs of administering housing benefit) may include an additional sum in respect of the costs of administering housing benefit calculated in accordance with Schedules 1 and 2.
Rebates and allowances
4
1
Subject to any adjustment in accordance with paragraph (3), for the purposes of section 135(2) of the Act, an authority’s housing benefit subsidy for the relevant year shall, subject to paragraph (2), be —
a
in the case of an authority to which articles 5, 6, 7, 8 and 9 do not apply, 95 per cent.of its housing benefit qualifying expenditure;
b
in the case of an authority to which at least one of those articles is relevant an amount equal to the aggregate of —
i
95 per cent.of so much of its housing benefit qualifying expenditure as remains after deducting from total qualifying expenditure the amount of expenditure attributable to the rebates or allowances to which each of those articles which is relevant applies; and
ii
the appropriate amount calculated in respect of the rebates or allowances under each such article,
plus, in each case, the additions, where applicable, under article 10 but subject, in each case, to the deduction, where applicable, under article 12.
2
Where the authority is the Scottish Homes or a new town corporation in Scotland, its housing benefit subsidy for the relevant year shall include a further sum being —
a
in the case of an authority to which sub-paragraph (a) of paragraph (1) applies, 5.5 per cent.of its housing benefit qualifying expenditure, but subject to the relevant maximum specified in column (2) of Schedule 3; or
b
in the case of an authority to which sub-paragraph (b) of paragraph (1) applies, 5.5 per cent.of so much of its housing benefit qualifying expenditure as remains after the deductions set out in paragraph (1)(b)(i), but subject to the relevant maximum specified in column (2) of Schedule 3.
3
Where, during the relevant year there is a period overrun in respect of either rebates or allowances, or both, then the housing benefit subsidy for the authority for that year shall be adjusted by the deduction from the subsidy otherwise due under this article of —
a
an amount equal to the percentage, as calculated in accordance with paragraph 2 of Schedule 4, of that part of the housing benefit qualifying expenditure for that authority attributable to expenditure in respect of allowances to the extent that the overrun relates to allowances; and
b
an amount equal to the percentage, as calculated in accordance with paragraph 3 of Schedule 4, of that part of the housing benefit qualifying expenditure for that authority attributable to expenditure in respect of rebates to the extent that the overrun relates to rebates.
Backdated benefit
5
1
Subject to paragraph (2), where —
a
during the relevant year an authority has, under paragraph (15) of regulation 72 of the Housing Benefit Regulations, treated any claim for a rebate or allowance as made on a day earlier than that on which it is made; and
b
any part of that authority’s housing benefit qualifying expenditure is attributable to such earlier period,
for the purposes of article 4(1)(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 50 per cent.of the housing benefit qualifying expenditure so attributable.
2
This article shall not apply in a case to which article 10(1)(b)(ii) applies.
Disproportionate rent increase
6
1
Except in a case to which paragraph (6) or (7) applies, and for the purposes of article 4(1)(b)(ii), where the average rent increase differential, as calculated in accordance with paragraph (4), for an appropriate authority has a value greater than zero, the appropriate amount for such part of the housing benefit qualifying expenditure as is attributable to rent rebates granted during the relevant year shall be 25 per cent.of that portion of the housing benefit qualifying expenditure as is determined in accordance with paragraph (4).
2
For the purposes of paragraphs (3) and (4) —
a
the value of C shall be determined by dividing B by A where —
A is the average rent charged by the authority to Category A tenants on the first relevant date, and
B is the average rent charged by the authority to Category B tenants on the second relevant date;
b
the value of F shall be determined by dividing E by D where —
D is the average rent for Category B tenants on the first relevant date, and
E is the average rent for Category B tenants on the second relevant date;
c
the value of I shall be determined by dividing H by G where —
G is the average rent charged by the authority in respect of Category 1 dwellings on the second relevant date, and
H is the average rent charged by the authority in respect of Category 1 dwellings on the third relevant date; and
d
the value of L shall be determined by dividing K by J where —
J is the average rent charged by the authority in respect of Category 2 dwellings on the second relevant date, and
K is the average rent charged by the authority in respect of Category 2 dwellings on the third relevant date.
3
In this article the average rent increase differential for each appropriate authority shall be calculated by applying the formula —
(
C
×
I
)
-
(
F
×
L
)
where
C, F, I and L each has the value determined in accordance with paragraph (2).
4
The portion of housing benefit qualifying expenditure attributable to rent rebates granted during the relevant year and referred to in paragraph (1), shall be determined by dividing the average rent increase differential by the product of (F x L), where F and L have the values given to them in paragraph (2) respectively.
5
In this article —
“average” means the arithmetic mean;
“Category A tenants” means tenants of the authority, other than a specified person, who on the first and second relevant dates were in receipt of rent rebates and were resident at the same address on both dates;
“Category B tenants” means tenants of the authority, other than a specified person, who were not in receipt of rent rebates on the first and second relevant dates but were resident at the same address on both dates;
“Category 1 dwellings” means dwellings rented out by the authority on both the second and the third relevant dates in respect of which, on the third relevant date, the persons, other than a specified person, liable to pay such rent were in receipt of rent rebates;
“Category 2 dwellings” means dwellings rented out by the authority on both the second and the third relevant dates in respect of which, on the third relevant date, the persons, other than a specified person, liable to pay such rent were not in receipt of rent rebates;
“first relevant date” means a date, other than a day falling in a rent free period, determined by the authority, occurring in March 1989;
“second relevant date” means the 11th November 1991;
“third relevant date” means the date in March 1994 which corresponds to the first relevant date, but if the date in March 1994 falls in a rent free period the date in March which is closest to it and which does not fall in a rent free period;
“rent” means either- —
the payments specified in sub-paragraphs (a) to (j) in paragraph (1) of regulation 10 of the Housing Benefit Regulations (rent) ; or
the eligible rent,
as the authority may determine, provided that wherever the expression “rent” occurs in paragraph (2) it has the same meaning throughout in relation to that authority; and
“a specified person” means a person required to pay an amount to an authority under section 35(2)(b) of the Housing (Scotland) Act 1987 for accommodation which is board and lodging accommodation.
