text:
Commencement and citation
1
This Order may be cited as the A10 Trunk Road (Enfield) Red Route (Clearway) Traffic Order 1995, and shall come into force on 9th October 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1st January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31st December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so contructed or adapted;
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the “Enfield (Waiting & Loading Restriction) (Priority Routes & Side Roads) Traffic Order 1994”, the Enfield (Restriction of Waiting on Bus Stops) (Priority Routes & Side Roads) Traffic Order 1994 and the Enfield (Commercial Vehicles) (Waiting Restriction) (Priority Routes & Side Roads No. 1) Traffic Order 1994 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the “Enfield (Waiting & Loading Restriction) (Priority Routes & Side Roads) Traffic Order 1994”, the Enfield (Restriction of Waiting on Bus Stops) (Priority Routes & Side Roads) Traffic Order 1994 and the Enfield (Commercial Vehicles) (Waiting Restriction) (Priority Routes & Side Roads No. 1) only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
22nd September 1995


type: legislation

jurisdiction: UK

text:
Title, commencement and interpretation
1
1
This Order may be cited as the Kent and Essex Sea Fisheries District (Variation) Order 1995 and shall come into force on 24th May 1995.
2
In this Order —
“the principal Order ” means the Order made by the Board of Trade on 5th May 1890 which created the Kent and Essex Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that district;
“the Mucking Creek line ” means a line drawn across the River Thames, from Waterman’s Stone at Lower Hope Point in the County of Kent to the south eastern end of the tidal barrier at the mouth of Mucking Creek in the County of Essex;
“the Yantlet line ” has the meaning assigned thereto by section 2(1) of the Port of London Act 1968.
Extension of the Kent and Essex Sea Fisheries District
2
1
For the purpose of extending the Kent and Essex Sea Fisheries District westward of the Yantlet line to the Mucking Creek line, the principal Order shall be amended as provided in paragraph (2) below.
2
In article 1, for the paragraph beginning with the words “A line drawn across the River Thames” there shall be substituted the following paragraph —
A line drawn across the River Thames, from the Waterman’s Stone at Lower Hope Point (latitude 51 degrees 28.90 minutes north, longitude 000 degrees 28.20 minutes east) in the county of Kent to the south eastern end of the tidal barrier at the mouth of Mucking Creek (latitude 51 degrees 29.98 minutes north, longitude 000 degrees 26.87 minutes east) in the county of Essex, and continued on either side of the river to the point of mean high water springs;
.
Exclusion of powers of the Port of London Authority
3
The part of the River Thames to which the Kent and Essex Sea Fisheries District is extended by article 2 above is hereby excluded from the area within which the powers of the Port of London Authority with respect to fish may be exercised.
Powers of the National Rivers Authority
4
In article 1 of the principal Order, for the paragraph beginning with the words “In respect of the rivers and streams” there shall be substituted the following paragraph —
In respect of the rivers and streams above the lines beyond which the sea fisheries district does not extend, the National Rivers Authority shall have the powers of a local fisheries committee except that in respect of the River Thames that Authority shall not have those powers above a line drawn across the Thames from a stone pillar erected at grid co-ordinates TQ 16361 71912 on the Surrey bank by the Port of London Authority and the Thames Conservators to the nearest point of mean high water level on the Middlesex bank.
.
Michael Jack
Minister of State,
Ministry of Agriculture,
Fisheries and Food
23rd May 1995


