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PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the National Health Service (Injury Benefits) Regulations 1995 and shall come into force on 13th April 1995.
Interpretation
2
1
In these Regulations —
“the 1961 regulations ” means the National Health Service (Superannuation) Regulations 1961 ;
“the 1980 regulations ” means the National Health Service (Superannuation) Regulations 1980 ;
“the pension scheme regulations ” means the National Health Service Pension Scheme Regulations 1995 ;
“the previous regulations ” means the National Health Service (Injury Benefits) Regulations 1974 ;
“assistant practitioner” means —
an employee of a medical practitioner or dental practitioner on the list of a Family Health Services Authority being himself a medical practitioner or dental practitioner who, in such employment, is engaged in assisting his employer in the actual discharge of his duties as such practitioner; and
a medical practitioner who is being trained in general practice as a trainee general practitioner under arrangements made by the Secretary of State;
“average remuneration” means —
in relation to a person other than a practitioner, such amount as would be or would have been his final year’s pensionable pay, within the meaning of regulation C1(6) of the pensions scheme regulations, as an officer to whom those Regulations apply (assuming, in the case of a person to whom regulation 3(1)(c) applies, that he was in receipt of the pensionable pay which would, in the opinion of the Secretary of State, have been payable if he were employed whole-time by an employing authority on similar duties);
or
in relation to a practitioner, the yearly average of such amount as would be or would have been his uprated earnings, within the meaning of paragraph 11(2) of Schedule 2 to the pension scheme regulations, as a practitioner to whom those Regulations apply;
calculated as if he had retired —
in the case of a person eligible for an allowance under regulation 4(3), on the date on which he ceased to be employed as a person to whom regulation 3(1) applies;
in the case of a person eligible for an allowance under regulation 4(4) or (5), on the date on which his emoluments were reduced;
in the case of any other person, on the date on which by reason of the injury or disease his employment ceased:
Provided that in respect of a person to whom regulation 3(1)(a) applies who, immediately before he ceased to be employed by reason fo the injury or disease or as a person to whom regulation 3(1) applies, or immediately before the date on which his emoluments were reduced, as the case may be, was employed as a senior registrar, registrar, senior house officer or house officer, average remuneration shall be increased to the amount which in the opinion of the Secretary of State represents the average remuneration of a general medical practitioner, or a general dental practitioner, as the case may be, of comparable age;
“Dental Practice Board” has the same meaning as in section 12 of the Health and Medicines Act 1988
“emoluments” means all salary, wages, fees and other payments paid or made to a person as such for his own use, and also the money value of any accommodation or other allowances in kind appertaining to his employment, but does not include payments for overtime which are not a usual incident of his employment, or any allowances payable to him to cover the cost of providing office accommodation or clerical or other assistance, or any travelling or subsistence allowance or other money to be spent, or to cover expenses incurred, by him for the purposes of his employment; and where fees or other variable payments were made to a person as part of his emoluments during any period immediately preceding a reduction of emoluments, the amount in respect of fees or other variable payments to be included in the emoluments shall be the average of the fees or other payments paid to him during the period of 3 years immediately proceeding the reduction of the emoluments, or such other period as the Secretary of State may think reasonable in the circumstances;
“employing authority” means —
a health authority within the meaning of section 128 of the National Health Service Act 1977 ,
a Family Health Services Authority established by the Secretary of State pursuant to section 10 of the National Health Service Act 1977 ,
a National Health Service trust established under section 5 of the National Health Service and Community Care Act 1990 ,
the Dental Practice Board, and
any such other body that is constituted under an Act relating to health services and which the Secretary of State agrees to treat as an employing authority for the purposes of these Regulations;
“practitioner” means a medical practitioner or a dental practitioner on the list of a Family Health Services Authority and includes an assistant practitioner;
“relevant pension scheme” means any form of arrangement, whether subsisting by virtue of an Act of Parliament (but not an Act relating to national insurance), trust, contract or otherwise for the provision of pension benefits in connection with employment mentioned in regulation 3(1), other than an arrangement for the payment of additional voluntary contributions under which the rate or amount of benefit payable is calculated by reference to the proceeds of the investment of those contributions;
“service” has the meaning given in regulation 5.
2
Where any pension or child’s allowance which is or would have been payable under a relevant pension scheme is taken into account for the purpose of any calculation under these Regulations, such pension or allowance shall exclude any amount by which it is or would have been increased under the Pensions (Increase) Act 1974 .
PART II
Injury Benefits
Persons to whom the regulations apply
3
1
Subject to paragraph (3), these Regulations apply to any person who, while he —
a
is in the paid employment of an employing authority;
b
is a practitioner;
c
holds an appointment with an employing authority the terms of which declare it to be honorary; or
d
holds an appointment as a member of such body constituted under the National Health Service Act 1977 as the Secretary of State may approve,
(hereinafter referred to in this regulation as “his employment”), sustains an injury, or contracts a disease, to which paragraph (2) applies.
2
This paragraph applies to an injury which is sustained and to a disease which is contracted in the course of the person’s employment and which is attributable to his employment and also to any other injury sustained and, similarly, to any other disease contracted, if —
a
it is attributable to the duties of his employment;
b
it is sustained while, as a volunteer at an accident or emergency, he is providing health services which his professional training and code of conduct would require him to volunteer; or
c
it is sustained while he is travelling as a passenger in a vehicle to or from his place of employment with the permission of employing authority and if in addition —
i
he was under no obligation to the employing authority to travel in the vehicle but, if he had been, the injury would have been sustained in the course of, and have been attributable to, his employment, and
ii
at the time of the injury the vehicle was being operated, otherwise than in the ordinary course of a public transport service, by or on behalf of the employing authority or by some other person by whom it was provided in pursuance of arrangements made with the authority.
3
These Regulations shall not apply to any person in relation to any injury or disease wholly or mainly due to, or seriously aggravated by, his own culpable negligence or misconduct.
Scale of benefits
4
1
Benefits in accordance with this regulation shall be payable by the Secretary of State to any person to whom regulation 3(1) applies whose earning ability is permanently reduced by more than 10 per cent. by reason of the injury or disease, but, in the case of a person to whom paragraph (5) applies, the Secretary of State shall pay those benefits without regard to any reduction in the person’s earning ability.
2
Where a person to whom regulation 3(1) applies ceases to be employed as such a person by reason of the injury or disease and no allowance or lump sum, other than an allowance under paragraph (5), has been paid under these Regulations in consequence of the injury or disease, there shall be payable, from the date of cessation of employment, an annual allowance of the amount, if any, which when added to the value, expressed as an annual amount, of any of the pensions and benefits specified in paragraph (6) will provide an income of the percentage of his average remuneration shown in whichever column of the table hereunder is appropriate to his service in relation to the degree by which his earning ability is reduced at that date.
Table
Degree of reduction of earning ability Service Less than 5 years 5 years and over but less than 15 years 15 years and over but less than 25 years 25 years and over (1) (2) (3) (4) (5)
More than 10% but not more than 25% 15% 30% 45% 60% More than 25% but not more than 50% 40% 50% 60% 70% More than 50% but not more than 75% 65% 70% 75% 80% More than 75% 85% 85% 85% 85%
3
Where, before attaining age 60, a person to whom regulation 3(1) applies ceases to be employed as such a person other than by reason of the injury or disease and no allowance or lump sum, other than an allowance under paragraph (5), has been paid under these Regulations in consequence of the injury or disease, he may be paid, from the date on which he attains age 60, or such earlier date as the Secretary of State may in any particular case allow, an annual allowance of the amount, if any, which when added to the value, expressed as an annual amount, of any of the pensions and benefits specified in paragraph (6) will provide an income of the percentage of his average remuneration shown in whichever column of the table in paragraph (2) is appropriate to his service in relation to the degree by which his earning ability is reduced by reason of the injury or disease at that date.
4
Where a person to whom regulation 3(1) applies suffers a reduction in the emoluments of an employment mentioned in that regulation by reason by the injury or disease, there shall be payable, from the date of that reduction, an annual allowance —
a
of the amount, if any, which when added to the value, expressed as an annual amount, of any of the pensions and benefits specified in paragraph (6), will provide an income of the percentage of his average remuneration shown in whichever column of the table in paragraph (2) is appropriate to his service in relation to the degree by which his earning ability is reduced at the date that his emoluments were reduced; or
b
of the amount, if any, which, when added to the value, expressed as an annual amount, of any pension specified in paragraph (6)(a), will provide an income at the annual rate at which a pension would have been payable to the person under his relevant pension scheme if, on the day before such reduction, he had ceased to be employed and was incapable of discharging efficiently the duties of his employment by reason of permanent ill-health or infirmity of mind or body;
whichever is the greater:
Provided that regulation 13(4) shall apply to that allowance as if the person had ceased to be employed on the day before his emoluments were reduced and had been re-employed on the following day with the reduced emoluments.
5
Where a person to whom regulation 3(1) applies is on leave of absence from an employment mentioned in that regulation with reduced emoluments by reason of the injury or disease, there shall be payable during the period of such leave an annual allowance of the amount, if any, which when added to the aggregate of —
a
the emoluments payable to the person during his leave of absence, and
b
the value, expressed as an annual amount, of any of the pensions and benefits specified in paragraph (6),
will provide an income of 85 per cent. of his average remuneration.