6
This article shall not apply in a case to which article 9 applies.
7
In England and Wales this article shall only apply to expenditure attributable to rent rebates granted by new town corporations and the Development Board for Rural Wales.
Treatment of high rents
7
1
Subject to paragraphs (3) and (4), where any part of the housing benefit qualifying expenditure of an authority within an area listed in column 1 of Schedule 5 is attributable to any allowance granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that area in column 2 of that Schedule, for the purposes of article 4(1)(b)(ii), the appropriate amount in respect of that allowance shall be calculated in accordance with paragraph (2).
2
Where paragraph (1) applies- —
a
if the allowance granted is the same as or is less than the excess of eligible rent over the threshold, the appropriate amount shall be 25 per cent.of that part of the housing benefit qualifying expenditure attributable to such allowance;
b
if the allowance granted is greater than the excess of the eligible rent over the threshold, the appropriate amount shall be 25 per cent.of that part of the housing benefit qualifying expenditure attributable to such allowance which is equal to the excess, and 95 per cent.of that part of the housing benefit qualifying expenditure attributable to the balance.
3
Paragraph (1) shall not apply to an allowance payable by an authority in respect of rents which exceed the threshold —
a
which are registered in respect of a dwelling under Part IV, V or VI of the Rent Act 1977 or Part V, VI or VII of the Rent (Scotland) Act 1984 or which have been determined by a rent assessment committee in respect of a dwelling under Part I of the Housing Act 1988 or Part II of the Housing (Scotland) Act 1988 ; or
b
which have been referred to the rent officer under the Rent Act 1977 or the Rent (Scotland) Act 1984 but not registered by him because he is satisfied that the rent is at or below the fair rent level; or
c
where a rent assessment committee has not made a rent determination because they are satisfied that the rent is at or below the fair rent level and a rent officer is not required to make a determination under paragraph 7(2) of Schedule 1 to the Rent Officers Order ; or
d
where the relevant tenancy is one to which, before 15th January 1989, the provisions of sections 56 to 58 of the Housing Act 1980 (assured tenancies) applied; or
e
where the relevant dwelling is situated within the area of a housing action trust established under Part III of the Housing Act 1988 (Housing Action Trust Areas); or
f
where the dwelling is an excluded tenancy by virtue of paragraph 3 or 10 of Schedule 1A to the Housing Benefit Regulations (excluded tenancies).
4
This article shall not apply in a case to which article 8 applies.
Rent officers' determinations
8
1
Where this article applies, in respect of that part of the housing benefit qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, the appropriate amount, for the purposes of article 4(1)(b)(ii), shall be calculated in accordance with Schedule 6.
2
This article applies where —
a
an authority applies to a rent officer for a determination to be made under the Rent Officers Order in relation to a dwelling; and
b
the officer makes a determination under that Order.
3
Except in a case to which paragraph (4) applies, this article also applies where an authority is required to apply for a determination in relation to a dwelling during the relevant year under regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers) which a rent officer would be required to make, but the authority fails to apply for that determination.
4
This paragraph applies in a case where —
a
the dwelling (A) is in a hostel; and
b
by virtue of regulation 12A(2) of the Housing Benefit Regulations an application for a determination in respect of that dwelling (A) is not required because the dwelling is regarded as similar to another dwelling (B) in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling (B) shall, for the purposes of this article, be treated as if it were a determination in respect of dwelling (A).
5
This article also applies where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of paragraph 2 of Schedule 1A to the Housing Benefit Regulations (excluded tenancies) a new determination is not required in respect of another tenancy of the dwelling, and in such a case the determination made shall, for the purposes of this article, be treated as if it were a determination made in respect of that tenancy.
6
Where a determination as to the rent which a landlord might reasonably be expected to obtain in respect of a dwelling is made by a rent assessment committee following a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order, this article shall cease to apply in so far as it relates to a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order from the date on which the rent assessment committee’s determination takes effect.
7
Where no determination as to the rent which a landlord might reasonably be expected to obtain in respect of a dwelling is required to be made by the rent officer in accordance with article 5(2) of the Rent Officers Order this article shall cease to apply in so far as it relates to a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order from the date of the application to the rent assessment committee, or 1st April 1993, whichever is the later date.
Homeless cases
9
1
Where paragraph (3) applies, any part of the housing benefit qualifying expenditure of an authority within an area listed in column (1) of Schedule 7 attributable to any rebate granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that area in column (2) of that Schedule, then for the purposes of article 4(1)(b)(ii), the appropriate amount in respect of that rebate shall be calculated in accordance with paragraph (2).
2
Where paragraph (1) applies —
a
if the rebate granted is the same as or is less than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be —
i
in the case of rebates granted in respect of rents specified in paragraph (3)(d), nil per cent.of that part of the housing benefit qualifying expenditure attributable to such rebates; and
ii
in the case of rebates granted in respect of rents specified in paragraph (3)(a) to (c), 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such rebates;
b
if the rebate granted is greater than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be —
i
in the case of rebates granted in respect of rents specified in paragraph (3)(d), nil per cent.of that part of the housing benefit qualifying expenditure attributable to such rebates which is equal to the excess; and
ii
in the case of rebates granted in respect of rents specified in paragraph (3)(a) to (c), 25 per cent.of that part of the housing benefit qualifying expenditure attributable to such rebates which is equal to the excess,
and 95 per cent.of that part of the housing benefit qualifying expenditure attributable to the balance.
3
This paragraph applies where a rebate is payable by an authority in respect of rents which exceed the threshold, which —
a
a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985 or section 35(2)(b) of the Housing (Scotland) Act 1987 , as the case may be, for board and lodging accommodation made available to that person;
b
a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985 or section 35(2)(b) of the Housing (Scotland) Act 1987, as the case may be, for accommodation, which the authority holds on a licence agreement from a landlord, made available to that person;
c
a person is required to pay to an authority for accommodation outside the Housing Revenue Account, which the authority holds on a lease granted for a term not exceeding 3 years, made available to that person;
d
in the case of Scotland, a person is required to pay to an authority for accommodation within the Housing Revenue Account, which the authority holds on a lease granted for a term not exceeding 3 years, made available to that person.