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (The Agreement Establishing the World Trade Organisation) Order 1995. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Environmental Assessment and Unauthorised Development) Regulations 1995 and shall come into force on 2nd October 1995.
2
These Regulations apply in relation to enforcement notices issued under section 172 (issue of enforcement notice) of the Town and Country Planning Act 1990 on or after the day on which these Regulations come into force.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Town and Country Planning Act 1990;
“the 1988 Regulations ” means the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 ;
“deemed application” means the application for planning permission deemed to be made by virtue of an appeal under section 174 (appeal against enforcement notice ) of the Act ;
“enforcement notice” means a notice issued under section 172 of the Act;
“environmental statement” means, subject to paragraph (2), a document or series of documents providing, for the purpose of assessing the likely impact upon the environment of the unauthorised development concerned, the information specified in paragraph 2 of Schedule 3 to the 1988 Regulations;
“ground (a) appeal” means an appeal under section 174 of the Act, so far as brought on the ground mentioned in subsection (2)(a) of that section;
“relevant planning authority” means the body by whom, assuming no direction were given under section 77 (reference of application to Secretary of State) of the Act , an application for planning permission in respect of the unauthorised development concerned would be determined;
“Schedule 1” and “Schedule 2” mean, respectively, Schedule 1 and Schedule 2 to the 1988 Regulations;
“unauthorised development” means development which is (or is part of ) the subject matter of an enforcement notice and is —
of any description mentioned in Schedule 1; or
of any description mentioned in Schedule 2 and likely to have significant effects on the environment by virtue of factors such as its nature, size or location.
2
The compiler of an environmental statement may include in the statement further information on any of the matters specified in paragraph 3 of Schedule 3 to the 1988 Regulations: provided that a non-technical summary of that information is also provided; and any such information and summary shall be treated for the purposes of these Regulations as part of the environmental statement.
3
In the following provisions of these Regulations, unless the context otherwise requires —
a
references to sections are references to sections of the Act; and
b
expressions used in the Act and in these Regulations have the same meaning in these Regulations as they have in the Act; save that references to the Secretary of State shall not be construed as references to a person appointed by the Secretary of State under paragraph 1 of Schedule 6 (determination of certain appeals by person appointed by Secretary of State) to the Act .
4
Where the Secretary of State gives a direction or issues a notice (whether under these Regulations, the 1988 Regulations or the Town and Country Planning (Environmental Assessment and Permitted Development) Regulations 1995 ) which includes a statement that in his opinion particular development is of a description within Schedule 2 and is likely, or is not likely, to have significant effects on the environment by virtue of factors such as its nature, size or location, that statement shall be conclusive of that question for the purpose of determining whether that development is unauthorised development.
Prohibition on the grant of planning permission for unauthorised development
3
The Secretary of State shall not grant planning permission under subsection (1) of section 177 (grant or modification of planning permission on appeals to the Secretary of State) in respect of unauthorised development unless he has first taken into consideration —
a
the environmental statement; and
b
the representations (if any) made in relation to any part of that statement,
and states in his decision that he has done so.
Opinion as to need for environmental statement, etc.
4
1
Where it appears to the local planning authority by whom or on whose behalf an enforcement notice is to be issued that the matters constituting the breach of planning control comprise or include unauthorised development they shall serve with a copy of the enforcement notice a notice (“regulation 4 notice”) which shall —
a
specify the description within Schedule 1 or, as the case may be, Schedule 2 by reference to which it is the authority’s opinion that the development is unauthorised development; and if within a description mentioned in Schedule 2, the factors by virtue of which it is likely to have significant effects on the environment; and
b
require a person who gives notice of an appeal under section 174 to submit to the Secretary of State with the notice four copies of an environmental statement relating to that unauthorised development.
2
The authority by whom a regulation 4 notice has been served shall send a copy of the notice to —
a
the Secretary of State;
b
the persons with whom, in accordance with article 10 (consultations before the grant of planning permission) of the Town and Country Planning (General Development Procedure) Order 1995 , the authority would be required to consult if an application for planning permission for the unauthorised development were before the authority for determination;
c
the following persons, if not referred to in sub-paragraph (b) —
i
any principal council for the area in which the land to which the unauthorised development relates is situated, other than the local planning authority;
ii
if the land to which the unauthorised development relates is situated in England, the Countryside Commission and the Nature Conservancy Council for England;
iii
if the land to which the unauthorised development relates is situated in Wales, the Countryside Council for Wales;
d
where the unauthorised development is of a description referred to in paragraph (3), the chief inspector for England and Wales appointed under section 16 of the Environmental Protection Act 1990 .
3
The development referred to in paragraph (2)(d) is any development which in the opinion of the local planning authority —
a
involves mining operations, or manufacturing industry or the disposal of waste; and
b
is likely —
i
to give rise to waste, the disposal of which requires an authorisation under the Radioactive Substances Act 1993 , or to discharges (other than of domestic sewage) which are controlled waste or special waste within the meaning of Part II (waste on land) of the Environmental Protection Act 1990 or are likely to require the licence or consent of the National Rivers Authority or a sewerage undertaker; or
ii
to involve works specified in Schedule 1 to the Health and Safety (Emissions into the Atmosphere) Regulations 1983 .
4
Where an authority provide the Secretary of State with a copy of a regulation 4 notice they shall also provide him with a list of the other persons to whom, in accordance with paragraph (2), a copy of the notice has been or is to be sent.
Directions by the Secretary of State
5
1
Any person on whom a regulation 4 notice is served may apply to the Secretary of State for his direction on any matter stated in the notice.
2
An application under paragraph (1) shall be accompanied by —
a
a copy of the regulation 4 notice;
b
a copy of the enforcement notice which accompanied it; and
c
such other information or representations as the applicant may wish to provide or make.
3
The applicant shall send to the authority by whom the regulation 4 notice was served, at such time as he applies to the Secretary of State, a copy of the application under this regulation and of any information or representations provided or made in accordance with paragraph (2)(c).
4
If the Secretary of State considers that the information provided in accordance with paragraph (2) is insufficient to enable him to give a direction, he shall notify the applicant and the authority of the matters in respect of which he requires further information; and the information so requested shall be provided by the applicant within such reasonable period as may be specified in the notice.
5
The Secretary of State shall send a copy of his direction to the applicant and to the authority; and where he concludes that the matters which are alleged to constitute the breach of planning control comprise or include unauthorised development he shall send with the copy of the direction a written statement of the reasons for his conclusion.
6
Without prejudice to paragraph (5), where the Secretary of State directs that the matters which are alleged to constitute the breach of planning control do not comprise or include unauthorised development, he shall send a copy of the direction to every person to whom a copy of the regulation 4 notice was sent.
Provision of information
6
1
Subject to paragraph (2), the relevant planning authority and any person, other than the Secretary of State, to whom a copy of the regulation 4 notice has been sent (“the consultee”), shall, if requested by the person on whom the regulation 4 notice was served (“the prospective appellant”), or may without such a request, enter into consultation with him to determine whether the consultee has in his possession any information which he considers relevant to the preparation of an environmental statement and, if he has, the consultee shall make that information available to the prospective appellant.
2
Paragraph (1) shall not require the disclosure by a person of confidential information.
3
A reasonable charge reflecting the cost of making the relevant information available may be made by a person who in accordance with paragraph (1) supplies information sought by a prospective appellant.
Appeal to the Secretary of State without an environmental statement
7
1
Where on consideration of an appeal under section 174 the Secretary of State is of the opinion that the matters which are alleged to constitute the breach of planning control comprise or include unauthorised development, and the documents submitted to him for the purposes of the appeal do not include an environmental statement, he shall, subject to paragraph (2), within the period of 21 days beginning with the day on which he receives the appeal, or such longer period as he may reasonably require, notify the appellant in writing of his opinion and of the reasons for it and of the requirements of paragraph (3) below.
2
Notice need not be given under paragraph (1) where the appellant has submitted an environmental statement to the Secretary of State for the purposes of an appeal under section 78 (right to appeal against planning decisions and failure to take such decisions) which —
a
relates to the development to which the appeal under section 174 relates; and
b
is to be determined at the same time as that appeal;
and that statement and the representations (if any) made in relation to any part of it shall be treated as the environmental statement and representations for the purposes of regulation 3 of these Regulations.
3
The requirements of this paragraph are that the appellant shall, within the period specified in the notice or such longer period as the Secretary of State may allow, submit to the Secretary of State four copies of an environmental statement relating to the unauthorised development in question.
4
The Secretary of State shall send to the relevant planning authority a copy of any notice sent to the appellant under paragraph (1).
5
If an appellant to whom notice has been given under paragraph (1) fails to comply with the requirements of paragraph (3), the deemed application and the ground (a) appeal (if any) shall lapse at the end of the period specified or allowed (as the case may be).
6
As soon as reasonably practicable after the occurrence of the event mentioned in paragraph (5), the Secretary of State shall notify the appellant and the local planning authority in writing that the deemed application and the ground (a) appeal (if any) have lapsed.
Procedure where the Secretary of State receives an environmental statement
8
1
Where the Secretary of State receives an environmental statement in connection with an enforcement appeal (otherwise than as mentioned in regulation 7(2)) he shall —
a
send a copy of it to the relevant planning authority, advise the authority that the statement will be taken into consideration in determining the deemed application and the ground (a) appeal (if any), and inform them that they may make representations; and
b
notify the persons to whom a copy of the relevant regulation 4 notice was sent that the statement will be taken into consideration in determining the deemed application and the ground (a) appeal (if any), and inform them that they may make representations and that, if they wish to receive a copy of the statement or any part of it, they must notify the Secretary of State of their requirements within 7 days of the receipt of the Secretary of State’s notice.
2
The Secretary of State shall respond to requirements notified in accordance with paragraph (1)(b) by providing a copy of the statement or of the part requested (as the case may be).
Further information and evidence respecting environmental statements
9
1
The Secretary of State may in writing require an appellant who has submitted an environmental statement otherwise than as mentioned in regulation 7(2) to provide such further information as may be specified concerning any matter which is required to be, or may be, dealt with in the statement; and where the Secretary of State is of the opinion that —
a
the appellant could (having regard in particular to current knowledge and methods of assessment) provide further information about any matter mentioned in paragraph 3 of Schedule 3 to the 1988 Regulations; and
b
that further information is reasonably required to give proper consideration to the likely environmental effects of the unauthorised development,
he shall notify the appellant in writing accordingly, and the appellant shall provide that further information within the period specified in the notice or such longer period as the Secretary of State may, by notice in writing to the appellant, allow.
2
If an appellant to whom notice has been given under paragraph (1) fails to provide the further information within the period specified or allowed (as the case may be), the deemed application and the ground (a) appeal (if any) shall lapse at the end of that period.
3
Regulation 8 shall apply in relation to further information received by the Secretary of State in accordance with paragraph (1) as if references in that regulation to an environmental statement were references to the further information.
4
The Secretary of State may by notice in writing require the appellant to produce such evidence as he may reasonably call for to verify any information in the environmental statement.
Publicity for environmental statements
10
1
Where an authority receive a copy of an environmental statement by virtue of regulation 8(1)(a) they shall publish in a local newspaper circulating in the locality in which the land to which the enforcement notice relates is situated (“the locality”) a notice stating —
a
the name of the appellant and that he has appealed to the Secretary of State against the enforcement notice;
b
the address or location of the land to which the notice relates and the nature of the development;
c
that a copy of the environmental statement may be inspected by members of the public at all reasonable hours;
d
an address in the locality at which the statement may be inspected, and the latest date on which it will be available for inspection (being a date not less than 20 days later than the date on which the notice is published);
e
that any person wishing to make representations about any matter dealt with in the statement should make them in writing, no later than 14 days after the date named in accordance with sub-paragraph (d), to the Secretary of State; and
f
the address to which any such representations should be sent.
2
The authority shall as soon as practicable after publication of a notice in accordance with paragraph (1) send to the Secretary of State a copy of the notice certified by or on behalf of the authority as having been published in a named newspaper on a date specified in the certificate.
3
Where the Secretary of State receives a certificate under paragraph (2) he shall not determine the deemed application or the ground (a) appeal in respect of the development to which the certificate relates before the expiry of 14 days from the date stated in the published notice as the last date on which the environmental statement was available for inspection.
Public inspection of documents
11
1
The relevant planning authority shall make available for public inspection at all reasonable hours at the place where the appropriate register (or relevant part of that register ) is kept a copy of —
a
every regulation 4 notice given by the authority;
b
every direction received by the authority under regulation 5;
c
the accompanying statement of reasons (if any);
d
every notice received by the authority under regulation 7; and
e
every environmental statement received by the authority by virtue of regulation 8(1)(a);
and copies of those documents shall remain so available for a period of two years or until particulars of the notice or direction are entered in Part II of the register in accordance with paragraph (2), whichever is the sooner.
2
Where particulars of any planning permission granted by the Secretary of State under section 177 are entered in Part II of the appropriate register , the local planning register authority shall take steps to secure that that Part also contains —
a
such particulars of —
i
any regulation 4 notice;
ii
any direction given under regulation 5; and
iii
any notice given under regulation 7,
as are relevant to the development for which permission has been granted; and
b
a copy of the environmental statement received by the authority by virtue of regulation 8(1)(a) relevant to that development.
3
In this regulation —
“appropriate register” means the register kept pursuant to section 69 of the Act ; and
“the local planning register authority” has the same meaning as in article 25(1) of the Town and Country Planning (General Development Procedure) Order 1995.
Service of notices etc.
12
Any notice or other document to be served or given under these Regulations may be served or given in a manner specified in section 329.
Application to the High Court
13
For the purposes of Part XII of the Act (validity of certain decisions), the reference in section 288 to action of the Secretary of State which is not within the powers of the Act shall be taken to extend to a grant of planning permission in contravention of regulation 3 of these Regulations.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
23rd August 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State,
Welsh Office
29th August 1995