6
The pensions and benefits specified in this paragraph are —
a
any pension payable to the person under a relevant pension scheme, disregarding any reduction in the amount of that pension under regulation T5 (offset for crime, negligence or fraud) or T6 (loss of rights to benefits) of the pension scheme regulations and disregarding any increase in the amount of that pension, under the Pensions (Increase) Act 1971 , after the date at which the average remuneration used in the calculation of the allowance was calculated;
b
any of the following benefits, at the rates in operation at the date on which the employment ceased or the emoluments were reduced, as the case may be, which are payable to the person —
i
disablement pension or gratuity payable under section 103 of the Social Security Contributions and Benefits Act 1992 or so much of any such pension or gratuity as relates to the injury or disease (hereinafter referred to as “the relevant part”), together with —
a
any increase in such pension payable by way of unemployability supplement under paragraph 2 of Part I of Schedule 7 to that Act (or so much of any such increase as is proportionate to the relevant part of the said pension) but excluding any increase in that supplement under paragraph 3 of Part I of Schedule 7 to that Act; and
b
any increase in such pension payable under paragraphs 4 or 6 of Part I of Schedule 7 to that Act in respect of a dependant or so much of any such increase as is proportionate to the relevant part of the said pension;
but excluding any increase under sections 104 (increase where constant attendance is needed) or 105 (increase for exceptionally severe disablement) of that Act;
ii
incapacity benefit payable under section 30A of the Social Security Contributions and Benefits Act 1992 in respect of the injury or disease together with any increase in such benefit payable under sections 53(2) (married women), 80, 83 and 85 (dependants) of, or Schedule 5 (deferred retirement) to, that Act;
iii
severe disablement allowance payable under section 68 of the Social Security Contributions and Benefits Act 1992 in respect of the injury or disease together with any increase in such allowance payable under section 90(1) (dependants) of that Act;
iv
reduced earnings allowance payable under paragraph 11 of Part IV of Schedule 7 to the Social Security Contributions and Benefits Act 1992 in respect of the injury or disease;
v
retirement allowance payable under paragraph 13 of Part V of Schedule 7 to that Act in respect of the injury or disease.
7
Where the relevant pension scheme is the Federated Superannuation System for Universities, the Federated Superannuation Scheme for Nurses and Hospital Officers or any other scheme under which the benefits may be paid otherwise than as an annual pension, and all or part of the contributions to the scheme on behalf of the person have been paid from public funds, the pension payable thereunder shall, for the purposes of paragraph (6)(a), be deemed to include three-quarters of such sum that, in the opinion of the Secretary of State, represents the value, expressed as an annual amount, of the benefits of the policies or accumulated investments held under the scheme on behalf of the person.
8
Where a practitioner has received payments under regulation 75 of the 1961 regulations or under regulation 79 of the 1980 regulations, there shall, for the purposes of paragraph (6)(a), be deemed to be payable to him a pension of such amount, if any, as the Secretary of State thinks fit, but not exceeding the amount of the pension to which the practitioner would, if he had not been entitled to such payments, have become entitled under those regulations, in respect of the period or periods for which such payments were made to him, if he had attained age 60 and had served the minimum period of qualifying service.
9
A person mentioned in paragraph (2) or (3), or a person mentioned in paragraph (4) who subsequently ceases to be employed as such a person by reason of the injury or disease, shall be entitled to receive a lump sum of the proportion of average remuneration shown in column (2) of the table hereunder in relation to the degree by which his earning ability is reduced.
Table
Degree of reduction of earning ability Proportion of average remuneration (1) (2)
More than 10% but not more than 25% One-eighth More than 25% but not more than 50% One-quarter More than 50% but not more than 75% Three-eighths More than 75% One-half
Meaning of service
5
A person’s service shall comprise all of the periods which at the date on which he ceased to hold an employment or appointment mentioned in regulation 3(1), or on which the emoluments of such employment or appointment were reduced, as the case may be, fell within any of the following descriptions, but no period shall be taken into account under more than one description —
a
any period during which he held such employment or appointment;
b
any period of employment that would be taken into account for any purpose of a relevant pension scheme;
and
c
any other period that the Secretary of State may approve in any particular case.
PART III
Benefits on Death of Injured Person
Grounds of entitlement
6
If a person to whom these Regulations apply dies as a result of, or his death was, in the opinion of the Secretary of State, substantially hastened by, the injury or disease, the Secretary of State shall pay in respect of that person (hereinafter referred to as “the deceased”) the benefits described in this part of these Regulations, except that such benefits shall not be payable in respect of an injury or disease wholly or mainly due to, or seriously aggravated by, the culpable negligence or misconduct of the deceased.
Widow’s or widower’s allowance
7
1
Subject to the provisions of this regulation and to regulation 10, there shall be payable to the widow or widower of a person mentioned in regulation 6 an annual allowance of the amount, if any, which when added to the amount of any pension payable under a relevant pension scheme in respect of the deceased, to or for the benefit of the widow or widower, will provide an income of 45 per cent. of the deceased’s average remuneration.
2
Subject to paragraph (3), for the first 6 months immediately following the death of a person who, at the date of his or her death was entitled to an allowance under these Regulations, there shall be payable to the widow or widower an annual allowance of the amount, if any, which when added to the aggregate mentioned in paragraph (1) will provide an income of the percentage of average remuneration by reference to which the deceased’s annual allowance was calculated:
Provided that this paragraph shall not apply where the aggregate of annual allowances otherwise payable under paragraph (1) and regulations 8(1) and 9(1) would exceed an allowance payable under this paragraph.
3
A widow or widower shall not be entitled to receive an allowance —
a
if the marriage took place after the deceased last ceased to be employed as a person to whom these Regulations apply or after the date on which his or her earning ability was reduced as a result of the injury or disease, whichever is the later;
b
if at the date of the deceased’s death such widow or widower and a man or, as the case may be, a woman to whom she or he is not married are living together as husband and wife; or
c
in respect of any period after such widow or widower remarries or during which she or he lives together with another person as if she or he was married to that other person, so, however, that where such marriage has terminated, the Secretary of State may restore an allowance to a widow or widower if she is satisfied that such widow or widower is suffering hardship.
4
Where the deceased died before 6th April 1988, a widower shall not be entitled to receive an allowance unless, at the date of the deceased’s death, he was incapable by reason of permanent ill-health or infirmity of mind or body of earning his own living and was wholly or mainly dependent upon the deceased.
Child’s allowance
8
1
Subject to the provisions of this regulation and to regulation 10, on the death of a person mentioned in regulation 6 or, where an allowance is payable under regulation 7(2), on the termination of payment of that allowance, there shall be payable to any dependent child or children an annual allowance of the amount, if any, which when added to the annual amount of any pension payable under a relevant pension scheme in respect of the deceased to, or for the benefit of, such child or children will provide an income of 10 per cent. of the deceased’s average remuneration multiplied by the number of children not exceeding four, or of twice that sum where there is no surviving parent:
Provided that where the Secretary of State is satisfied that a surviving parent is not maintaining such child or children, she may pay the allowance as if there were no surviving parent.
2
Subject to the provisions of this regulation, “dependent child” means any child who is —
a
a child or grandchild of the deceased;
b
a step-child of the deceased by a marriage entered into before the date on which the deceased ceased to be in employment mentioned in regulation 3(1) or a child legally adopted by the deceased before that date;
c
a brother or sister, or a child of a brother or sister, of the deceased or the deceased’s spouse (any half-brother or step-brother being treated as a brother, and any half-sister or step-sister being treated as a sister, for this purpose); or
d
a child who, immediately before the deceased ceased to be in employment mentioned in regulation 3(1), the deceased had intended to adopt or a child who, at that time, had been dependent on the deceased for 2 years or (if less) half the child’s life;
and who satisfies the requirements of paragraph (3).
3
The requirements of this paragraph are satisfied by any child described in paragraph (2) who was —
a
born before the deceased ceased to be in employment mentioned in regulation 3(1) and who was dependent on the deceased when the deceased died and, if the deceased died after ceasing to be in employment mentioned in regulation 3(1), was also dependent on the deceased when the deceased ceased to be in such employment; or
b
born one year or less after the deceased ceased to be in employment mentioned in regulation 3(1) (being a date on or after 26 November 1990) and who either was dependent on the deceased both immediately after being born and when the deceased died, or would have become dependent on the deceased if the deceased had not died before the child was born.
4
A child is a dependent child for so long as he is —
a
under age 17; or
b
aged 17 or over and continuing in full-time education; or
c
aged 17 or over and participating in full-time training for a trade, profession or vocation, for which he is not receiving remuneration in excess of the allowable maximum; or
d
aged 17 or over and taking a break in such full-time education or training providing the Secretary of State is satisfied that the child intends to return to some such education or training.
5
A child who is aged 17 or over and who has ceased to be a dependent child will be treated as a dependent child if he returns to full-time education, or to full-training for a trade, profession or vocation for which he is not receiving remuneration in excess of the allowable maximum, before reaching age 21 and within 12 months after ceasing to be a dependent child.