Additions to housing benefit subsidy
10
1
Subject to paragraphs (8) and (9), the additions referred to in article 4(1) are —
a
where following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, an authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent.of the amount of the duplicate payments;
b
subject to paragraphs (2) and (3), where during the relevant year it is discovered that an overpayment of rebate or allowance has been made and an amount is to be deducted under article 11 in relation to that overpayment, an amount equal to —
i
in the case of an overpayment caused by departmental error, 95 per cent.of so much of the overpayment as has not been recovered by the authority;
ii
in the case of a fraudulent overpayment 95 per cent.of the overpayment; or
iii
except where head (i) or (ii) applies, 25 per cent.of the overpayment.
2
The amount under paragraph (1)(b) shall not include an amount in relation to —
a
an overpayment caused by an error of the authority making the payment, or
b
any technical overpayment.
3
Where an overpayment is caused by departmental error, but the overpayment is recovered by the authority, no addition shall be applicable to the authority in respect of that overpayment.
4
In paragraph (1)(b)(i), in paragraph (3), in article 11(1)(f) and in article 14(2)(a) “overpayment caused by departmental error” means an overpayment caused by a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department of Employment, acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with sections 38(1), 40(1), 51(1) and 52(1) of the Act (appointment of adjudication officers, chairmen and members of social security appeal tribunals and Commissioners) where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.
5
In paragraph (1)(b)(ii), in article 11(1)(g) and in paragraph 4 of Schedule 1 “fraudulent overpayment” means an overpayment in respect of a period falling wholly or partly after 31st March 1993 and which —
a
is so classified by an officer of the authority, designated for that purpose by the authority, after that date; and
b
occurs as a result of the payment of a rebate or allowance arising in consequence of —
i
a breach of section 112 of the Act (false representations for obtaining benefit), or
ii
knowingly failing to report a relevant change of circumstances, contrary to the requirements of regulation 75 of the Housing Benefit Regulations (duty to notify change of circumstances), with intent to obtain or retain such a rebate or allowance for himself or another.
6
In paragraph (2)(a) and in article 13(2)(b) “overpayment caused by an error of the authority making the payment” means an overpayment caused by a mistake made or something done or omitted to be done by that authority, where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.
7
In paragraph (2)(b) “technical overpayment” means that part of an overpayment which occurs as a result of a rebate being granted in advance and —
a
a change in circumstances reduces or eliminates entitlement to that rebate; or
b
the authority subsequently identifies a recoverable overpayment which does not arise from a change in circumstances,
but shall not include any part of that overpayment occurring before the benefit week following the week in which the change is disclosed to or identified by the authority.
8
Except for paragraphs (1)(b)(ii) and (5), this article shall not apply to that part of any rebate or allowance in respect of a case to which paragraph (15) of regulation 72 of the Housing Benefit Regulations (time and manner in which claims are to be made) applies.
9
Any reference in this article to an overpayment shall not include any rebate or allowances for any period overrun or other period immediately following expiry of the specified period determined under regulation 66 of the Housing Benefit Regulations except for so much of any rebate or allowance to which the claimant would not have been entitled had a claim for that period been duly made and determined.
Deductions to be made in calculating housing benefit subsidy in respect of rebates or allowances
11
1
The deductions referred to in article 2(2)(a) are, subject to paragraph (2), to be of the following amounts where —
a
a tenant of an authority, who is in receipt of a rent rebate, while continuing to occupy, or when entering into occupation of, a dwelling as his home, either under his existing tenancy agreement or by entering into a new tenancy agreement —
i
is during, or was at any time prior to, the relevant year able to choose whether or not to be provided with any services, facilities or rights and chooses or chose to be so provided; or
ii
is during, or was at any time prior to, the relevant year able to choose either to be provided with any services or facilities or, whether or not in return for an award or grant from the authority, to provide such services or facilities for himself; or
iii
would be able during, or would have been able at any time prior to, the relevant year to exercise the choice set out in sub-paragraph (i) or (ii) of this paragraph if he were not or had not at that time been in receipt of a rent rebate,
the amounts attributable during the relevant year to such services, facilities or rights whether they are or would be expressed as part of the sum fixed as rent, otherwise reserved as rent or expressed as an award or grant from the authority;
b
during the relevant year a person becomes entitled to a rent-free period which has not been, or does not fall to be, taken into account in calculating the amount of rent rebate to which he is entitled under the Housing Benefit Regulations, the amount of rebate which is or was payable to him in respect of such rent free period;
c
during the relevant year an award in the form of a payment of money or monies worth, a credit to the person’s rent account or in some other form is made by an authority to one of its tenants in receipt of rent rebate, whether or not the person is immediately entitled to the award, the amount or value of the award, but no such deduction shall be made in respect of an award —
i
made to a tenant for a reason unrelated to the fact that he is a tenant;
ii
made under a statutory obligation;
iii
made under section 137 of the Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised);
iv
except where sub-paragraph (a)(ii) applies, made as reasonable compensation for reasonable repairs or redecoration the tenant has, or has caused to be, carried out whether for payment or not and which the authority would otherwise have carried out or have been required to carry out; or
v
of a reasonable amount made as compensation for loss, damage or inconvenience of a kind which occurs only exceptionally suffered by the tenant by virtue of his occupation of his home;
d
during the relevant year the weekly amount of rebate or allowance is increased pursuant to paragraph (8) of regulation 69 of the Housing Benefit Regulations, the amount of such increase;
e
subject to article 13, during the relevant year it is discovered that a rebate or allowance has been paid under the 1982 Act in excess of entitlement, the amount of such excess;
f
during the relevant year an amount is recovered in relation to an overpayment of a rebate or allowance which was caused by departmental error, within the meaning of article 10(4), the amount so recovered where the overpayment had occurred and been discovered in a year earlier than the relevant year;
g
during the relevant year a fraudulent overpayment, within the meaning of article 10(5), is identified, the amount of the overpayment;
h
subject to sub-paragraphs (f) and (g) of paragraph 1(1), during the relevant year it is discovered that an overpayment of rebate or allowance has been made, the amount of such overpayment, but only to the extent that —
i
the amount of overpayment or any part of it has not been deducted from qualifying expenditure under article 3 of the Housing Benefit (Subsidy) Order 1989 or of the Housing Benefit (Subsidy) Order 1990 or under article 4 of respectively the 1991 Order, the 1992 Order or the 1993 Order, as the case may be; and
ii
the amount of the overpayment or any part of it does not include an amount to which paragraph (15) of regulation 72 of the Housing Benefit Regulations or paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989 , or as the case may be, paragraph (18) of regulation 59 of the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988 (time and manner in which claims are to be made) applied;
i
during the relevant year any instrument of payment issued by an authority during that year is returned to that authority without being presented for payment or is found by that authority to have passed its date of validity without being presented for payment, the amount of any such instrument.