text:
Title and commencement
1
These Regulations may be cited as the Judicial Pensions (Appeals) Regulations 1995 and shall come into force on 31st March 1995.
Interpretation
2
In these Regulations —
“the 1993 Act ” means the Judicial Pensions and Retirement Act 1993 ;
“the appropriate Minister” has the meaning given by —
section 30(1) of the 1993 Act; or
section 32A(6) of the Judicial Pensions Act 1981 ;
and —
in the case of an appeal under section 9A of the Sheriffs' Pensions (Scotland) Act 1961 , means the Secretary of State;
in the case of an appeal under the enactments mentioned in paragraphs (d), (e), (f), (g) (h) and (i) of regulation 3, means the Treasury;
Application of Regulations
3
These Regulations shall apply to any appeal brought under the following enactments —
a
section 20 of the Judicial Pensions and Retirement Act 1993;
b
section 32A of the Judicial Pensions Act 1981;
c
section 9A of the Sheriffs' Pensions (Scotland) Act 1961;
d
section 13(5) and (6) of the Superannuation Act 1972 ;
e
paragraph 4 of Schedule 1 to the Parliamentary Commissioner Act 1967 ;
f
paragraph 4 of Schedule 1A to the Parliamentary Commissioner Act (Northern Ireland) 1969 ;
g
section 107 of the National Health Service Act 1977 ;
h
section 91 of the National Health Service (Scotland) Act 1978 ;
i
article 4A(4) of the Audit (Northern Ireland) Order 1987 .
Notice of appeal
4
The appellant shall bring his appeal by giving a notice of appeal in writing to the appropriate Minister.
Time limits in relation to the notice of appeal
5
1
The appellant must give the notice of appeal to the appropriate Minister not later than two months after the date on which the administrators notify him of the decision against which he appeals.
2
The appropriate Minister may extend the time limit mentioned in paragraph (1), if he thinks it appropriate to do so in an individual case.
3
The appropriate Minister shall, no later than 7 days after the date of the arrival of the notice of appeal in his office, send a copy of that notice, together with any documents annexed to it, to the administrators.
Form of notice of appeal
6
1
The notice of appeal shall state —
a
the grounds of the appeal with sufficient particulars to show why the appellant is aggrieved by the decision; and
b
the full name of the appellant and the address to be used for service on him of any documents in connection with the appeal.
2
The notice of appeal shall be signed by or on behalf of the appellant.
Documents to be annexed to notice of appeal
7
1
In any case where the appellant wishes to rely on any documents for the purposes of his appeal, those documents, or a copy of them, shall be attached to the notice of appeal.
2
In a case where a copy of a document has been attached to the notice of appeal, the appropriate Minister may, if he thinks that it is necessary, request the appellant to send to him the original of that document.
Amendment of appeal and request for further particulars
8
1
The appropriate Minister may, at any time before he decides the appeal —
a
permit an appellant to amend his grounds of appeal;
b
request an appellant to provide further particulars of any matter referred to in his notice of appeal; and
c
request an appellant to produce documents relevant to those further particulars.
2
The appropriate Minister may specify a time limit for receipt of any such further particulars or documents.
3
The appropriate Minister shall send to the administrators any such further particulars or documents no later than 7 days after the date of their arrival in his office.
Withdrawal of appeal
9
1
The appellant may, at any time before the appropriate Minister decides his appeal, withdraw his appeal, by giving to the appropriate Minister a notice in writing stating that he withdraws his appeal signed by him or on his behalf.
2
The appropriate Minister shall notify the administrators of any such withdrawal no later than 7 days after the date of its arrival in his office.
Mackay of Clashfern, C.
Dated 6th March 1995
Ian Lang
One of Her Majesty’s Principal Secretaries of State
Dated 7th March 1995
Andrew Mitchell
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 7th March 1995


text:
1
This Order may be cited as The Ridge College, Stockport and Margaret Danyers College (Dissolution) Order 1995 and shall come into force on 15th August 1995.
2
On 15th August 1995 the Old Corporations shall be dissolved and all of their respective property, rights and liabilities shall be transferred to the New Corporation, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by either of the Old Corporations immediately before 15th August 1995 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 15th August 1995;
c
to the transferor were to either of the Old Corporations (as the case may be); and
d
to the corporation were to the New Corporation.
James Paice
Parliamentary Under Secretary of State,
Department for Education and Employment
20th July 1995


text:
1
This Order may be cited as the A3 Trunk Road, (Malden Way, Kingston Upon Thames) (Prescribed Routes) Order 1995 and shall come into force on 20th February 1995.
2
In this Order —
“Malden Way” means that length of the A3 Trunk Road in the Royal Borough of Kingston Upon Thames known as Malden Way; and
“moped” has the same meaning as in the Motor Vehicles (Driving Licences) Regulations 1987 .
3
No person shall ride, or cause to be ridden, any moped in the subway which lies under Malden Way immediately north-east of its junction with South Lane.
4
The Kingston Upon Thames (Prescribed Routes) ( No. 5) Traffic Order 1970 is hereby revoked.
Signed by authority of theSecretary of State for Transport
P. J. Bevis
A Grade 6 OfficerHighways AgencyLondon Office
13th February