6
In this regulation, the “allowable maximum” means the amount to which a pension under the pension scheme regulations of £1,702 a year beginning on 11th April 1994 would have been increased under Part I of the Pensions (Increase) Act 1971 at the date in question (calculated as if the words “for a period of not less than two years” in section 3(3)(d) of that Act were omitted), plus the yearly amount of any expenses necessarily incurred for the purposes of the education or training.
7
An allowance payable under this regulation shall be paid to the child, or, in such proportion as the Secretary of State thinks fit, to the children, entitled thereto:
Provided that the Secretary of State may, if she thinks fit, pay the allowance to such other person or persons as she may specify and such person or persons shall apply such allowance, in accordance with any directions given by the Secretary of State, for the benefit of the child or children entitled thereto.
Dependent relative’s allowance
9
1
Subject to paragraph (4) and to regulation 10, on the death of a person mentioned in regulation 6 or, where an allowance is payable under regulation 7(2), on the termination of payment of that allowance, an annual allowance calculated in accordance with paragraph (2) or (3), as the case my be, shall be payable to —
a
a parent who is either the deceased’s mother or his father or his spouse’s mother or father, and who was wholly or mainly dependent on the deceased at the date of his death; and
b
each child who has attained the age of 17 years and is not receiving full-time education or undergoing full-time training for a trade, profession or vocation, but who, if he or she had not attained the age of 17 years, would be entitled to an allowance under regulation 8, and who was incapable by reason of permanent ill-health or infirmity of mind or body of earning his or her own living at the date of the death of the deceased or at the date he or she ceased to be entitled to an allowance under regulation 8, whichever is the later, and has at all times since then been so incapable,
(hereinafter referred to as “a dependent relative”).
2
The annual allowance payable to a dependent relative referred to in paragraph (1)(a) shall be payable to the first dependent relative therein mentioned who is eligible at any one time and shall be the amount, if any, which when added to the annual amount of any pension payable under a relevant pension scheme in respect of the deceased to that dependent relative will provide an income of 20 per cent. of the deceased’s average remuneration, or of 45 per cent. of that amount, during any period in which there is no widow or widower of the deceased to whom an allowance is or might be payable under regulation 7:
Provided that where the Secretary of State is satisfied that during any period that dependent relative is not being maintained by a surviving spouse of the deceased, she may pay the allowance during such period as if there were no surviving spouse.
3
The annual allowance payable to a dependent relative referred to in paragraph (1)(b) shall be the amount, if any, which when added to the annual amount of any pension payable under a relevant pension scheme in respect of the deceased to that dependent relative will provide an income of 20 per cent. of the deceased’s average remuneration, or of 45 per cent. of that amount, where the dependent relative has no surviving parent:
Provided that where the Secretary of State is satisfied that during any period that dependent relative is not being maintained by a surviving parent, she may pay the allowance during such period as if there were no surviving parent.
4
A dependent relative shall not be entitled to receive an allowance —
a
if he or she subsequently marries or is living together with another person as husband and wife; or
b
in respect of any period exceeding one month during which he or she is maintained out of money provided by Parliament in a hospital or other institution so maintained.
5
An allowance payable to a dependent relative may be paid to such other person as the Secretary of State may specify and that person shall apply the allowance, in accordance with any directions given by the Secretary of State, for the benefit of that dependent relative.
6
In paragraph (1)(a), a reference to a parent includes a reference to a step-parent and an adoptive parent.
Restriction of allowances
10
Where, apart from this regulation, the aggregate of the annual rates of allowances payable under regulations 7 to 9 and of any pensions or benefits taken into account in calculating the allowances would exceed the rate of the deceased’s average remuneration, the individual allowances shall be reduced by such amounts as the Secretary of State may from time to time think fit so that such aggregate does not exceed the rate of the deceased’s average remuneration.
Lump sum payment on death
11
1
On the death of a person mentioned in regulation 6 a lump sum of one-half of his average remuneration —
a
shall be payable to the widow or widow or widower to whom an allowance in respect of the deceased is payable under regulation 7;
b
if not payable under (a) above, shall be payable to the child or among the children of the deceased or of his spouse, to whom an allowance in respect of the deceased is payable under regulation 8 or 9(1)(b) and (3);
c
if not payable under (a) or (b) above, shall be payable to a dependent relative to whom an allowance in respect of the deceased is payable under regulation 9(1)(a) and (2); or
d
if not payable under (a), (b) or (c) above, shall be payable to any other child or among any other children to whom an allowance in respect of the deceased is payable under regulations 8 or 9(1)(b) and (3);
Provided that a lump sum shall not be paid under this regulation if a lump sum has been paid to the deceased under regulation 4(9) in respect of the same injury or disease.
2
The provisions of regulation 8(7) or 9(5), as the case may be, shall apply in respect of a payment under paragraph (1)(b), (c) or (d).
Incidental provisions
12
1
For the purposes of this Part of these Regulations, the amount of a pension payable under a relevant pension scheme shall be deemed not to include any amount by which that pension is increased under the Pensions (Increase) Act 1971 after the date at which the average remuneration used in the calculation of the allowance was calculated.
2
Where the relevant pension scheme is a scheme mentioned in regulation 4(7), the pension payable under such a scheme shall, for the purposes of this Part of these Regulations, be deemed to include such sum, if any, which, in the opinion of the Secretary of State, represents the value, expressed as an annual amount, of the benefits payable under that scheme in respect of the deceased to the person entitled to the allowance.
3
Where the deceased was a practitioner who received payments under regulation 75 of the 1961 regulations or regulation 79 of the 1980 regulations, there shall, for the purposes of regulations 7 to 9, be deemed to be payable under the relevant pension scheme a pension of such amount, if any, as the Secretary of State thinks fit, but not exceeding the amount of the widow’s or the widower’s pension or the child’s allowance, as the case may be, which would, if the deceased had not been entitled to such payments, have been payable under the pension scheme regulations in respect of the period or periods for which such payments were made to him or her.
4
Any child who becomes, or children who became, entitled to benefits in respect of more than one deceased shall be entitled to receive only those benefits in respect of that deceased which, in the opinion of the Secretary of State, provide the more favourable result.
PART IV
Review of Allowance and Miscellaneous
Review and adjustment of allowance
13
1
The Secretary of State shall review the amount of an allowance payable under Part II of these Regulations in the light of —
a
a further reduction of the person’s earning ability by reason of the injury or disease;
b
the commencement or cessation of payment to the person of a benefit mentioned in regulation 4(6)(b), by reason of the injury or disease; or
c
the commencement of a pension payable to the person under a relevant pension scheme or an increase in such a pension not being an increase under the Pensions (Increase) Act 1971; and for this purpose such pension shall be deemed to be reduced proportionately by the amount by which an official pension, that began on the date at which the average remuneration used in the calculation of allowance was calculated, would have been increased under the Pensions (Increase) Act 1971 by the date of the increase or commencement of the first mentioned pension.
2
A person not entitled to benefits under these Regulations by reason only that his earning ability was not permanently reduced by more than 10 per cent. shall be entitled to receive such benefits if, in consequence of a further reduction by reason of the inquiry or disease, his earning ability is permanently reduced to aggregate by more than 10 per cent. except that such benefits shall not be payable in respect of any period before such further reduction or for a period of more than 13 weeks before the Secretary of State is notified in writing of such further reduction, whichever is the later.
3
The Secretary of State shall review the amount of an allowance payable under Part III of these Regulations in the light of any reduction in, or the cessation of, a pension under a relevant pension scheme in respect of the deceased payable to the person entitled to such allowance.
4
Where a person who is entitled to an allowance under Part II again becomes employed in an employment mentioned in regulation 3(1) or becomes employed in an employment mentioned in any corresponding provision in force in Scotland, Northern Ireland or the Isle of Man, then, whilst he continues in such employment, the allowance under Part II shall be abated by an amount by which it would, when aggregated with his relevant income, exceed the amount of his former earnings.
For the purposes of this paragraph —
a
“relevant income” means the amount of any emoluments payable to the person in question in respect of the further employment plus the amount of any pension payable to him under a relevant pension scheme;
b
“former earnings” means, in relation to that person, the average remuneration by reference to which the allowance was determined or the annual rate of his emoluments at the date on which the allowance became payable, whichever is higher;
c
where the further employment is employment of the type mentioned in regulation 3(1)(c), that person shall be deemed to be in receipt of emoluments equal in amount to those which would have been payable, in the opinion of the Secretary of State, to a person employed whole-time by an employing authority on similar duties.
5
Where, on review of an allowance under the previous regulations, regulation 4(6)(b)(vi) of those Regulations did not apply by reason that the person to whom the allowance was payable was not in the employment of an employing authority on or after 1st April 1991 then, on any further review of the allowance payable to that person under these Regulations, no account shall be taken of any amount mentioned in regulation 4(6)(b)(iv) or (v).
Loss of rights to benefit
14
The Secretary of State may direct that all or part of any benefit under these Regulations payable to or in respect of a person whom these Regulations apply be forfeited if that person is convicted of any of the following offences committed before the benefit becomes payable —
a
an offence in connection with employment mentioned in regulation 3(1), which is certified by the Secretary of State either to have been gravely injurious to the State or to be liable to lead to a serious loss of confidence in the public service;
b
an offence of treason;
c
one or more offences under the Official Secrets Acts 1911 to 1989 for which the person has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in aggregate to, at least 10 years.