2
Where in relation to any amount of a rebate or allowance a deduction falls to be made under two or more sub-paragraphs of paragraph (1) only the higher or highest, or, where the amounts are equal, only one amount, shall be deducted.
Deduction from housing benefit subsidy
12
Where during the relevant year it is found by an authority that any instrument of payment issued by it during the period of 5 years ending on 31st March 1993 has been returned to that authority without having been presented for payment or has passed its date of validity without having been presented for payment, the deduction referred to in article 4(1) shall be the amount of any housing benefit subsidy that has been paid to that authority in respect of any such instrument.
Modification of housing benefit subsidy on payments in excess of entitlement
13
1
Notwithstanding any provision made under the 1982 Act in respect of housing benefit paid in excess of entitlement under that Act, where an overpayment of such benefit to which any such provision applies made in a certificated case is discovered in the relevant year, an authority’s housing benefit subsidy in respect of such a payment shall be calculated as set out in paragraph (2).
2
The amount of that subsidy shall be —
a
in the case of an overpayment caused by departmental error, within the meaning of article 10(4), 95 per cent.of so much of the overpayment as has not been recovered by the authority; and
b
except in the case of an overpayment falling within head (a), other than an overpayment caused by an error of the authority making the payment, within the meaning of article 10(6), 25 per cent.of the overpayment.
3
In paragraph (1) “certificated case” has the meaning assigned to that expression by regulation 2(1) of the Housing Benefit Regulations 1985 (interpretation) as previously in force.
PART II
I COUNCIL TAX BENEFIT SUBSIDY
Interpretation of Part III
14
1
In this Part of this Order, unless the context otherwise requires —
“appropriate authority” means, in the case of an authority in England or Wales, a billing authority to which section 139(2) of the Act (arrangements for benefits) refers or, in the case of an authority in Scotland, a levying authority to which section 139(3) of the Act refers;
“council tax benefit subsidy” means subsidy under section 140 of the Act;
“the Community Charge Benefits Regulations ” means the Community Charge Benefits (General) Regulations 1989 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
and other expressions used in this Order and in the Community Charge Benefits Regulations or the Council Tax Benefit Regulations, as the case may be, shall have the same meanings in this Order as in those Regulations.
2
In this part of this Order —
“council tax benefit qualifying expenditure” means the total of council tax benefit and community charge benefits granted by the appropriate authority during the relevant year, less —
the deductions specified in article 19; and
where, under subsection (6) of section 139 of the Act (arrangements for council tax benefit), the appropriate authority has modified any part of the scheme administered by it, any amount by which the total of the council tax and community charge benefits which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had not been so modified.
Amount of council tax benefit subsidy
15
The amount of an appropriate authority’s council tax benefit subsidy for the relevant year —
a
for the purposes of section 140(2) of the Act (subsidy in respect of council tax benefit) shall be the amount or total of the amounts calculated in accordance with article 16;
b
for the purposes of section 140(5) of the Act (subsidy in respect of the costs of administering council tax benefit) may include an additional sum in respect of the costs of administering council tax benefit calculated in accordance with Schedules 1 and 2.
Council tax benefit
16
1
Subject to paragraph (2), for the purposes of section 140(2) of the Act, an appropriate authority’s council tax benefit subsidy for the relevant year shall be —
a
in the case of an appropriate authority to which article 17 does not apply, 95 per cent.of its council tax benefit qualifying expenditure;
b
in the case an appropriate authority to which that article is relevant an amount equal to the aggregate of —
i
95 per cent.of so much of its council tax benefit qualifying expenditure as remains after deducting the amount of expenditure attributable to the council tax benefit to which that article applies; plus
ii
the appropriate amount calculated in respect of the council tax benefit under that article,
plus, in each case, the addition, where applicable, under article 18, less in each case the deduction, where applicable, under article 20.
2
Where, during the relevant year there has been a period overrun in respect of council tax benefit, that authority’s council tax benefit subsidy for that year shall be adjusted by deducting from the subsidy otherwise due under this article an amount equal to the percentage, as calculated in accordance with paragraph 4 of Schedule 4, of the council tax benefit qualifying expenditure for that authority.
Backdated benefit
17
1
Subject to paragraph (2), where —
a
during the relevant year an appropriate authority has —
i
under paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made), treated any claim for a community charge benefit as made on a day earlier than that on which it is made; or
ii
under paragraph (16) of regulation 62 of the Council Tax Benefit Regulations (time and manner in which claims are to be made), treated any claim for council tax benefit as made on a day earlier than that on which it is made; and
b
any part of that appropriate authority’s council tax benefit qualifying expenditure is attributable to such earlier period,
for the purposes of article 17(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 50 per cent.of the council tax benefit qualifying expenditure so attributable.
2
This article shall not apply in a case to which article 18(1)(b)(ii) applies.
Additions to council tax benefit subsidy
18
1
Subject to paragraphs (8) and (9) the additions referred to in article 17 are —
a
where, following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, an appropriate authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent.of the amount of the duplicate payments;
b
where it is discovered by an appropriate authority, during the relevant year, that excess benefits have been allowed and an amount is to be deducted under article 20 in relation to those excess benefits, an amount equal to —
i
where the excess benefits are allowed in consequence of a departmental error, 95 per cent.of that part of the excess benefits which have not been recovered by the appropriate authority;
ii
where fraudulent excess benefits are allowed 95 per cent. of the excess benefits; or
iii
except where head (i) or (ii) applies, 25 per cent.of the excess benefit.