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the University Hospital of Wales Healthcare National Health Service Trust (Establishment) Order 1995 and shall come into force on 20th March 1995.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 20th March 1995;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means University Hospital of Wales Healthcare National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called University Hospital of Wales Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at University Hospital of Wales, Heath Park, Cardiff, South Glamorgan CF4 4XW and associated hospitals;
b
to manage community health services provided from University Hospital of Wales, Heath Park, Cardiff, South Glamorgan CF4 4XW 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 Wales.
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
South Glamorgan 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
South Glamorgan 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 the 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 South Glamorgan 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.
John Redwood
Secretary of State for Wales
27th February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Exemption from Licences and Certificates) (Clinical Trials) Order 1995 and shall come into force on 8th December 1995 immediately after the Medicines (Exemption from Licences) (Clinical Trials) Order 1995 comes into force.
2
In this Order —
“ the Act ” means the Medicines Act 1968;
“medicinal product” includes any substance or article for human use specified in an order made under section 104 or 105(1)(b) of the Act (application of Act to certain articles and substances and to certain other substances which are not medicinal products) which is for the time being in force and which directs that sections 31 and 35(8) and (9) of the Act shall have effect in relation to that substance or article .
Exemption from licences and certificates in respect of clinical trials
2
1
Subject to paragraph (2) of this article, the restrictions imposed by section 31(2) of the Act (which restricts dealings with medicinal products for the purposes of a clinical trial) shall not apply to anything done which consists of selling or supplying, or procuring the sale, supply, manufacture or assembly of, a medicinal product for the purposes of a clinical trial.
2
the exemption conferred by paragraph (1) of this article is subject to the conditions specified in article 4 of the Medicines (Exemption from Licences) (Clinical Trials) Order 1995 and to the limitations specified in article 5 of that Order.
Revocation
3
The Medicines (Exemption from Licences) (Clinical Trials) Order 1981 is hereby revoked.
Tom Sackville
Secretary of State for Health
24th October 1995
William Hague
Secretary of State for Wales
27th October 1995
James Douglas-Hamilton
Minister of State, The Scottish Office
25th October 1995
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
F. A. Elliott
Permanent Secretary
25th October 1995.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Wales Ambulance National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 1st April 1995.
2
In this Order:
“the Authority” means the Gwynedd Health Authority;
“the Trust” means the North Wales Ambulance National Health Service Trust;
“the trust property” means the items specified in aschedule of trust property prepared by and agreed upon by the Authority and the Trust on 31st March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 1st April 1995 the trust property shall be transferred from the Authority to the Trust.
John Redwood
Secretary of State for Wales
1st March 1995


text:
Citation and commencement
1
This Order may be cited as the Bristol City Docks (No. 2) Harbour Revision Order 1995 and shall come into force on 8th March 1995.
Interpretation
2
1
In this Order —
“the city” means the City of Bristol;
“the City Docks” means the Docks of the Council known as the Floating Harbour and all basins and other works constructed in connection therewith;
“the Council” means the City Council of Bristol;
“deposited plans and sections” means the plans and sections prepared in triplicate, signed by an Assistant Secretary in the Department of Transport and marked “Bristol City Docks (No. 2) Harbour Revision Order 1995”, of which two copies have been deposited at that Department and one copy has been deposited at the offices of the Council at The Council House, College Green, Bristol, BS1 5YR;
“limits of deviation” means the limits of deviation shown on the deposited plans;
“relevant work” means so much of any work authorised by this Order as is on, under or over the waters of the City Docks;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“works” means the works authorised by this Order or, as the case may require, any part thereof.
2
This Order shall be read as if the words “or thereabouts” were inserted after each distance mentioned in article 3 (Power to construct works) of this Order.
3
Unless the context otherwise requires —
a
any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order;
b
map reference points specified in this Order are Ordnance Survey National Grid reference points.
Power to construct works
3
1
Subject to the provisions of this Order, the Council may in the city and in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plans and sections construct and maintain the works hereafter described, together with all necessary and proper works and conveniences connected with or incidental thereto, that is to say —
Work No. 1 — A pedestrian walkway of steel construction and supported by piles, beside the building adjoining the City Docks and known as the WCA warehouse commencing at a point at ST 358993 172532 extending in a westerly direction for a distance of 4 metres, thence in a southerly direction for a distance of 35 metres, thence in an easterly direction for a distance of 4 metres and terminating at a point at ST 358994 172497, incorporating at its northern end a ramp to existing pontoons beside the building known as the Cheese Warehouse.
Work No. 2 — Pontoon moorings anchored by piles adjacent to Work No. 1 commencing at a point at ST 358984 172533 extending in a southerly direction for a distance of 39 metres and terminating at a point at ST 358985 172494.
2
The Council may within the limits of deviation alter, replace, relay or reconstruct the works.
Period for completion of works
4
If the works are not completed within 10 years from the coming into force of this Order, the powers by this Order granted to the Council for constructing the works shall cease except as to so much thereof as is then substantially commenced.
Subsidiary works
5
Subject to the provisions of this Order, the Council may from time to time, within the limits of deviation, construct and maintain all such necessary works and conveniences, and take such measures, as may be requisite or expedient for the purposes of or in connection with the construction, maintenance and use of the works.
Power to deviate
6
In constructing the works the Council may deviate laterally from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent upwards or downwards.
Relevant works not to be executed without approval of Secretary of State
7
1
A relevant work shall not be constructed, altered, replaced, relaid or reconstructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a relevant work is constructed, altered, replaced, relaid or reconstructed in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the relevant work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of 30 days from the date when the notice is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the relevant work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Provision against danger to navigation
8
1
In case of injury to, or destruction or decay of, a relevant work or any part thereof, the Council shall forthwith notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to notify Trinity House as required by this article or to comply in any respect with a direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
9
1
Where a relevant work is abandoned or suffered to fall into decay, the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting —
a
partly of a relevant work; and
b
partly of works on or over land which is not on, under or over the waters of the City Docks;
is abandoned or suffered to fall into decay and the works mentioned in subparagraph (b) above are in such condition as to interfere or to cause reasonable apprehension that they may interfere with the right of navigation or other public rights, the Secretary of State may include those works, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Council, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Survey of relevant works
10
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a relevant work or of the site upon which it is proposed to construct the work and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Council.
Permanent lights on relevant works
11
1
After the completion of a relevant work the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine:
Provided that it shall be a defence for the Council to prove that all due diligence was used to secure compliance with any such direction.
Lights on relevant works during construction etc.
12
1
The Council shall at or near a relevant work during the whole time of the construction, alteration, replacement, relaying or reconstruction thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine:
Provided that it shall be a defence for the Council to prove that all due diligence was used to secure compliance with any such direction.
Saving for town and country planning
13
Work No. 1 shall not be deemed for the purposes of the Town and Country Planning General Development Order 1988 (or any general order superseding that order made under section 59 of the Town and Country Planning Act 1990 , or any corresponding provision of an Act repealing that section), to be —
a
development authorised by an order made under section 14 of the Harbours Act 1964 which designates specifically the nature of the development authorised and the land upon which it may be carried out; or
b
development on operational land by statutory undertakers or their lessees in respect of a dock, pier or harbour undertaking, being development which is required for the purposes of shipping or in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, pier or harbour.
Signed by authority of the Secretary of State for Transport
J. D. Henes
An Under Secretary in the
Department of Transport
21st February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Powys Health Care National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 31st May 1995.
2
In this Order:
“the Authority” means the Powys Health Authority;
“the Trust” means the Powys Health Care National Health service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the authority and the trust on 16th March 1995, which schedule has been signed on behalf of both the Authority and the Trust
Transfer of trust property
2
On 31st May 1995 the trust property shall be transferreed from the Authority to the Trust.
John Redwood
Secretary of State for Wales
4th May 1995


text:
Citation
1
This Order may be cited as the Avon Fire Services (Combination Scheme) Order 1995 and shall come into force on the day after the day on which it is made.
Combination scheme
2
The combination scheme set out in the Schedule to this Order, which shall be known as the Avon Fire Services Combination Scheme, shall have effect.
Blatch
Minister of State
Home Office
4th December 1995