Offset for crime, negligence or fraud
15
1
If a loss to public funds occurs as a result of the criminal, negligent or fraudulent act or omission of a person to whom these Regulations apply, the Secretary of State may reduce any benefit under these Regulations payable to, or in respect of, that person by an amount equal to this loss.
2
If the loss to public funds is equal to or greater than the value of the benefit under these Regulations payable to or in respect of the person, a reduction under paragraph (1) may result in the benefits ceasing to be payable.
3
The Secretary of State shall give the person a certificate specifying the amount of the loss to public funds and of the reduction in benefits.
4
If the amount of the loss is disputed, no reduction in benefits will be made until the person’s obligation to make good the loss has become enforceable under the order of a court or arbitrator.
5
Where the loss referred to in paragraph (1) is suffered by an employing authority, the amount of the reduction in benefits will be paid to the employing authority.
Officers transfered in consequence of reorganisation
16
1
This regulation shall apply to or in respect of any person who was transferred to the employment of an employing authority under the National Health Service Reorganisation Act 1973 and who, having remained in the employment of that authority without break of one day or more, suffers an injury or contracts a disease in respect of which, had he remained in his previous employment, he would have been eligible to receive benefits by virtue of any enactment, scheme or arrangement associated with that employment.
2
Where the Secretary of State if of the opinion that, in relation to any person to whom or in respect of whom this regulation applies, any benefits specified in paragraph (1)
a
would, when taken as a whole, have been more favourable than any benefits payable under these Regulations, or
b
would have been payable where no benefits would have been payable under these Regulations,
the Secretary of State, having regard to the provisions of such enactment, scheme or arrangement, may make such payments, to or in respect of such person, supplementary to any benefits which otherwise might be payable under these Regulations, as the Secretary of State considers equitable so that the benefits, taken as a whole, are not less favourable then those which might be payable under such provisions.
Damages
17
1
The Secretary of State shall take into account against the benefits provided in these Regulations any damages or compensation recovered by any person in respect of the injury or disease or in respect of the death of a person to whom these Regulations apply, and such benefits may be withheld or reduced accordingly.
2
For the purposes of paragraph (1), a person shall be deemed to have recovered damages —
a
whether they are paid in pursuance of a judgement or order of a court or by way of settlement or compromise of his claim and whether or not proceedings are instituted to enforce the claim; or
b
if they are recovered for his benefit in respect of a claim under the Fatal Accidents Act 1976 .
3
Where any payments in respect of a benefit under these Regulations are made before the right to, or the amount of, such damages or compensation is finally determined, then if and when a right to and the amount of such damages or compensation is finally determined the Secretary of State shall have the right to recover from the beneficiary an amount not exceeding —
a
where the amount of the payments made by the Secretary of State is less than the net amount of the damages or compensation, the amount of those payments;
b
where the amount of those payments is not less than the net amount of the damages or compensation, such part of those payments as is equal to the net amount of the damages or compensation.
4
So far as any amount recoverable under this regulation represents a payment made by the Secretary of State from which income tax has been deducted before the payment, the proper allowance shall be made in respect of the amount so deducted, and in this regulation the expression “the net amount of the damages or compensation” means the amount of the damages or compensation after deducting any tax payable in the United Kingdom or elsewhere to which the damages or compensation are subject.
5
No proceedings shall be brought to recover any amount under this regulation —
a
after the death of the recipient of the payments; or
b
after the expiration of 2 years from the date on which a right to, and the amount of, the damages or compensation is finally determined or from the date on which the final determination first came to the knowledge of the Secretary of State, if later.
6
A certificate issued by the Secretary of State and stating the date on which the final determination of a right to, and of the amount of, any damages or compensation first came to her knowledge shall be admissible in any proceedings as sufficient evidence of that date.
Avoidance of duplicate benefits
18
If the Secretary of State is of the opinion that an injury or disease has been, or will be, taken into account for the purpose of any corresponding scheme the benefits of which or contributions towards which are payable out of public funds, she may make such deduction from the benefits under these Regulations as may appear to her to be equitable in order to secure that there may not be payable in respect of the same injury or disease benefits under these Regulations as well as benefits under a corresponding scheme.
Medical examination
19
The Secretary of State may require any person entitled, or claiming to be entitled, to an allowance under Part II of these Regulations, or under Part III of these Regulations on the grounds that he is incapable by reason of permanent ill-health or infirmity of mind or body of earning his own living, to submit to a medical examination by a registered medical practitioner selected by the Secretary of State, and in that event the Secretary of State shall also offer the person an opportunity of submitting a report from his own medical adviser as a result of an examination by him, and the Secretary of State shall take that report into consideration together with the report of the medical practitioner selected by the Secretary of State.
Benefits not assignable
20
Subject to the provisions of any enactment in that behalf, any benefit to which a person becomes entitled under these Regulations shall be payable to, or in trust for, that person and shall not be assignable.
Payment to personal representatives
21
Where, on the death of any person, any sum not exceeding £5,000 or such higher amount as would for the time being be applicable in relation to the death if these Regulations were an enactment to which section 1 of the Administration of Estates (Small Payments) Act 1965 (maximum amount disposable on death without representation) applied, is due to or in respect of that person under these Regulations, the Secretary of State may dispense with proof of the title of the personal representatives of that person and pay that sum to the personal representatives or to the person, or to or among any one or more of any persons, appearing to the Secretary of State on such evidence as she deems satisfactory to be entitled by law to a beneficial interest therein and any person to whom such a payment is made, and not the Secretary of State, shall thereafter be liable to account for any amount so paid.
Determination of questions
22
Any question arising under these Regulations as to the rights or liabilities of a person to whom these Regulations apply, or of a person claiming to be treated as such, or of the widow or widower or any dependant of such a person, shall be determined by the Secretary of State.
Option to persons detrimentally affected by these Regulations
23
1
This regulation applies in relation to any benefit which is payable to or in respect of a person who, having served in an employment or office, service in which qualified persons to participate in the benefits provided under the previous regulations, ceased to serve therein before these Regulations came into force.
2
Where, in a case to which this regulation applies, any provision of these Regulations would operate in relation to any person so as to place that person in a worse position than he would have been if that provision had not applied, that person may elect that the provision shall not apply by giving notice in accordance with paragraph (3).
3
A notice given pursuant to paragraph (2) shall be in writing and shall be delivered to the Secretary of State within 6 months of the coming into force of these Regulations or such longer period as the Secretary of State may allow.
4
An election pursuant to paragraph (2) shall have effect in relation to the benefit referred to in paragraph (1) only to the extent that such benefit has accrued by virtue of periods of service rendered prior to the cessation referred to in paragraph (1) (or, if there has been more than one such cessation, the last of them before the coming into force of these Regulations) and in determining entitlement to, and the amount of, the benefit to that extent, such person shall be treated as if he had never recommended service at any time after that cessation (or, as the case may be, the last such cessation).
Revocations and savings
24
1
The Regulations or Orders specified in column 1 of the Schedule to these Regulations are hereby revoked to the extent mentioned in column 2 of that Schedule.
2
Anything done under, or by virtue of, any regulation revoked by these Regulations, if it could have been done under or for the purpose of the corresponding provision of these Regulations, shall be deemed to have been done under or by virtue of the corresponding provision of these Regulations and anything begun under, or by virtue of, any such regulation may be continued under these Regulations as if begun under these Regulations.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State
Department of Health
21st March 1995
We consent to the making of these Regulations
Andrew Mitchell
Tim Wood
Lords Commissioners of Her Majesty’s Treasury
23rd March 1995


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 1995 and shall come into force on 7th June 1995.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Manufactured Overseas Dividends) Regulations 1993 and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 2 for the definition of “chargeable period” there shall be substituted —
“chargeable period” has the meaning given by regulation 2A;
.
4
After regulation 2 there shall be inserted the following regulation —
Chargeable period
2A
1
In these Regulations “chargeable period” —
a
as respects a company, means its accounting period for the purposes of corporation tax;
b
as respects a person other than a company who pays a manufactured overseas dividend in a period for which he draws up accounts (“the accounts period”), means the period in which the payment is made, being one of the periods specified in paragraph (2) below.
c
as respects a person other than a company who pays a manufactured overseas dividend on a date falling within a time for which he does not draw up accounts (“the non-accounts period”), means the period in which the payment is made, being one of the periods specified in paragraph (3) below;
2
The periods specified in this paragraph are —
a
the period which begins at the beginning of the accounts period and ends at the expiration of 12 months from that date or, if earlier, at the end of the accounts period;
b
any subsequent period which —
i
begins at the end of the immediately preceding period, being a period specified in this paragraph, and
ii
ends at the expiration of 12 months from that date or, if earlier, at the end of the accounts period.
3
The periods specified in this paragraph are —
a
the period which begins on the date of the first payment of a manufactured overseas dividend made by that person in the non-accounts period and ends at the expiration of 12 months from the date of that payment or, if earlier, at the end of the non-accounts period;
b
any subsequent period which —
i
begins on the date on which a manufactured overseas dividend is first paid by that person after the end of the immediately preceding period, being a period specified in this paragraph, and
ii
ends at the expiration of 12 months from the date of that payment or, if earlier, at the end of the non-accounts period.