2
The amount under paragraph (1)(b) shall not include an amount in relation to —
a
any excess benefit allowed in consequence of an error of the appropriate authority making the payment,
b
any technical excess benefit, or
c
any excess benefit allowed and discovered in the relevant year, as a result of a reduction in the amount of council tax a person is liable to pay.
3
Where excess benefits are allowed in consequence of departmental error, but some or all of that excess benefit is recovered by the appropriate authority, no addition shall be applicable to the authority in respect of the amount so recovered.
4
In paragraph 2(a) “excess benefit allowed in consequence of an error of the appropriate authority making the payment” means excess benefits in consequence of a mistake made or something done or omitted to be done by the appropriate authority where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.
5
In paragraph 1(b)(ii), in paragraph (3) and in article 19(1)(b) “excess benefits allowed in consequence of departmental error” means excess benefits in consequence of a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department of Employment acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with sections 38(1), 40(1), 51(1) and 52(1) of the Act (appointment of adjudication officers, chairmen and members of social security appeal tribunals and Commissioners) where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.
6
In paragraph 2(b) “technical excess benefit” means that part of excess benefits which occurs as a result of benefits being allowed in advance and —
a
a change of circumstances reducing or eliminating entitlement to those benefits; or
b
the authority subsequently identifies recoverable excess benefits which arise otherwise than from a change in circumstances,
but shall not include any part of those excess benefits occurring before the benefit week next following the week in which the change is disclosed to the appropriate authority.
7
In paragraph 1(b)(ii), in article 19(1)(c) and in paragraph 8 of Schedule 2 “fraudulent excess benefit” means excess benefit in respect of a period falling wholly or partly after 31st March 1993 and which —
a
is so classified by an officer of the authority, designated for that purpose by the authority, after that date; and
b
occurs as a result of the award or continuation of benefit arising in consequence of —
i
a breach of section 112 of the Act (false representations for obtaining benefit), or
ii
knowingly failing to report a relevant change of circumstances, contrary to the requirements of regulation 63 of the Community Charge Benefits Regulations or, as the case may be, of regulation 65 of the Council Tax Benefit Regulations (duty to notify change of circumstances), with intent to obtain or retain such benefit.
8
Except for paragraphs (1)(b)(ii) and (7), this article shall not apply to an award of benefit to which paragraph (18) of regulation 60 of the Community Charge Benefits Regulations or paragraph (16) of regulation 62 of the Council Tax Benefit Regulations (time and manner in which claims are to be made), as the case may be, applies.
9
Any reference in this article to excess benefits shall not include any council tax benefit for any period overrun or any period immediately following expiry of the specified period determined under regulation 57 of the Council Tax Benefit Regulations (benefit period) except for so much of any such benefit to which the claimant would not have been entitled had a claim for that period been duly made and determined.
Deductions to be made in calculating subsidy in respect of council tax benefit
19
1
The deductions referred to in article 14(2) are, subject to paragraph (2), of the following amounts, namely where —
a
an appropriate authority has by virtue of regulation 58 of the Community Charge Benefits Regulations or regulation 60 of the Council Tax Benefit Regulations (increases of weekly amounts for exceptional circumstances) increased benefit in exceptional circumstances, the amount attributable to that increase;
b
during the relevant year an amount is recovered in relation to excess community charge benefit or excess council tax benefit, as the case may be, which was allowed in consequence of departmental error, within the meaning of article 18(5), and where the excess benefit had occurred and been discovered in one or more of the years ending 31st March 1991, 31st March 1992 or 31st March 1993, as the case may be, the amount so recovered;
c
during the relevant year fraudulent excess benefit, within the meaning of article 18(7), is identified, the amount so identified;
d
except where paragraph (1)(c) applies, during the relevant year it is discovered by an appropriate authority that excess benefits have been allowed, the amount of the excess benefits, but only to the extent that —
i
the amount of the excess benefits or any part of it has not been deducted from community charge benefit qualifying expenditure under article 15 of the 1991 Order or article 16 of the 1992 Order or of the 1993 Order, as the case may be; and
ii
the amount of the excess benefits or any part of it does not include an amount payable pursuant to paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made);
e
during the relevant year any instrument of payment which was issued by an authority during that year is returned to that authority without being presented for payment or is found by that authority to have passed its date of validity without being presented for payment, the amount of any such instrument.
2
Where in relation to any amount of benefit a deduction falls to be made under two or more sub-paragraphs of paragraph (1), only the higher or highest or, where the amounts are equal, only one amount shall be deducted.
Deduction from council tax benefit subsidy
20
Where during the relevant year it is found by an appropriate authority that any instrument of payment issued by it during the period of 3 years ending on 31st March 1993 has been returned to that authority without having been presented for payment or has passed its date of validity without having been presented for payment, the deduction referred to in article 16(1) shall be the amount of any council tax benefit subsidy that has been paid to that authority in respect of any such instrument.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
1st March 1994
We consent,
T. J. R. Wood
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Humberside Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 24th March 1994.
2
In this Order —
“the Authority” means the East Riding Health Authority;
“the Trust” means the Humberside Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 17th September 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 24th 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
2nd March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northern Birmingham Mental Health National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Northern Birmingham Mental Health National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Northern Birmingham Mental Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at All Saints Hospital, Lodge Road, Birmingham B18 5SD, Highcroft Hospital Highcroft Road, Birmingham, B23 6AX and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from All Saints Hospital, Lodge Road, Birmingham B18 5SD and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of Birmingham.
Operational date and accounting date of trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The East Birmingham, North Birmingham and West Birmingham Health Authorities 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 East Birmingham, North Birmingham and West Birmingham Health Authorities 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 authorities 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 Birmingham, North Birmingham and West Birmingham Health Authorities.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
28th January 1994


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


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Berkshire Ambulance National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th June 1994.