text:
Title, commencement and interpretation
1
1
This Scheme may be cited as the Plant Breeders' Rights (Vegetables) (including Field Beans and Field Peas) (Variation) Scheme 1995 and shall come into force on 24th March 1995.
2
In this Scheme “ the Act ” means the Plant Varieties and Seeds Act 1964 (including that Act as extended to Northern Ireland and as extended to the Isle of Man).
Variation of the principal Scheme
2
The Plant Breeders' Rights (Vegetables) (including Field Beans and Field Peas) Scheme 1980 shall be varied in accordance with the following provisions of this Scheme.
Variation of paragraph 6
3
In paragraph 6 the classes of plant varieties prescribed for the purposes of section 5(7) of the Act (which enables classes of plant varieties to be prescribed in connection with the use of names likely to deceive or cause confusion) shall be varied as follows:
a
after sub–paragraph (i) there shall be added the following sub–paragraph —
ia
in relation to plant varieties of leeks of all plant varieties of the species specified in Part IA of Schedule 3 to this Scheme;
; and
b
after sub–paragraph (ii) there shall be added the following sub–paragraph —
iia
in relation to plant varieties of Brassica carinata of all plant varieties of the species specified in Part IIA of Schedule 3 to this Scheme;
.
Variation of Schedule 2
4
Schedule 2 (which prescribes the species of vegetables of which varieties may be the subject of plant breeders' rights) shall be varied as follows:
a
immediately after the item relating to Apium graveolens L. there shall be inserted the following item —
Column 1 Column 2 Column 3 Species Period of years for which Rights are exercisable Period of years prescribed for purposes of Section 7(2) Name Common Name
Allium porrum L. Leek 20 —
.
b
immediately after the item relating to Beta vulgaris L. var. esculenta L. there shall be inserted the following item —
Column 1 Column 2 Column 3
Brassica carinata
A. Braun.
Abyssinian cabbage
Ethiopian cabbage
TexSel Greens
20 —
.
Variation of Schedule 3
5
Schedule 3 (which specifies the species of which plant varieties are prescribed in connection with the use of names likely to deceive or cause confusion) shall be varied as follows:
a
after Part I there shall be added the following Part —
PART IA
LEEKS
Name Common Name
Allium porrum L. Leeks, garlic, onions, shallots
;
and
b
after Part II there shall be added the following Part —
PART IIA
BRASSICA CARINATA
Name Common Name
Brassica carinata A. Braun Abyssinian cabbage, Ethiopian cabbage, TexSel greens Brassica rapa L. Turnip rape, turnip Brassica napus L. Swede, Swede rape, oilseed rape
Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
13th February 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
14th February 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
14th February 1995
Denton of Wakefield
Parliamentary Under Secretary of State for Northern Ireland
28th February 1995
Michael Howard
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
14th February 1995


text:
PART I
GENERAL
Citation and Commencement
1
This Order may be cited as the Dorset (Boroughs of Poole and Bournemouth) (Structural Change) Order 1995 and shall come into force for the purposes of articles 2(2), 4, 6(1), (3) and (4) and 9 to 11 on the day after the day on which it is made and for all other purposes on 1st April 1997.
Interpretation
2
1
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“Bournemouth” (except in references to the county of Bournemouth) means the borough of Bournemouth and “the Bournemouth Council” means the council of that borough;
“Dorset” means the non-metropolitan county of Dorset, and “the County Council” means the council of that county;
“Poole” (except in references to the county of Poole) means the borough of Poole and “the Poole Council” means the council of that borough;
“the relevant date” means 6th May 1996;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1997;
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978 and
“the transferee authorities” means the councils of Bournemouth and Poole.
2
The period beginning with the relevant date and ending immediately before the reorganisation date is specified as the preliminary period for the purposes of any statutory instrument made under the Act.
PART II
LOCAL GOVERNMENT REORGANISATION IN BOURNEMOUTH AND POOLE
Structural change
3
The functions of the County Council in relation to Bournemouth and Poole shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the Bournemouth Council and the Poole Council respectively.
Dorset Police Authority
4
1
In this article, “the 1964 Act ” means the Police Act 1964 .
2
For the purposes of the functions to which this article applies —
a
sub-paragraph (1) of paragraph 27 of Schedule 1B to the 1964 Act (meaning of “relevant council”) shall have effect as from 1st October 1996 as if the transferee authorities had ceased to form part of Dorset on that date; and
b
accordingly, the appointments which are required to be made to the Dorset Police Authority (as established under section 3 of the 1964 Act) (“the Authority”) by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the County Council and the transferee authorities (as relevant councils) in accordance with that provision.
3
The functions to which this article applies are —
a
on and after the reorganisation date, all functions of the Authority; and
b
before that date (but on and after 1st October 1996), the following functions of the Authority in respect of the financial year beginning on the reorganisation date —
i
functions under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) , and
ii
functions under sections 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act .
4
For the purposes of the functions referred to in paragraph (3)(b) above —
a
section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 1B to the 1964 Act was a reference to the members so appointed by virtue of paragraph (2) above; and
b
the members of the Authority appointed under paragraph 2 of that Schedule otherwise than by virtue of paragraph (2) above shall not participate in the discharge of those functions.
5
In the exercise of its powers, the joint committee referred to in paragraph (2)(b) above —
a
shall, for the purposes of paragraph 4(1)(b) of Schedule 1B to the 1964 Act, ignore any member of the County Council elected for an electoral division in the areas of the transferee authorities ; and
b
shall not appoint any such member to the Authority under paragraph 2(2) of Schedule 1B to the 1964 Act.
6
A member of the Authority who was appointed under paragraph 2 of Schedule 1B to the 1964 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of the Authority on the reorganisation date.
7
In determining the period of a term of years for the purpose of paragraph 17 of Schedule 1B to the 1964 Act (term of appointment of members of a police authority), any period as a member of the Authority prior to the reorganisation date under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of the Authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.
Amendment of Schedule 1A to the Police Act 1964
5
Schedule 1A to the Police Act 1964 shall be amended by inserting after the words “The county of Dorset” in the right-hand column opposite the name of the Dorset police area the words “and the non-metropolitan districts of Bournemouth and Poole”.
Fire services
6
1
In this article —
“the 1947 Act ” means the Fire Services Act 1947 ; and
“the relevant area” means the area comprising Dorset (as constituted on and after the reorganisation date) and the areas of the transferee authorities.
2
The area of each transferee authority shall, subject to any combination scheme under the 1947 Act, become the area of a fire authority for the purposes of that Act.
3
For the purposes of the making of a combination scheme with respect to the relevant area before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to that area, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Dorset”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Dorset”.
4
Section 10 of the 1947 Act shall have effect, in relation to the relevant area, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Planning Functions
7
1
Any structure plan applying immediately before the reorganisation date to Dorset and any proposals prepared before that date for the alteration or replacement of any such plan shall be treated as if they had been prepared jointly by the County Council and the transferee authorities; and section 50 of the Town and Country Planning Act 1990 (“the 1990 Act ”) shall apply accordingly.
2
In relation to the transferee authorities —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
c
include their waste policies in their local plan.
.
Constitution of new counties
8
1
Bournemouth and Poole shall cease to form part of Dorset.
2
A new county shall be constituted comprising the area of Bournemouth and shall be named the county of Bournemouth.
3
A new county shall be constituted comprising the area of Poole and shall be named the county of Poole.
4
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the counties of Bournemouth and Poole.
PART III
TRANSITIONAL PROVISION
Elections of councillors in Bournemouth
9
1
The Borough of Bournemouth (Electoral Arrangements) Order 1979 shall have effect subject to the provisions of this article.
2
Elections of all councillors of the Bournemouth Council shall be held simultaneously on the ordinary day of election of councillors in 1996, 1999 and every fourth year after 1999 .
3
The term of office of any councillor so elected shall be, in the case of the councillors elected in 1996, three years and, in any other case, four years.
4
On the fourth day after any such elections —
a
the persons who were councillors immediately before those elections shall retire; and
b
the newly elected councillors shall come into office.
Elections of councillors in Poole
10
1
The Borough of Poole (Electoral Arrangements) Order 1979 shall have effect subject to the provisions of paragraphs (2) to (4) of this article.
2
Elections of all councillors of the Poole Council shall be held simultaneously on the ordinary day of election of councillors in 1996, 1999 and every fourth year after 1999.
3
The term of office of any councillor so elected shall be, in the case of the councillors elected in 1996, three years and, in any other case, four years.
4
On the fourth day after any such elections —
a
the persons who were councillors immediately before those elections shall retire; and
b
the newly elected councillors shall come into office.
5
With effect from 1st May 1996 —
a
the Borough of Poole (Electoral Arrangements) Order 1979 shall be amended by the substitution of the following article for article 6 —
6
The number of councillors to be elected for each ward constituted by this Order shall be three
; and
b
column 2 of the table in the Schedule to that Order shall be deleted and the heading to that table amended to “Names of new wards”.
Retirement of councillors
11
1
The electoral divisions of Dorset comprised in Bournemouth and Poole shall cease to be electoral divisions on the reorganisation date; and any person holding office, immediately before that date, as a councillor for such a division shall retire on that date .
2
Section 89 of the 1972 Act (filling of casual vacancies in case of councillors) shall have effect —
a
in the case of a casual vacancy occurring in the office of councillor of a transferee authority during the period beginning with the date on which this article comes into force and ending with the relevant date, as if the reference in subsection (3) of that section to the day on which the councillor whose office is vacant would regularly have retired were a reference to the relevant date; and
b
in the case of a casual vacancy occurring in the office of councillor for any electoral division referred to in paragraph (1) above as if the reference in that subsection were a reference to the reorganisation date.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
11th July 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the New Possibilities National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on8th June 1995.
2
In this Order —
“the Authority” means the North Essex Health Authority;
“the Trust” means the New Possibilities 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 on2nd December 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 8th June 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
10th May 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Weald of Kent Community National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 9th January 1996.
2
In this Order —
“the Authority” means the West Kent Health Authority;
“the Trust” means the Weald of Kent Community 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 11th October 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th January 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by the authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
14th December 1995