5
In regulation 9 —
a
after sub-paragraph (a) of paragraph (2) there shall be inserted the following sub-paragraph —
aa
the overseas dividends referred to in paragraph (1)(a) are not treated, by virtue of paragraph 5(2)(b) of Schedule 23A, as the income of a person other than the overseas dividend manufacturer,
;
b
after paragraph (4) there shall be inserted the following paragraph —
4A
Subject to paragraph (5), where —
a
overseas dividends or manufactured overseas dividends received by the overseas dividend manufacturer in any chargeable period fall to be matched, in accordance with regulation 10(1), against manufactured overseas dividends paid by him in that period, or
b
tax attributable to overseas dividends or manufactured overseas dividends received by him in any chargeable period is set off, in accordance with this regulation, against tax attributable to manufactured overseas dividends paid by him in that period,
relief under Part XVIII of the Taxes Act may not be claimed by the overseas dividend manufacturer in respect of any tax attributable to the overseas dividends or manufactured overseas dividends received.
6
In regulation 10(1)(a) —
a
in paragraph (i) for the words from “pursuant” to the end there shall be substituted the words “other than manufactured overseas dividends in respect of which tax falls to be accounted for and paid under paragraph 4(3) of Schedule 23A or regulation 4(3)”;
b
in paragraph (iii) for the words “has been” in the second place where they occur there shall be substituted the words “falls to be”.
Timothy Kirkhope
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
16th May 1995


text:
1
This Order may be cited as the Immigration (Transit Visa) (Amendment) Order 1995 and shall come into force on 24th October 1995.
2
For the Schedule to the Immigration (Transit Visa) Order 1993 there shall be substituted the Schedule to this Order.
Home Office
Ann Widdecombe
Minister of State
5th October 1995


text:
1
These Regulations may be cited as the Community Trade Mark (Fees) Regulations 1995 and shall come into force on 1st January 1996.
2
Where, pursuant to Article 25 of the Community Trade Mark Regulation , an application for a Community trade mark is filed at the Patent Office, the fee to be paid shall be £15.00.
Ian Taylor
Parliamentary Under-Secretary of State for Science and Technology,
Department of Trade and Industry
5th December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Advisory Board on the Registration of Homoeopathic Products) Order 1995 and shall come into force on 20th February 1995.
2
In this Order —
“certificate of registration” means a certificate for the purposes of the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 ;
“homoeopathic medicinal product” means a medicinal product (which may contain a number of principles) prepared from products, substances or compositions called homoeopathic stocks in accordance with a homoeopathic manufacturing procedure described by the European Pharmacopoeia or, in the absence thereof, by any pharmacopoeia used officially in a member State.
Advisory Board on the Registration of Homoeopathic Products
2
1
The Advisory Board on the Registration of Homoeopathic Products, provision for the establishment of which was made by article 2 of the Medicines (Advisory Board on the Registration of Homoeopathic Products) Order 1994 , is a committee established for the purpose of giving advice with respect to the safety and quality of —
a
any homoeopathic medicinal product in respect of which the conditions set out in paragraph (2) below are met; and
b
any homoeopathic medicinal product which satisfies the conditions set out in Article 7 of Council Directive 92/74/ EEC ,
and to which any provision of the Medicines Act 1968 is applicable.
2
The conditions referred to in paragraph (1)(a) above are that:
a
the product is one to which Article 2(1) of Council Directive 92/73/EEC applies;
b
the product is for oral or external administration;
c
no specific therapeutic indication appears on the labelling of the product or in any information relating thereto;
d
the product is one in respect of which —
i
an application for a certificate of registration has been made in accordance with regulation 4(1) of the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994, or
ii
an application for the renewal of such a certificate has been made in accordance with regulation 8(3) of those Regulations, or
iii
the licensing authority proposes to suspend or revoke the certificate of registration.
Revocation
3
The Medicines (Advisory Board on the Registration of Homoeopathic Products) Order 1994 is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
6th February 1995
John Redwood
Secretary of State for Wales
7th February 1995
Fraser of Carmyllie
Minister of State The Scottish Office
8th February 1995
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
8th February 1995
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 7th February 1995.
F. A. Elliott
Permanent Secretary
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on 10th February 1995.
J. Murray
Permanent Secretary


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Operators' Licences) Regulations 1995 and shall come into force on 1st January 1996.
Revocation
2
The Public Service Vehicles (Operators' Licences) Regulations 1986 , the Public Service Vehicles (Operators' Licences) (Amendment) Regulations 1990 , the Public Service Vehicles (Operators' Licences) (Amendment) Regulations 1993 and the Public Service Vehicles (Operators' Licences) (Amendment) Regulations 1995 are hereby revoked.
Interpretation
3
1
In these Regulations, unless the context otherwise requires —
“the 1981 Act” means the Public Passenger Vehicles Act 1981;
“the 1985 Act ” means the Transport Act 1985;
“designated sporting event” has the same meaning as in the Sporting Events (Control of Alcohol) Act 1985 ;
“disc” means an operator’s disc issued under section 18;
“fax” means the making of a facsimile copy of a document by the transmission of electronic signals;
“holder” in relation to a licence means the person to whom that licence was granted;
“licence” means a PSV operator’s licence and “special licence” has the same meaning as in section 12(2) of the 1985 Act;
“local authority” has the meaning given by section 14A(4);
“Notices and Proceedings” has the same meaning as in regulation 3 of the Public Service Vehicles (Traffic Commissioners: Publications and Inquiries) Regulations 1986 ;
“traffic regulation conditions” has the meaning given by section 7(1) of the 1985 Act; and
“vehicle examiner” means an examiner appointed under section 66A of the Road Traffic Act 1988 .
2
Unless the context otherwise requires, any reference in these Regulations to:
a
a numbered section is a reference to the section bearing that number in the 1981 Act;
b
a numbered regulation is a reference to the regulation bearing that number in these Regulations;
c
a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears.
Inspection of applications
4
1
The traffic commissioner who receives an application for a licence shall, until that application is determined, make it (or any part of it) available for inspection by any person who is authorised in that behalf by any chief officer of police or local authority and who so requests in writing.
2
The traffic commissioner may satisfy his obligation under paragraph (1) by either:
a
making the application, or, as the case may be, part of it, available for inspection at the office of his Traffic Area; or
b
on prior receipt of his expenses, posting a copy of the application, or, as the case may be, part of it, to the person making the request.
Objections to applications for licences
5
1
The prescribed time within which an objection under section 14A must be made is the period of 21 days beginning with the day after the date when the notice of the application is published in Notices and Proceedings.
2
The prescribed manner for making an objection for the purposes of section 14A is by serving on the traffic commissioner a document —
a
setting out the objection; and
b
signed by or on behalf of the person making the objection.
3
Service of a document on the traffic commissioner shall, for the purposes of this regulation, be effected by —
a
delivering it; or
b
sending it by post; or
c
transmitting it by fax,
to the traffic commissioner at the office of his traffic area.
4
A copy of every document setting out an objection shall be sent by the objector to the applicant on the day or the next working day after it is made.
Determination of applications
6
A traffic commissioner shall not refuse an application for a licence, or grant it other than as requested without giving to the applicant an opportunity to state his case at an inquiry save where the application or the applicant’s conduct in relation to it is frivolous or unreasonable.
Description of conditions attached to licences
7
1
For the purpose of section 16(3), the prescribed description of conditions is any condition regulating any of the matters specified in paragraph (2) in relation to a journey, or part of a journey, the purpose or the main purpose of which is to carry passengers to or from a designated sporting event.
2
The matters referred to in paragraph (1) are —
a
the times of departure and arrival of the outward journey and of the homeward journey; and
b
the length of any break in the outward journey or the homeward journey and the places at which any such break may occur.
Requirements of notice and consideration of representations
8
Before —
a
attaching to a licence, except on granting the licence, any condition or additional condition in exercise of his powers under section 16(3), or
b
altering, in exercise of his powers under section 16(5)(a) other than at the holder’s request, any condition attached to a licence under section 16(3) (except a condition treated as so attached by virture of section 27(4) of the 1985 Act),
the traffic commissioner who granted the licence shall give the holder notice of his proposal to attach or alter any such condition, and that commissioner shall consider any written representations from the holder about that proposal which he receives within 14 days of such notice.
9
1
Before —
a
exercising any of his powers under section 17(1) or (2), or
b
attaching to a licence, except on granting the licence and except if section 27(2) of the 1985 Act applies, any condition under section 26 of the 1985 Act or varying any such condition, or
c
making an order under section 28(1) of the 1985 Act,
the traffic commissioner who granted the licence shall give notice to the holder or former holder.
2
The notice shall state —
a
that he is considering one or more of such actions;
b
the grounds on which that consideration is based;
c
that within 14 days of such notice the holder or former holder may make representations to him with respect to the action or actions being considered;
d
that those representations shall be written; and
e
either —
i
that he proposes to hold an inquiry in relation to the action or actions being considered and the date (being a date not less than 14 days from the notice) on which that inquiry will be held, or
ii
that he does not propose to hold an inquiry in relation to that action or those actions unless the holder or former holder, within 14 days of the notice, in writing requests him to do so.