2
In this Order —
“the Authority” means the Berkshire Health Authority;
“the Trust” means the Royal Berkshire Ambulance 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 7th February 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th June 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th May 1994


text:
Citation and Commencement
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) Order 1994 and shall come into force on 22nd July 1994.
Specified Bodies
2
The following bodies are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985 (priority of charges)–
a
Alliance & Leicester Mortgage Loans (No. 2) Limited;
b
Alliance & Leicester Mortgage Loans (No. 3) Limited;
c
Alliance & Leicester Mortgage Loans (No. 4) Limited;
d
Britannia Mortgage Company Number One Limited;
e
Britannia Mortgage Company Number Two Limited;
f
Collateralised Mortgage Securities (No. 16) PLC ;
g
Saffron Walden Mortgage Services Limited;
h
Stroud and Swindon Mortgage Company (No. 2) Limited.
Variation of previous Order
3
The words “(a) Barshelfco (No. 15) Limited” shall be omitted from article 2 of the Housing (Right to Buy) (Priority of Charges) (No. 2) Order 1991 .
Signed by authority of the Secretary of State
G. S. K. Young
Minister of State,
Department of the Environment
28th June 1994
We consent,
Tim Wood
Tim Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
1st July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leicester Royal Infirmary National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 9th August 1994.
2
In this Order —
“the Authority” means the Leicestershire Health Authority;
“the Trust” means the Leicester Royal Infirmary 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 16th March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th August 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
15th July 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Amendment) Regulations 1994 and shall come into force on 28th December 1994, but —
a
regulation 2 shall have effect from 6th April 1988;
b
regulations 3, 5, 6, 7 and 8 shall have effect from 1st April 1986; and
c
regulation 10 shall have effect from 1st April 1990.
2
In these Regulations “the principal Regulations ” means the Local Government Superannuation Regulations 1986 .
Outward Transfers
2
Regulation J2 shall be amended by the deletion of paragraph (5).
3
Regulation J13 of the principal Regulations shall be amended —
a
in paragraph (1) by the deletion of the words “which would be a contracted-out scheme in relation to the employment for the purposes of the Pensions Act”; and
b
in paragraph (4) by the deletion of the words “, the person may, unless regulation J14 applies to him,” and the insertion of the following words at the beginning of that paragraph:
Unless a person to whom this regulation applies has given notice under regulation J14(2)(c), he may,
.
4
Regulation J13A shall be deleted.
5
Regulation J14 shall be deleted and the following substituted —
J14
1
In this regulation, unless the context otherwise requires —
“appropriate part of the fund” shall be the part determined in accordance with paragraph (7);
“eligible employer” shall mean a scheduled body or a body which has entered into or is eligible to enter into an admission agreement;
“pensionable employee” includes a person employed by an admitted body as referred to in regulation B3(2);
“pensionable service” shall have the same meaning as in section 70(2) and (3) of the 1993 Act ;
“the 1993 Act” shall mean the Pension Schemes Act 1993 ;
“relevant beneficiaries” shall mean the pensionable employees to whom this regulation applies and other persons who under these regulations are or may become entitled to benefit through such pensionable employees;
“the scheme managers” shall mean the scheme managers of the transferee scheme;
“the transfer date” shall mean in the case of —
a person within paragraph (2)(a)(i), the date of transfer of the undertaking;
a person within paragraph (2)(a)(ii), the date his employer ceases to be an eligible employer; and
a person within paragraph (2)(b), the date on which he becomes subject to an approved non-local government scheme;
“transferee scheme” shall mean the approved non-local government scheme to which a person transfers his pension rights under this regulation;
“undertaking” shall have the same meaning as in the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
2
This paragraph applies —
a
to a person who ceases to be a pensionable employee because —
i
the undertaking in which he is employed is transferred to a body who is not an eligible employer; or
ii
the body by whom he is employed ceases to be an eligible employer for whatever reason,
and in respect of whom the body employing him after the transfer date can make other provision under an approved non-local government scheme; and
b
to a person to whom regulation J13 applies.
3
A person within paragraph (2)(a) shall be treated for the purposes of these regulations as having ceased to hold his employment on the transfer date.
4
Where —
a
a person to whom paragraph (2) applies has not reached state pensionable age on the transfer date, and
b
before the transfer date or, with the consent of his employing authority, the appropriate administering authority and the scheme managers, within 3 months after the transfer date, he has given written notice to the appropriate administering authority and, if different, to his employing authority that he wishes to transfer his pension rights under these regulations to the transferee scheme, and
c
the scheme managers, the appropriate administering authority and, if different, his employing authority have each given their consent before the transfer date or, where appropriate, within 3 months of the transfer date,
the appropriate administering authority shall set aside and pay to the scheme managers the appropriate part of the superannuation fund whether in cash or in assets or both (“the transfer payment”) for the benefit of the relevant beneficiaries, subject to the provisions of paragraph (9).
5
The appropriate administering authority shall not give their consent under paragraph (4)(c) unless the person transferring his pension rights will acquire pension rights under the transferee scheme at least equivalent to those which he would have obtained if a transfer value had been paid to the scheme managers under regulation J2.
6
The appropriate administering authority shall provide the person transferring his pension rights with sufficient information in writing to check that the condition in paragraph (5) is satisfied.
7
Notwithstanding anything in the Acts of 1937 to 1953 and the regulations made thereunder, the former regulations, any local Act scheme or any provision of the 1974 regulations or these regulations, where a payment or transfer of assets is to be or has been made under this regulation, no other payment or transfer of assets shall be made out of the superannuation fund on account of service or employment to which the payment or transfer of assets under this regulation relates.
8
a
The appropriate part of the fund shall be the amount of the value at the transfer date of the actual and potential liabilities of the appropriate superannuation fund accrued at the transfer date in respect of the relevant beneficiaries as determined by the actuary to the appropriate superannuation fund on the basis of actuarial assumptions specified by the actuary, adjusted as the actuary shall think fit to take into account —
i
any period between the transfer date and the date of actual payment of the transfer payment; and
ii
any other matters as the actuary at his sole discretion shall think fit.
b
The employing authority shall bear the costs of determining the appropriate part of the fund and apportioning the fund or, if there is more than one employing authority involved, each shall bear such part of the costs as the actuary of the appropriate superannuation fund determines.