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Grants) (Music, Ballet and Choir Schools) Regulations 1995 and shall come into force on 25th August 1995.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“aid” means the remission of fees or charges, or the payment of grant, pursuant to the Scheme;
“aid questions” has the meaning assigned by paragraph 6 of Schedule 1 and “aided” means aided pursuant to the Scheme;
“aided place” means a place at a school for which an aided pupil has been or may be selected pursuant to the Scheme;
“aided pupil” means a child selected or put forward for an aided place;
“child” includes a step-child, a child adopted in pursuance of adoption proceedings and a person who is over compulsory school age;
“designated fees” has the meaning assigned by paragraph 12 of Schedule 1;
“employment” includes the holding of any office and any occupation for gain (including self-employment in any trade, profession or vocation) and “employed” shall be construed accordingly;
“ 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 ;
“European Economic Area” means the area comprised by the States which are Contracting Parties to the EEA Agreement;
“EEA national” means a person who is a national of a State which is a Contracting Party to the EEA Agreement (including the United Kingdom);
“financial year” and “preceding financial year” have the meanings assigned by paragraph 7 of Schedule 1;
“income”, “relevant income” and “total income” have the meanings assigned by paragraph 8 of Schedule 1;
“public transport” has the same meaning as in paragraph 18(a) of Schedule 1;
“refugee” means a person who:
is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the protocol thereto which entered into force on 4th October 1967 , or
has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom, and has been granted leave to enter or remain accordingly;
“relevant date” means 1st January in the calendar year in which an aided pupil would take up an aided place at a school;
“the Scheme” means the aided pupil scheme described in Schedule 1 as well as, in regulation 5, the aided pupil scheme described in the regulations revoked by regulation 16;
“school” has the meaning assigned by regulation 3.
2
Except where the context otherwise requires, any reference in these Regulations to —
a
a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Reference to schools
3
1
Any reference in these Regulations to a school is a reference to any one of the following schools, namely —
The Chetham’s School of Music, Manchester;
The Purcell School, Harrow;
The Royal Ballet School, London;
The Wells Cathedral School, Somerset;
The Yehudi Menuhin School, Surrey,
being a school which has adopted the aided pupil scheme described in Schedule 1.
2
Except where the context otherwise requires, references to a school include references to the proprietors or governing body thereof and persons acting with the authority of the proprietors or governing body.
References to parents
4
1
Subject to regulation 16(2) and to paragraphs (3) and (4) and except where the context otherwise requires, any reference in these Regulations to the parents of a child or aided pupil is a reference to:
a
the child’s father and mother where —
i
they live together as husband and wife (whether or not they are married to each other), and
ii
the child normally resides with both of them in the same household; or
b
where sub-paragraph (a) above does not apply, the parent, being either the father or mother of the child, with whom the child normally resides and the spouse (if any) of that parent where the spouse normally resides with that parent and the child in the same household; or
c
where neither sub-paragraph (a) nor (b) above applies, the child’s guardian appointed in accordance with section 5 of the Children Act 1989 (or any earlier enactment) and the spouse (if any) of that guardian where the spouse normally resides with that guardian and the child in the same household; or
d
where none of sub-paragraphs (a), (b) and (c) above applies, the person with whom the child resides in accordance with either:
i
a subsisting residence order made under section 8 of the Children Act 1989; or
ii
any subsisting court order (other than a residence order) which specifies who is to have actual custody or care and control of the child,
and the spouse (if any) of that person where the spouse normally resides with that person and the child in the same household; or
e
where none of sub-paragraphs (a) to (d) above applies and where the child is not looked after by a local authority for the purposes of section 22(1) of the Children Act 1989, the person with whom the child normally resides in accordance with any informal care or fostering arrangement, and that person’s spouse (if any) where the spouse normally resides with that person and the child in the same household.
3
Where a child or aided pupil —
a
either has no parents as defined in paragraph (2) or the school is satisfied that no such parents can be found, and
b
is either looked after by a local authority or provided with accommodation within the meaning of section 105(1) of the Children Act 1989,
he shall be treated as a child whose parents have no income for the purposes of these Regulations, and any reference to his parents shall be construed as a reference to the authority or organisation which looks after him or provides him with accommodation.
4
References in this regulation to a person who normally resides with a child mean, in relation to a child who is a boarder at a school, a person with whom the child normally resides when he is not at school.
5
Where a child has been adopted pursuant to an order of a court of competent jurisdiction, references in paragraph (2)(a) and (b) to “father” and “mother” shall be construed as references to the adoptive parents of the child and not his natural parents.
PART II
GRANT
Grant in respect of aided pupil scheme
5
1
Subject to the provisions of this Part, the Secretary of State may, in respect of any school year, pay to each school grant in respect of their expenditure in operating the Scheme.
2
The amount of the grant paid to each school in respect of any school year shall equal the aggregate of —
a
the fees and charges for that year remitted by them, and
b
the grants made by them to the parents of aided pupils for that year,
in accordance with the Scheme.
Conditions of grant
6
The payment of such grant by the Secretary of State shall be subject in the case of each school —
a
to grant being claimed in accordance with regulation 7, and
b
the fulfilment of all relevant conditions mentioned in Schedule 2.
Grant claims
7
1
A school shall submit grant claims to the Secretary of State at such times, for such periods, in such manner and form and furnish such declarations and other information, as the Secretary of State may require; but, subject as aforesaid, they may submit to the Secretary of State a claim for grant in respect of such periods, not being less than a term, as appear to the school to be appropriate.
2
A school may submit grant claims on the basis of estimated expenditure (“provisional claims”); but where a provisional claim is submitted, the school shall, as soon as is reasonably practicable, submit a claim in respect of the period in question which is not based on such an estimate and that claim shall supersede the provisional claim.
Payment of grant
8
1
Subject to regulation 6, as soon as is reasonably practicable after she is satisfied that a grant claim is in order, the Secretary of State shall pay the grant in respect of the claim, although she may, where she considers it appropriate to do so, make earlier payments on account in respect of that claim or in respect of a provisional claim relating to the same period.
2
Any over-payment or under-payment of grant which appears to the Secretary of State to have occurred shall be adjusted as soon as is reasonably practicable by payments between the Secretary of State and the school concerned.
PART III
GRANT TO THE ROYAL BALLET SCHOOL FOR THE PROVISION OF BALLET DANCING IN THE UPPER DIVISION
Grant to the Royal Ballet School
9
Subject to the provisions of this Part, the Secretary of State may, in respect of each school year, pay grant to the Royal Ballet School (“the RBS ”) in respect of their expenditure, incurred or to be incurred, in providing education in ballet dancing for pupils in the Upper Division of the RBS.
Conditions of residence applicable to grant
10
1
The Secretary of State may pay such grant to the RBS only in respect of pupils who meet the conditions of residence set out in paragraph 2 of Schedule 1 to these Regulations, as modified by paragraph (2) below (“qualifying pupils”).
2
For the purposes of this regulation, references to “the relevant date” in paragraph 2 of Schedule 1 shall be read as referring to 1st January in the calendar year in which the school year, in respect of which grant is to be paid under this Part, begins.
Amount of grant
11
1
The amount of grant payable by the Secretary of State under this Part in respect of any school year shall, subject to paragraph (2), be such an amount as she may determine after consultation with the RBS.
2
In determining the amount of grant payable to the RBS under this Part, the Secretary of State shall have regard in particular to —
a
the amount of fees or charges received or to be received by the RBS in respect of the provision of education in ballet dancing for qualifying pupils for the school year in respect of which grant is to be paid under this Part; and
3
the amount of grant received or to be received by the RBS for that school year under the Scheme referred to in Part II above to take account of fees and charges remitted by the RBS pursuant to the Scheme.
PART IV
GRANT TO THE CHOIR SCHOOLS' ASSOCIATION BURSARY TRUST
Grant in respect of choristers
12
1
Subject to the provisions of this Part, the Secretary of State may, in respect of each school year, pay grant to the Choir Schools' Association Bursary Trust (“the trust”) in respect of their expenditure, incurred or to be incurred, in connection with the provision of education to pupils to whom paragraph (2) applies.
2
This paragraph applies to pupils who are —
a
admitted as choristers to a choir school on or after 1st September 1991;
b
aged between 8 and 13;
c
considered by the choir school to which they are admitted and by the trust to be likely to benefit from the education provided there.
3
Any reference in this Part to a choir school is a reference to any of the schools listed in Schedule 3.
Conditions of residence applicable to grant
13
1
The Secretary of State may pay such grant to the trust only in respect of pupils who meet the conditions of residence set out in paragraph 2 of Schedule 1 to these Regulations, as modified by paragraph (2) below.
2
For the purposes of this regulation, the references to “the relevant date” in paragraph 2 of Schedule 1 shall be read as referring to 1st January in the calendar year in which the school year, in respect of which grant is to be paid under this Part, begins.
Amount of grant
14
The amount of grant payable by the Secretary of State under this Part in respect of any school year shall be such amount as she may determine after consultation with the trust.
Accounts
15
The choir schools and the trust shall keep such records and accounts and furnish to the Secretary of State such information, documents, returns and accounts as the Secretary of State may from time to time require.
PART V
REVOCATION AND TRANSITIONAL PROVISIONS
Revocation and transitional provisions
16
1
Subject to paragraphs (2) and (3), the Regulations specified in Schedule 4 (“the old Regulations”) are hereby revoked.
2
In the case of a child who held an aided place at a school in the most recent school year beginning before 25th August 1995, any reference in these Regulations to the parents of that child shall be construed, for the purposes of the application of these Regulations in relation to a school year immediately following one in which the child held an aided place (whether under these Regulations or the old Regulations), as a reference to the persons who are his parents within the meaning of regulation 4 of the Education (Grants) (Music and Ballet Schools) Regulations 1989 , as amended by the Education (Grants) (Music and Ballet Schools) (Amendment) Regulations 1991 .
3
The old Regulations shall continue to apply for the purposes of the payment of grant by the Secretary of State in respect of expenditure —
a
incurred by a school in operating the aided pupil scheme described in the old Regulations, and
b
incurred by the RBS and the trust prior to 25th August 1995 in connection with the provision of education in respect of which the Secretary of State was empowered to pay grant pursuant to the old Regulations.