3
The traffic commissioner shall take into account any representations which he receives by virtue of and in accordance with any notice which he gives under paragraph (1) before he decides whether or not to take any action which the notice stated he was considering.
4
The provisions of paragraph (3) shall not prevent the traffic commissioner at his discretion from hearing and considering any representations other than those made in accordance with paragraph (1) including any which are advanced (whether orally or in writing) at the inquiry, if any, which he holds.
5
The prescribed period for the purpose of section 27(3) of the 1985 Act shall be 14 days beginning with the date that a notice is given to the holder that the condition has been attached to the licence.
Forms of and particulars to be contained on discs
10
1
There shall be specified on every disc the date on which it comes into force and the date on which it expires.
2
The disc shall clearly indicate (by colour or other means) —
a
whether a vehicle is being used under a standard licence or under a restricted licence; and
b
in the case of a vehicle being used under a standard licence, whether the licence covers both international and national transport operations or national transport operations only.
The coming into force and expiry of discs
11
1
A disc shall not come into force more than a month after it is issued.
2
A disc shall expire —
a
if paragraph (3) applies to the disc, at the end of the 1 year period of the relevant licence in which the disc comes into force;
b
in any other case, at the end of the 5 year period of the relevant licence in which the disc comes into force.
3
This paragraph applies —
a
to a disc which comes into force during the first 5 year period of the relevant licence if and only if a notice of election is in force immediately before the licence is granted; and
b
to a disc which comes into force during any other 5 year period of the relevant licence if and only if a notice of election is in force immediately before the beginning of the period.
4
For the purposes of this regulation a notice of election, in relation to a licence, is a notice in which the holder states (or stated when he was applying for the licence) that he wishes to pay the fee for the issue of any disc connected with the licence on an annual basis.
5
A notice of election shall come into force on the day on which the holder serves it on the traffic commissioner and shall remain in force until revoked in accordance with paragraph (6).
6
The holder of a licence may not earlier than 42 days before the end of a 5 year period of the relevant licence serve a notice on the traffic commissioner revoking a notice of election.
7
Paragraph (3) of regulation 5 shall apply to the service of a notice under this regulation as it applies to service of a notice under that paragraph.
8
For the purposes of this regulation, “relevant licence”, in relation to a disc, means the licence in respect of which the disc is issued.
9
For the purposes of this regulation, the 1 year periods of a licence, are —
a
the period of 1 year beginning with the first day of the month in which the relevant licence comes into force; and
b
each consecutive period of 1 year.
10
For the purposes of this regulation, the 5 year periods of a licence, are —
a
the period of 5 years beginning with the first day of the month in which the relevant licence comes into force; and
b
each consecutive period of 5 years.
11
Notwithstanding anything in the foregoing provisions of this regulation, paragraph (2)(a) shall not apply to a disc unless at the time the disc is issued a provision in regulations under the 1981 Act is in force which prescribes different fees for the issue of a disc according to whether paragraph (3) does or does not apply.
Manner in which discs are to be fixed and exhibited
12
The prescribed manner in which a disc is to be fixed and exhibited for the purposes of section 18 is by so fixing it to the vehicle that it —
a
is adjacent to the licence issued under the Vehicles Excise and Registration Act 1994 ;
b
does not interfere unduly with the driver’s view; and
c
can easily be read in daylight from the outside of the vehicle.
Issue of a duplicate licence or disc and prohibition on unauthorised alteration of a disc
13
1
If a licence or disc has been lost or destroyed, the holder shall forthwith notify the traffic commissioner who granted the licence or disc so that he may provide a duplicate, marked as such.
2
If a licence or disc has been notified as lost or destroyed in accordance with paragraph (1) and is subsequently recovered by the holder, then the holder shall use the duplicate licence or disc and return the original to the traffic commissioner.
3
At no time shall any person except the traffic commissioner, or a person authorised to do so on his behalf, write on or otherwise alter a disc, but in the event that a disc becomes illegible by ordinary wear and tear the holder shall forthwith return the illegible disc so that the traffic commissioner may provide a duplicate, marked as such.
Compulsory return of licences and discs
14
1
In the event of the suspension, surrender or other termination —
a
at any time of a continuous licence; or
b
prior to the date of expiry specified in a term licence,
the holder shall return that licence to the traffic commissioner by whom it was granted for retention during the time of the suspension, or for cancellation, as the case may be, and shall at the same time return to that commissioner any discs which have been issued in relation to the licence.
2
On the removal of a suspension referred to in paragraph (1) the commissioner shall return the licence together with any discs which were issued in relation to the licence.
3
In the event of the traffic commissioner deciding —
a
to attach an additional condition or any traffic regulation conditions to a licence;
b
to alter or remove a condition or any traffic regulation conditions attached to a licence; or
c
to vary or remove any undertaking in a licence,
the holder shall return that licence to the traffic commissioner for him to make the appropriate addition, alteration, variation or removal before returning it to the holder.
4
In the event of the traffic commissioner deciding to vary one or more conditions attached to a licence under section 16(1), so reducing the maximum number of vehicles which may be used under the licence below the number of discs which have been issued to the holder, the holder shall return to that commissioner such number of discs as will leave the holder with only the same number of discs as is equal to the reduced maximum number of vehicles.
5
In the event of a disc ceasing to have effect prior to the date of expiry, the holder shall return the disc to the traffic commissioner who issued it.
6
For the purposes of this regulation, a requirement to return a licence or disc to a traffic commissioner is a requirement for it to be —
a
delivered to the office of his traffic area; or
b
sent to the traffic commissioner at the office of his traffic area by recorded delivery service,
within the period of 14 days beginning with the date on which the holder receives the notice from the traffic commissioner requiring it to be returned.
7
For the purposes of this regulation, if a licence or disc is sent by recorded delivery service in accordance with paragraph (6), it shall be regarded as having been returned at the date that it is delivered at the appropriate office in the traffic area.
8
In this regulation —
“term licence” means a licence which by virtue of the Deregulation and Contracting Out (Commencement) ( No. 4) Order 1995 , has an expiry date; and
“continuous licence” means a licence that is not a term licence.
Voluntary return of discs
15
1
The holder of the licence may, if he so wishes, at any time return a disc to the traffic commissioner by whom the licence was issued by delivering it to him at the office of his traffic area or sending it to him at that address by recorded delivery service.
2
For the purposes of these Regulations, if a disc is sent by recorded delivery service in accordance with paragraph (1), it shall be regarded as having been returned on the date that it is delivered at the appropriate office in the traffic area.
Production of licences and discs for examination
16
1
Unless its loss or destruction has been previously notified to the traffic commissioner in accordance with regulation 13(1) or (2), a licence or a disc shall be produced by the holder for examination if he is so required by any police constable, vehicle examiner or by any person authorised by the traffic commissioner for any traffic area to examine the licence or disc, and any such requirement shall be complied with in not more than 14 days.
2
Any such requirement as is mentioned in paragraph (1) may be complied with by the holder producing the licence or disc within the traffic area of the traffic commissioner by whom the licence was granted at the operating centre or principal place of business of the holder.
Notification of decisions
17
The traffic commissioner shall, as regards any application made to him with respect to a licence, inform the applicant of his decision upon the application, and the traffic commissioner shall inform any applicant and any objector of the reasons for his decision when he refuses an application, grants an application other than as requested, or grants an application despite objection to it.
Review of decisions
18
The period after taking a decision that is prescribed for the purposes of section 49A of the 1981 Act is 2 months.
Notices generally
19
1
A notice required or authorised to be given to a person (other than a traffic commissioner) under the 1981 Act and these Regulations may be effected by —
a
delivering to him at his proper address; or
b
sending it to him by post to his proper address; or
c
transmitting it to him by fax if he has indicated expressly in writing or by providing a fax number on his letter heading that he will accept transmission by fax.
2
Any such document may —
a
in the case of a body corporate, be sent to the secretary or clerk of that body;
b
in the case of a partnership, be sent to any partner.
3
For the purposes of this paragraph and section 7 of the Interpretation Act 1978 , the proper address of any person is his last known address (whether of his residence or a place where he carries on business or is employed) and in the case of a body corporate, its secretary or its clerk, the address of its registered or principal office in the United Kingdom.
4
If a notice under section 49A of the 1981 Act is sent by registered post or the recorded delivery service addressed to the applicant or (as the case may be) the licence holder at his proper address, the notice shall, for the purposes of that section, be deemed to have been given when it would have been delivered in the ordinary course of post, notwithstanding that —
a
the notice was returned as undelivered or was for any reason not received by him; or
b
was in fact delivered or received by him at some other time,
and notwithstanding anything in section 7 of the Interpretation Act 1978.
5
Where a person has notified the traffic commissioner of an address or a new address at which documents may be given to him for the purposes of the 1981 Act and these Regulations, that address shall also be his proper address for service for the purposes mentioned in paragraph (3) or (4) or, as the case may be, his proper address for those purposes in substitution for that previously notified.
Notification of change of address
20
If during the currency of a licence the address for correspondence as notified in the licence holder’s application or as subsequently notified under this regulation ceases to be an effective address for correspondence the holder shall within 28 days from the date of such event notify the traffic commissioner by whom the licence was granted of an effective address for correspondence.