9
Where a transfer payment in respect of a person is made under paragraph (4), then —
a
if the payment is to a transferee scheme which is contracted out and the transferee scheme undertakes to accept liability for the guaranteed minimum pension, no deduction shall be made from the transfer payment;
b
in any other case, there shall be deducted from the transfer payment the amount of any transfer premium which may be paid under section 55(3) of the 1993 Act or contributions equivalent premium which may be paid pursuant to section 55(2) of the 1993 Act and such amount shall be used either in paying such a transfer premium or contributions equivalent premium or, at the discretion of the appropriate administering authority, in preserving the liability for the guaranteed minimum in the appropriate superannuation fund; and
c
in every case, the appropriate administering authority shall certify to the scheme managers the amount included in the transfer payment which represents the person’s contributions and interest on them and may require the scheme managers to undertake to treat only such amounts as employee’s contributions in the transferee scheme.
6
The principal Regulations are amended by inserting after regulation J14 the following —
J14A
Where under regulation B3 —
a
a body has made an admission agreement (“the first admission agreement”) with an administering authority (“the first administering authority”) and that first admission agreement ceases to have effect; and
b
thereupon an admission agreement (“the second admission agreement”) between that body and a different administering authority (“the second administering authority”) takes effect,
regulation J14 shall apply to the exclusion of Part Q as if —
i
a person employed by that body when the first admission agreement ceased to have effect and the second admission agreement took effect were a person within paragraph (2)(a) of regulation J14;
ii
the superannuation fund maintained by the second administering authority were the transferee scheme;
iii
the second administering authority were the scheme managers; and
iv
the date the second admission agreement takes effect were the transfer date.
J14B
Where —
a
an undertaking (within the meaning of regulation J14(1)) is transferred from an employing authority (“the first employer”) to a body (“the second employer”) which thereupon enters into an admission agreement with an administering authority (“the new administering authority”) in respect of one or more persons (“the transferring employees”) who were pensionable employees in relation to their employment with the first employer and who remain pensionable employees in relation to their employment with the second employer;
b
the new administering authority is different from the body which maintains the superannuation fund to which the first employer contributed in respect of the transferring employees immediately before the transfer;
c
in his employment with the second employer each transferring employee is entitled to reckon any reckonable service which he was entitled to reckon in his employment with the first employer,
regulation J14 shall apply to the exclusion of Part Q as if —
i
a transferring employee were a person within paragraph (2)(a) of regulation J14;
ii
the superannuation fund maintained by the new administering authority were the transferee scheme;
iii
the new administering authority were the scheme managers; and
iv
the date the admission agreement with the new administering authority takes effect were the transfer date.
7
Schedule 16 to the principal Regulations shall be amended by the insertion of the word “or” between the references “J2” and “J3(1)” and the deletion of the words “or J14” in paragraph 2.
8
The principal Regulations shall be amended by the deletion of Schedule 18.
9
1
Subject to paragraph (2), the amendments made by regulations 2 to 8 shall not affect any transfers made under the principal Regulations before the date on which these Regulations come into force.
2
Where —
a
if these Regulations had come into operation on 1st April 1986, a person would at any time before the date on which these Regulations come into force have been entitled to give notice under regulation J13 or J14 of the principal Regulations as amended by these Regulations;
b
he gives such notice within 3 months of the date on which these Regulations come into force; and
c
those bodies referred to as his employing authority, the appropriate administering authority and the scheme managers in regulation J14 of the principal Regulations as amended by these Regulations consent to such notice having effect,
the notice may have effect as if these Regulations had come into operation on the 1st April 1986 and the notice had been given on the first day on which he would in that case have been entitled to give notice or, where that day is the 1st April 1986, to have effect on that date.
Pensions increase
10
1
This regulation applies to —
a
a body specified in regulation B3(8) of the principal Regulations which has entered into an admission agreement with an administering authority;
b
a body employing persons deemed to be in employment with a scheduled body by virtue of regulation B2(4) to (4K) of the principal Regulations; and
c
a body which is a company under the control of a body described in column (1) of Part I of the Schedule 2.
2
Subject to paragraph (3), in its application to a pension (within the meaning of the Pensions (Increase) Act 1971 ) which has become payable to or in respect of a person in relation to service with a body to which this regulation applies, Schedule 3 to the Pensions (Increase) Act 1971 and regulation P14 of the principal Regulations shall have effect as if any reference to the last employing authority were a reference to that body.
3
Nothing in this regulation affects the provisions of regulation 2 of the Local Government Superannuation (Merseyside Transport Limited) Regulations 1992 and of the Local Government Superannuation (South Yorkshire Transport Limited) Regulations 1993 or any contractual arrangement made between a body to which this regulation applies and any other scheduled body before the date on which these Regulations come into force.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
29th November 1994


text:
1
This Order may be cited as the Telecommunication Meters (Approval Fees) ( BABT ) (Amendment) Order 1994 and shall come into force on 3rd January 1995.
2
In this Order —
“application fee” has the meaning given by article 3(a) of the principal Order ;
“BABT” means the British Approvals Board for Telecommunications;
“continuation fee” has the meaning given by article 3(b) of the principal Order;
“the principal Order” means the Telecommunication Meters (Approval Fees) (British Approvals Board for Telecommunications) Order 1992 .
3
Article 4(2)(a) of the principal Order is amended,
a
in respect of any work carried out by BABT on or after 3rd January 1995 in the exercise by it of the function of considering applications for which an application fee may be charged, and
b
in respect of the exercise by BABT on or after 3rd January 1995 of the function of being satisfied that a requirement is being complied with for which a continuation fee may be charged,
by deleting “£43.24” and substituting “£50.68”.
4
Article 4 of the principal Order is amended:
a
in paragraph (2) by deleting sub-paragraph (b) and substituting the following sub-paragraph:
b
an amount equal to the value added tax chargeable on the supply made in the exercise of that function.
; and
b
by deleting paragraph (3) and substituting the following paragraph:
3
For the purposes of this article, the value of the supply made in the exercise of the relevant function by reference to which value added tax is chargeable shall be the amount calculated in accordance with paragraph (2)(a) above.