text:
1
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The central line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from the date on which the Secretary of State notifies the County Council of Powys that the new trunk road is open for through traffic.
4
In this Order —
All measurements of distance are measured along the route of the relevant highway;
i
“the deposited plan” means the plan numbered HA 10/2 WO114 marked “The Glanusk Park (Crickhowell)-Llyswen Trunk Road (A479) (Dderw Improvement) Order 1995” signed by the authority of the Secretary of State and deposited at the Welsh Office Repository, Curran Embankment, Cardiff;
ii
“the new trunk road” means the highway mentioned in Article 1 of this Order;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
iv
“the trunk road” means the Glanusk Park (Crickhowell)-Llyswen Trunk Road (A479).
5
This Order shall come into force on 5th October 1995 and may be cited as the Glanusk Park (Crickhowell)-Llyswen Trunk Road (A479) (Dderw Improvement) Order 1995.
Signed by authority of the Secretary of State
P. R. Marsden
A Grade 6 officer in the Welsh Office
8th September 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wrexham Maelor Hospital National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 1st April 1995.
2
In this Order:
“the Authority” means the Clwyd Health Authority;
“the Trust” means the Wrexham Maelor Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 17th August 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 1st April 1995 the trust property shall be transferred from the Authority to the Trust.
John Redwood
Secretary of State for Wales
22nd February 1995


text:
Citation and commencement
1
1
This Order may be cited as the Council Tax (Discount Disregards and Exempt Dwellings) (Amendment) Order 1995.
2
This Order shall come into force on 1st April 1995 except for article 2 which shall come into force on 13th April 1995.
Discount Disregards — the severely mentally impaired
2
For article 3(2)(a) of the Council Tax (Discount Disregards) Order 1992 there shall be substituted the following —
a
an incapacity benefit under section 30A of the Social Security (Contributions and Benefits) Act 1992 ;.
Discount Disregards — teacher training
3
Paragraph 4(3) of Schedule 1 to the Council Tax (Discount Disregards) Order 1992 shall be amended by the insertion at the beginning of the following —
Except in the case of a course for the initial training of teachers in schools,.
Discount Disregards — Prescribed Educational Establishments
4
Paragraph 1 of Schedule 2 to the Council Tax (Discount Disregards) Order 1992 shall be amended by the insertion, after sub-paragraph (g), of the following —
h
an institution accredited by the Teacher Training Agency or, in Wales, by the Higher Education Funding Council for Wales under regulations for the time being in force under section 218(2) and (2A) of the Education Reform Act 1988 .
Exempt Dwellings — students
5
Article 3 of the Council Tax (Exempt Dwellings) Order 1992 shall be amended by the substitution for paragraph (2)(a) of Class N of the following —
a
“relevant person” means —
i
a student;
ii
a student’s spouse or dependant being in either case a person who is not a British citizen and who is prevented, by the terms of his leave to enter or remain in the United Kingdom, from taking paid employment or from claiming benefits; or
iii
a person to whom Class C (school and college leavers) of regulation 3(1) of the Council Tax (Additional Provision for Discount Disregards) Regulations 1992 applies;.
Exempt Dwellings — persons under 18, unoccupied annexes and the severely mentally impaired
6
In article 3 of the Council Tax (Exempt Dwellings) Order 1992, there shall be inserted, after Class R, the following —
Class S: dwelling occupied only by a person or persons aged under 18.
Class T: an unoccupied dwelling which —
forms part of a single property which includes another dwelling; and
may not be let separately from that other dwelling without a breach of planning control within the meaning of section 171A of the Town and County Planning Act 1990 .
Class U: a dwelling occupied only by a person or persons who is or are severely mentally impaired within the meaning given in paragraph 2 of Schedule 1 to the Local Government Finance Act 1992 and who would but for this Order be liable to pay the council tax..
Signed by authority of the Secretary of State for the Environment.
David Curry
Minister of State,
Department of the Environment
7th March 1995
Signed by authority of the Secretary of State for Wales.
Gwilym Jones
Parliamentary Under Secretary of State for Wales
7th March 1995