Relevant convictions
21
The convictions specified in the Schedule hereto are hereby prescribed as relevant convictions for the purposes of the 1981 Act.
Operators under hiring arrangements
22
The person who is to be regarded as the operator of a vehicle which is made available by one holder of a licence to another under a hiring arrangement is the holder from whom the vehicle is hired in a case where —
a
the holder to whom the vehicle is hired is not, under the hiring arrangement, entitled to keep the vehicle in his possession for a total period of more than 14 days;
b
not less than 14 days have elapsed between the finish of any previous period (of whatever duration) in which the hirer to whom the vehicle is hired was entitled to the use of the vehicle under a hiring arrangement with the holder from whom the vehicle is hired and the start of the period mentioned in sub-paragraph (a) above;
c
at all times when the vehicle is being used for carrying passengers for hire or reward during the period mentioned in sub-paragraph (a) above there is affixed to the vehicle a disc which has been issued to the holder from whom the vehicle is hired;
d
the vehicle, if made available to the holder of a restricted licence, is not adapted to carry more than sixteen passengers; and
e
the vehicle is not a licensed taxi made available to or by the holder of a special licence.
Termination of licences held by companies
23
In a case where a licence is held by a company the events relating to the holder on the occurrence of which the licence is to terminate are as follows —
a
the making of a winding up order; and
b
the passing of a resolution for voluntary winding up.
Computation of time
24
Any day which is a bank holiday under the Banking and Financial Dealings Act 1971 shall be excluded from the computation of any period of a specified number of days prescribed in these Regulations.
Post Office
25
Section 16(1A) (limit on number of vehicles to be used under a restricted licence) shall not apply in respect of a licence held at any time by the Post Office.
Savings
26
Notwithstanding the revocation of the Public Service Vehicles (Operators' Licences) Regulations 1986 by these Regulations, regulation 12(3) of those Regulations (which require a licence to be returned if its period of validity is curtailed) shall continue to have effect in relation to a licence if its period of validity is curtailed before 1st January 1996.
Signed by the authority of the Secretary of State for Transport.
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
11th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dartford and Gravesham National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 26th April 1995.
2
In this Order —
“the Authority” means the West Kent Health Authority;
“the Trust” means the Dartford and Gravesham National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 7th December 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 26th April 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
29th March 1995


text:
Citation and commencement
1
1
This Order may be cited as the Heathrow Express Railway (Transfer) Order 1995 and shall come into force on 7th June 1995.
2
The Acts and this Order may be cited together as the Heathrow Express Railway Acts and Order 1991 to 1995.
Interpretation
2
In this Order, unless the context otherwise requires —
“the 1991 Act ” means the Heathrow Express Railway Act 1991 ;
“ the Acts ” means the 1991 Act and the Heathrow Express Railway ( No. 2) Act 1991 ;
“ the Company ” means Heathrow Airport Limited and includes any subsidiary (within the meaning of section 736 of the Companies Act 1985 ) of the Company;
“functions” includes powers, duties and obligations;
“transferee” means a person to whom all or any of the property or functions of the Company under the Acts have been transferred by virtue of a transfer agreement; and
“transfer agreement” means an agreement entered into under paragraph (1) or (2) of article 3 below.
Transfer of Company’s property and functions
3
1
The Company may enter into and carry into effect an agreement to sell, lease, charge or otherwise dispose of, on such terms and conditions as they think fit, the whole or any part of the undertaking consisting of the railway and other works comprised within the works as defined in the 1991 Act, and any land held for the purpose of, or in connection with, those works, so far as such undertaking is vested in the Company.
2
Without prejudice to the generality of paragraph (1) above, the Company may enter into and carry into effect an agreement or agreements with any other person with respect to the transfer to and vesting in that other person of all or any of the functions of the Company arising under the Acts, including such functions as become exercisable by the Company by virtue of an agreement under section 19 (Exercise of powers with respect to works) of the 1991 Act.
3
A transfer agreement may be entered into so as to transfer and vest such property and functions in any other person for such period as may be specified in that agreement or for so long as the agreement remains in force and where such an agreement is entered into references in the Acts to the Company shall, to the extent that the agreement so provides, have effect as references to the transferee.
4
Without prejudice to the powers of the Company to terminate or vary a transfer agreement, a transfer agreement may specify circumstances in which that agreement shall cease to have effect before the expiry of any period specified in any such agreement.
5
A transfer agreement may include such supplementary, incidental, transitional and consequential provisions as the Company may consider to be necessary or expedient.
Reversion of property and functions
4
1
Upon expiry of any period specified in a transfer agreement in accordance with paragraph (3) of article 3 above or upon a transfer agreement being terminated or otherwise ceasing to have effect, the functions and property of the Company which were transferred by that agreement shall, by virtue of this paragraph but subject to the effect of any further transfer agreement entered into by the Company, be revested in the Company, but such revesting shall not make the Company subject to any of the liabilities of the transferee other than any continuing duties imposed by the Acts.
2
Notwithstanding anything in any transfer agreement, any duty arising under the Acts to complete the construction of, or to maintain or operate, any works in respect of which the Company’s functions are transferred by a transfer agreement, together with such rights and property as are required for the discharge of that duty, shall revert to the Company in the event of the abandonment of those works or in the event that the works are not completed within 10 years of the commencement of construction of those works.
3
Unless the transfer agreement otherwise provides, if a duty to complete the construction of, to maintain or to operate any works reverts to the Company under paragraph (2) above, the transfer agreement shall terminate and all the functions and property of the Company which were transferred by that agreement shall be revested in the Company in accordance with paragraph (1) above.
Notice of transfer
5
1
Within 21 days of the completion of any transfer agreement the Company shall serve notice on the Secretary of State stating the name and address of the transferee and the date when the transfer is to take effect.
2
Within 21 days of the revesting in the Company of any property or functions pursuant to paragraph (1) above or (3) below or the reversion to the Company of any duty, rights or property pursuant to paragraph (2) of article 4 above, the Company shall serve notice on the Secretary of State, providing him with particulars of the revesting or reversion concerned.
3
If the Company fail to comply with the obligation imposed by paragraph (1) or (2) above they shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Transfer of power to enter into a transfer agreement
6
1
A transfer agreement may confer on the transferee the power of the Company to enter into a transfer agreement under this Order in respect of any functions or property transferred to the transferee, and the provisions of this Order shall apply in relation to the exercise of such power by such transferee; and, accordingly, those provisions shall in their application to the exercise of such power by such transferee have effect as if any reference to the Company in those provisions (except in paragraphs (2) and (3) of article 4 above, paragraph (2) below and article 7 below) were a reference to the transferee.
2
The inclusion in any transfer agreement of the power to enter into a transfer agreement or anything done in pursuance of such a power shall not affect the reversion to the Company in the circumstances referred to in paragraphs (2) and (3) of article 4 above of any functions or property of the Company.
Protection of hydrant fuelling systems
7
1
If a transfer agreement is made which vests in any person a power of compulsory acquisition under the 1991 Act in respect of land at Heathrow Airport, a power to carry out the whole or any part of the Company’s works (within the meaning of that Act), or a power to operate any part of the undertaking described in article 3 above within that airport, then, in the exercise of any such power by that person —
a
that person shall be bound by such provisions of the Consortium Agreement as are relevant to the exercise of that power as if references in that agreement to the Company were references to that person; and
b
that person and the Company shall be jointly and severally liable for any breach of the Consortium Agreement by that person.
2
In this article “the Consortium Agreement” means an agreement dated 7th May 1991 and made between Heathrow Airport Limited of the one part and Esso Petroleum Company, Limited, Mobil Oil Company Limited, Shell U.K. Limited, BP Oil UK Limited, Texaco Limited, Total Oil Great Britain Limited, Elf Oil (UK) Limited (formerly Elf Oil G.B. Limited), Chevron International Oil Company Limited, Fina plc, British Airways plc and Kuwait Petroleum International Aviation Company (U.K.) Limited of the other part.
Signed by authority of the Secretary of State for Transport
R. A. Allan
An Under Secretary,
Department of Transport
17th May 1995


text:
1
This Order may be cited as the A312 Trunk Road (The Parkway, Hounslow) (50 mph Speed Limit) Order 1995 and shall come into force on 31st March 1995.
2
In this Order “The Parkway” means the A312 trunk road in the London Borough of Hounslow known as The Parkway —
i
between its junctions with the A30 trunk road and the southern side of the A4 trunk road; and
ii
between its junction with the northern side of the A4 trunk road and the northern edge of the circulatory carriageway of its interchange with the M4 motorway.
3
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on The Parkway.
Signed by authority of the Secretary of State for Transport
P J Bevis
A Grade 6 Officer Highways Agency, London Office
20th March 1995


text:
Citation and commencement
1
1
This Order may be cited as the Strathclyde Passenger Transport Authority (Constitution, Membership and Transitional and Consequential Provisions) Order 1995.
2
This Order shall come into force —
a
on 18th December 1995 in relation to Article 19 and Schedule 3; and
b
on 1st April 1996 in relation to the remaining provisions.