.
Ian Taylor
Parliamentary Under Secretary of State for Trade and Technology,
Department of Trade and Industry
12th December 1994


text:
Citation and commencement
1
This Order may be cited as the National Health Service (District Health Authorities) (No. 3) Order 1994 and shall come into force on 1st October 1994.
Abolition of Authorities
2
Bolton Health Authority and Wigan Health Authority are hereby abolished.
Establishment and name of new Authority
3
A District Health Authority, to be called Wigan and Bolton Health Authority, is hereby established for Wigan and Bolton District which was determined by the National Health Service (Determination of Districts) (No. 3) Order 1994 .
Amendment of the National Health Service (District Health Authorities) Order 1990
4
In consequence of articles 2 and 3 of this Order, Part 8 of Schedule 1 to the National Health Service (District Health Authorities) Order 1990 shall be amended by the omission of the entries in columns (1) and (2) relating to Bolton District and Wigan District, and the insertion in those columns, immediately before the entries relating to Wirral District, of the following entries: —
Wigan and Bolton Wigan and Bolton Health Authority
.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State
Department of Health
5th September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Phoenix National Health Service Trust (Transfer of Trust Property) (No.2) Order 1994 and shall come into force on 11th February 1994.
2
In this Order —
“the Authority” means the Bristol and District Health Authority;
“the Trust” means the Phoenix National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 6th August 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 11th February 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
14th January 1994


text:
1
These Regulations may be cited as the Air Fares (Third Amendment) Regulations 1994 and shall come into force on 1st Jul 1994.
2
In regulation 2(1) of the Air Fares Regulations 1992 , in the definition of “the Council Regulation”, for the words “Council Decision 93/453/ EEC concerning the amendment of the Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation” there shall be substituted the words “the EEA Agreement as amended by the Decision of the EEA Joint Committee No. 7/94 of 21 March 1994 ”.
3
In regulation 2(1) of the Air Fares Regulations 1992, after the definition of “the Council Regulation”, there shall be inserted the following
and
“the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.
.
Signed by authority of the Secretary of State for Transport
Mackay of Ardbrecknish
Parliamentary Under Secretary of State,
Department of Transport
30th June 1994


text:
Citation and commencement
1
This Order may be cited as the Gateshead Community Health National Health Service Trust Dissolution Order 1994 and shall come into force on 1st April 1994.
Dissolution of NHS trust
2
The Gateshead Community Health National Health Service Trust established by the Gateshead Community Health National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
18th March 1994


text:
1
These Rules may be cited as the Trade Marks and Service Marks (Amendment) Rules 1994 and shall come into force on 28th October 1994.
2
Rule 59 of the Trade Marks and Service Marks Rules 1986 shall be amended by substituting for paragraph (8) thereof the following —
8
For the purposes of this rule, the requirements for completion are satisfied, in the case of an application made before 1st October 1990, when the Registrar has received the prescribed fee referred to in rule 60(1) below and Form TM10 duly completed.
.
3
Paragraph (1) of rule 60 of the said Rules shall be amended by substituting for all the words from “enter the mark in the register — ” to the end of the paragraph, the words —
enter the mark in the register; and in the case of an application made before 1st October 1990 he shall enter the mark in the register upon receipt of Form TM10, accompanied by the prescribed registration fee
.
Ian Taylor
Parliamentary Under-Secretary of State for Trade and Technology
Department of Trade and Industry
29th September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Railways (Heathrow Express) (Exemptions) Order 1994.
2
Articles 1, 2, 4 and 5 of this Order shall come into force on 1st April 1994, and article 3 of this Order shall come into force on 2nd April 1994.
3
In this Order —
“the 1991 Act ” means the Heathrow Express Railway Act 1991 ;
“the 1993 Act ” means the Railways Act 1993;
“exempt light maintenance depot” means any such light maintenance depot as is mentioned in article 2(1)(e) below;
“exempt network” means any such network as is mentioned in article 2(1)(a) or (b) below;
“exempt station” means any such station as is mentioned in article 2(1)(c) or (d) below;
“the relevant day” means the day on which a railway passenger service is first provided for hire or reward between an exempt station and Paddington Station in London.
Licence exemption
2
1
Exemption is granted to any person who acts as the operator of —
a
any network constructed in consequence of the making of any of the works authorised by section 5 of the 1991 Act;
b
any network which extends or connects any such network as is mentioned in sub-paragraph (a) above to any part of Heathrow Airport;
c
any station constructed in exercise of the power conferred by section 7 of the 1991 Act;
d
any other station constructed at Heathrow Airport which is associated with an exempt network;
e
any light maintenance depot constructed at Heathrow Airport which is associated with an exempt network; or
f
any train being used on an exempt network;
from the requirement to be authorised by licence to be the operator of that network, station, light maintenance depot or train.
2
The exemption granted in paragraph (1) above shall continue in force until the end of a period of thirty years beginning with the relevant day.
Facility exemption
3
1
Exemption from sections 17 and 18 of the 1993 Act (access to railway facilities) is granted to any person who is a facility owner by reference to —
a
track comprised in any exempt network, or
b
any exempt station or exempt light maintenance depot,
in respect of that track, station or light maintenance depot.
2
The exemption granted in paragraph (1) above shall continue in force until the end of a period of thirty years beginning with the relevant day.
Franchise exemption
4
1
Exemption from designation under section 23(1) of the 1993 Act (designation of passenger services as eligible for franchising) is granted to any person who provides a railway passenger service on any railway line comprised in an exempt network, in respect of that service.
2
The exemption granted in paragraph (1) above shall continue in force until the end of a period of thirty years beginning with the relevant day.
Disapplication of closure provisions
5
1
Every exempt network is a network in relation to which section 39 of the 1993 Act (closure of operational passenger networks) is not to have effect.
2
Every exempt station and every exempt light maintenance depot is a station, or (as the case may be) a light maintenance depot, in relation to which section 41 of the 1993 Act (closure of railway facilities used in connection with passenger services) is not to have effect.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
7th March 1994