text:
Citation, commencement and interpretation
1
This Order may be cited as the Dearne Valley Enterprise Zones (Designation) Order 1995 and shall come into force on 3rd November 1995.
2
1
In this Order:
“the Barnsley council” means the Barnsley Metropolitan Borough Council, “the Doncaster council” means the Doncaster Metropolitan Borough Council, “the Rotherham council” means the Rotherham Metropolitan Borough Council, and “the councils” means those three councils;
“the maps” means the six maps prepared in quadruplicate, numbered, marked “Maps referred to in the Dearne Valley Enterprise Zones (Designation) Order 1995”, and signed by an Under Secretary in the Department of the Environment (one set of which has been deposited and is available for inspection at the principal offices of each of the councils, and the other at the offices of the Secretary of State for the Environment), and any reference to a map by number is a reference to the map so numbered; and
any reference to boundaries shown on a map is a reference to boundaries which are represented by the outside edge of a black line edged internally with a stippled band on that map.
Enterprise zones in Barnsley
3
1
In this article, “the Barnsley Zone areas” means the three areas —
a
the boundaries of which are shown on maps 2, 3 and 6 respectively; and
b
to which the Dearne Valley Enterprise Zone No. 2 (Highgate (Fields End) Business Park, Barnsley) Scheme, the Dearne Valley Enterprise Zone No. 3 (Goldthorpe Industrial Estate, Barnsley) Scheme and the Dearne Valley Enterprise Zone No. 6 (Wombwell Bypass (Waterside and Valley Business Parks) Barnsley) Scheme respectively relate.
2
The Barnsley Zone areas are hereby designated as enterprise zones, and the Barnsley council is hereby designated as the enterprise zone authority for those zones.
Enterprise zone in Doncaster
4
1
In this article, “the Doncaster Zone area” means the area the boundaries of which are shown on map 4, and to which the Dearne Valley Enterprise Zone No. 4 (Denaby Lane Industrial Estate, Doncaster) Scheme relates.
2
The Doncaster Zone area is hereby designated as an enterprise zone, and the Doncaster council is hereby designated as the enterprise zone authority for that zone.
Enterprise zones in Rotherham
5
1
In this article, “the Rotherham Zone areas” means the two areas the boundaries of which are shown on maps 1 and 5 respectively, and to which the Dearne Valley Enterprise Zone No. 1 (Manvers East, Rotherham) Scheme and the Dearne Valley Enterprise Zone No. 5 (Cortonwood Park, Rotherham) Scheme respectively relate.
2
The Rotherham Zone areas are hereby designated as enterprise zones, and the Rotherham council is hereby designated as the enterprise zone authority for those zones.
Period of designation
6
Designation under this Order shall take effect on 3rd November 1995, and the designated areas shall remain enterprise zones for a period of 10 years from that date.
Signed by authority of the Secretary of State
Paul Beresford
A Parliamentary Under Secretary in the
Department of the Environment
28th September 1995
We consent,
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
4th October 1995


text:
1
This Order may be cited as the Income Tax (Cash Equivalents of Car Fuel Benefits) Order 1995 and shall come into force on 6th April 1996.
2
In section 158 of the Income and Corporation Taxes Act 1988 (car fuel) for the Tables in subsection (2) (tables of cash equivalents) there shall be substituted —
TABLE A
Cylinder capacity of car in cubic centimetres Cash equivalent
1,400 or less £710 More than 1,400 but not more than 2,000 £890 More than 2,000 £1,320
TABLE AB
Cylinder capacity of car in cubic centimetres Cash equivalent
2,000 or less £640 More than 2,000 £820
TABLE B
Description of car Cash equivalent
Any car £1,320
Derek Conway
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 1995


text:
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 1995 and shall come into force on 1st July 1995.
2
In regulation 36B(14) of the Road Vehicles (Construction and Use) Regulations 1986 , for sub-paragraph (f) there shall be substituted the following sub-paragraph —
f
at a time when it is being used on a public road during any calendar week if —
i
it is being used only in passing from land in the occupation of the person keeping the vehicle to other land in his occupation, and
ii
it has not been used on public roads for distances exceeding an aggregate of six miles in that calendar week,
and for the purposes of this paragraph “public road” has the meaning given in section 62(1) the Vehicle Excise and Registration Act 1994 .
Signed by authority of the Secretary of State
Steven Norris
Parliamentary Under Secretary of State
Department of Transport
8th June 1995


text:
Citation and commencement
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Allerdale Borough Council, St Edmundsbury Borough Council and Uttlesford District Council) Order 1995.
2
Article 4 of this Order shall come into force on 1st January 1996; the remainder of the Order shall come into force on 2nd August 1995.
Exemption of defined activities carried out by Allerdale Borough Council
2
1
The activities mentioned in paragraph (2) below shall not be treated as defined activities so long as they are carried out by the Allerdale Borough Council (“the council”) within any of the relevant parishes before 1st April 1996.
2
The activities are —
a
the cleaning of —
i
shelters,
ii
bandstands, or
iii
buildings situated in a cemetery;
b
the removal of litter from, and the emptying of litter bins on, ground maintained by the council; or
c
the maintenance of ground.
3
In this regulation, “the relevant parishes” means the parishes of Allhallows, Allonby, Aspatria, Blennerhasset and Torpenhow, Boltons, Bowness, Bromfield, Dundraw, Gilcrux, Hayton and Mealo, Holme Abbey, Holme East Waver, Holme Low, Holme St Cuthbert, Kirkbampton, Kirkbride, Oughterside and Allerby, Plumbland, Sebergham, Silloth, Thursby, Waverton, Westnewton, Westward and Wigton.
Exemption of ground maintenance work carried out by St Edmundsbury Borough Council
3
1
The maintenance of ground by the St Edmundsbury Borough Council shall not be treated as a defined activity so long as it is carried out —
a
within the areas described in paragraph (2) below, and to the extent it consists of the work specified in that paragraph, or
b
at any of the sites listed in paragraph (3) below,
before 1st January 1996.
2
The areas referred to in paragraph (1)(a) above are the areas of the parishes of Bardwell, Barnham, Barningham, Barrow, Bradfield St George, Brockley Green, Chedburgh, Chevington, Coney Weston, Culford, Denham, Denston, Depden, Fakenham, Flempton, Fornham All Saints, Fornham St Martin, Fornham St Genevieve, Great Barton, Great Livermere, Great Whelnetham, Hargrave, Haverhill, Hawkedon, Hawstead, Hengrave, Hepworth, Honington, Hopton, Horringer, Ingham, Ixworth, Lackford, Lidgate, Market Weston, Nowton, Ousden, Pakenham, Rede, Risby, Rougham, Sapiston, Stanningfield, Stanton, Troston, Westley, West Stow, Whepstead and Wickhambrook, and the work specified in that sub-paragraph is the cutting and tending of grass.
3
The sites referred to in paragraph (1)(b) above are —
a
the Mildenhall, Howard, Westley and Priors housing estates in Bury St Edmunds;
b
the Sports and Leisure Centre, Beetons Way, Bury St Edmunds;
c
St Edmundsbury House, Western Way, Bury St Edmunds;
d
the Great Churchyard, Bury St Edmunds;
e
the Cemetery, Kings Road, Bury St Edmunds;
f
the Haverhill Cemetery, Withersfield Road, Haverhill;
g
the Haverhill Sports Centre, Ehringhausen Way, Haverhill;
h
public open space at the south end of St Margaret’s Place, Stradishall; and
i
public open space at the rear of houses on the north-west side of March Place, Clare Heights, Clare.
Exemption of vehicle repair and maintenance work by the Uttlesford District Council
4
1
The repair and maintenance of vehicles by the Uttlesford District Council shall not be treated as a defined activity so long as it is carried out in respect of a relevant vehicle before 1st August 1996.
2
In this article “relevant vehicle” means a vehicle used by the District Council in connection with any of their functions.
Amendment
5
In article 2(1) of the Local Government Act 1988 (Defined Activities) (Exemption) (Sports and Leisure Management, Catering and Maintenance of Ground) Order 1995 (exemption of sports and leisure management) for the word “authority” there shall be substituted the word “activity”.
Signed by authority of the Secretary of State
Robert Jones
Parliamentary Under-Secretary of State,
Department of the Environment
5th July 1995