Interpretation
2
1
In this Order —
“the 1973 Act ” means the Local Government (Scotland) Act 1973 ;
“the 1994 Act ” means the Local Government etc. (Scotland) Act 1994;
“ the Authority ” means the Strathclyde Passenger Transport Authority established by section 40(1) of the 1994 Act;
“casual vacancy” means a vacancy arising before the expiry of a term of office;
“council” means a council within the meaning of paragraph 1 of Part I of Schedule 5 to the 1994 Act the area of which lies wholly or partly within the designated area; and
“designated area” means the passenger transport area of the Authority designated by order under section 40(4) of the 1994 Act .
2
Except where the context otherwise requires —
a
references to numbered articles and Schedules are references to articles and Schedules in this Order bearing that number; and
b
references in an article or Schedule to a numbered paragraph are references to a paragraph of that article or Schedule bearing that number.
Incorporation
3
The Authority shall be a body corporate with perpetual succession and a common seal.
Appointment of members
4
1
The Authority shall consist of 34 members appointed respectively from the membership of each council in accordance with paragraph (2).
2
Each council specified in column 1 of Schedule 1 shall appoint as a member or members of the Authority the number of persons specified in relation to that council in column 2 of that Schedule.
3
In the event of a member of the Authority being appointed on behalf of a council by the Secretary of State in accordance with paragraph 6 of Part I of Schedule 5 to the 1994 Act that member shall come into office on the date specified in that appointment.
4
A council may at any time terminate the appointment of any person appointed by them as a member of the Authority.
Period of appointment
5
1
The members of the Authority appointed in accordance with article 4 shall hold office subject to the provisions of this Order.
2
Following the first appointment of members in accordance with paragraph 2 of Schedule 3 the members of the Authority shall be appointed by each council in accordance with Schedule 1 at the first meeting of that council after the second ordinary election of councillors in 1999 and at the first meeting of that council after each succeeding three yearly ordinary election of councillors.
3
The maximum period of appointment of members of the Authority shall be three years but any member shall be eligible for appointment for further periods of three years beginning on or after the expiry of the then current period of appointment.
Vacancies
6
1
Subject to the provisions of this Order every vacancy, other than a casual vacancy, arising in respect of the membership of the Authority shall be filled by the appointment on or before the date the vacancy will occur, of a person to fill that vacancy.
2
The appointment of a person in accordance with paragraph (1) shall be made by the council who appointed the person in respect of whom the vacancy occurs.
3
A member of the Authority may resign his membership at any time by giving written intimation to the secretary of the Authority.
4
A member resigning in accordance with paragraph (3) shall cease to be a member of the Authority on the date on which his resignation is intimated to the secretary.
5
A member of the Authority who becomes disqualified for membership shall vacate office immediately upon becoming so disqualified.
6
A member of the Authority shall be required to vacate office as such a member if throughout a period of six consecutive months that member has failed to attend any meeting of the Authority unless that failure was due to illness or for some other reason approved before or during that period by the Authority, but attendance at a meeting of any committee or sub-committee of the Authority shall be regarded as attendance at a meeting of the Authority for the purposes of this paragraph.
7
When a casual vacancy occurs for whatever reason the secretary of the Authority shall notify that vacancy forthwith to the council responsible for appointing a member to fill the vacancy and that council shall as soon as reasonably practicable take such steps as are necessary to make that appointment.
8
A person appointed under paragraph (7) to fill a casual vacancy shall hold office only for so long as the vacating member would have held office.
9
Where the unexpired portion of any period of membership resulting in a casual vacancy is less than four months the council mentioned in paragraph (7) need not, but may if they so wish, make an appointment under that paragraph.
Appointment of deputies
7
1
Each council responsible for making an appointment of a member of the Authority may appoint a person to act as a deputy for any member appointed by that council to attend and vote at any meeting of the Authority or any committee of the Authority from which that member is absent.
2
The power of a council to appoint a deputy under paragraph (1) may be exercised at the time of appointment of the member or at any time while that member holds office.
3
A deputy appointed under paragraph (1) may not be appointed as a deputy for any other member of the Authority during the currency of the original appointment.
4
The provisions of this Order and of the Transport Act 1968 relating to members of the Authority shall apply also to a deputy appointed under paragraph (1) except that the appointment of a deputy may be for such period as may be specified in the appointment.
5
A person shall cease to be entitled to act as a deputy if —
a
the member for whom that person acts as a deputy vacates office for any reason; or
b
the person appointed to be a deputy is appointed to be a member of the Authority.
Notification of appointment or termination of appointment
8
1
As soon as practicable after each appointment or termination of appointment of a member of the Authority the council responsible for that appointment or termination shall give written notice to the secretary of the Authority of the name, address and designation of the person appointed or whose appointment has been terminated, as the case may be.
2
Where an appointment of a member is made on behalf of a council by the Secretary of State in accordance with paragraph 6 of Part I of Schedule 5 to the 1994 Act, paragraph (1) shall apply to such an appointment as if the reference to the council responsible for the appointment were a reference to the Secretary of State.
Proceedings
9
The provisions contained in Schedule 2 shall have effect in relation to the proceedings of the Authority.
Appointment, allowances and remuneration of officers and staff
10
1
The Authority shall appoint a secretary and may appoint such other officers and staff as the Authority considers necessary.
2
There may be paid from time to time to the officers and staff appointed under paragraph (1) such allowances and remuneration as the Authority considers reasonable.
Appointment of committees
11
1
The Authority may appoint committees for the better management and regulation of the functions of the Authority and except as provided by paragraph (2) any such committee shall consist wholly of members of the Authority.
2
Where a committee is appointed by the Authority for the exercise of functions which are advisory only the committee may consist wholly or partly of persons who are not members of the Authority.
3
Where the proceedings of the Authority take place within a committee appointed under this article the Authority may make rules with respect to the meetings and proceedings of that committee, but subject to any such rules the committee may regulate its own procedure.
Delegation of functions
12
1
The Authority may delegate to any committee or to the chairman of the Authority the exercise of any of its functions except the power to give any such approval as is mentioned in section 15(2) of the Transport Act 1968 or any guarantee mentioned in section 13A of that Act .
2
Any delegation by the Authority under paragraph (1) may be made subject to such restrictions or conditions as the Authority think fit.
Allowances
13
Sections 45(4) (in so far as saved from repeal) and 46 to 50 of the 1973 Act shall apply with the necessary modifications to the Authority as if it were a local authority for the purpose of regulating the allowances which members of the Authority are to be entitled to be paid or which they may be paid to enable them to perform any approved duty as defined in section 49(2) of the 1973 Act as applied.
Application of enactments
14
1
Subject to paragraphs (2) to (4) the following provisions of the 1973 Act shall apply to the Authority and any committee as they apply to a local authority: —
section 31 (disqualification for office) ;
sections 38 to 42 and section 60 (pecuniary interests) ;
section 86 (insurance); and
section 195 (public notices).
2
In the application of section 31 the exclusion of the office of convener or depute convener in subsection (1)(a) of that section shall be construed as an exclusion of the office of chairman or vice chairman of the Authority.
3
In the application of sections 38 to 42 and section 60 references to a proper officer shall be construed as references to the secretary of the Authority.
4
In the application of section 195 references to the area of the local authority shall be construed as references to the designated area.
Provision of accommodation
15
The Strathclyde Passenger Transport Executive shall provide such accommodation as the Authority may require to enable it or any of its officers or staff to exercise any of its or their functions.
Discharge of functions of officers of Authority
16
1
During any period until the Authority appoints a secretary and such other officers as may be required in accordance with article 10(1) those functions shall be discharged by such officers of such councils as the Authority may decide.
2
Where functions are for the time being discharged in terms of paragraph (1) references in this Order to the secretary or officers of the Authority shall be construed as references to the officers discharging those functions for the time being.
Documents
17
Where any document purports to be a document issued by the Authority and to be subscribed in accordance with the Requirements of Writing (Scotland) Act 1995 , that document shall be received in evidence and shall be sufficient evidence of the facts stated in that document.
Validity
18
The validity of anything done by the Authority or any of its committees shall not be affected by any vacancy in the membership of the Authority or such committee or by any defect in the appointment or the qualification for appointment of the chairman or any member of the Authority or of any such committee.
Transitional provisions
19
For the purpose of enabling the Authority to act with full effect on 1st April 1996 Schedule 3 shall have effect.
Concessionary travel: consequential provision
20
The Strathclyde Concessionary Travel Scheme established by Strathclyde Regional Council under section 93 of the Transport Act 1985 shall be deemed to have been established under that section by the Authority and by the councils listed in Schedule 1.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
22nd November 1995


text:
Citation and commencement
1
1
This Order may be cited as the Mid Eastern Combined Fire Services Area Administration Scheme Order 1995.
2
This Order shall come into force on 31st October 1995.
The Mid Eastern Combined Fire Services Area Administration Scheme 1995
2
The Mid Eastern Combined Fire Services Area Administration Scheme 1995, which is set out in the Schedule to this Order, is hereby made.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
5th October 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northern Birmingham Community Health National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 6th October 1995.
2
In this Order —
“the Authority” means the North Birmingham Health Authority;
“the Trust” means the Northern Birmingham Community Health National Health Service Trust;
“the trust property” means the items specified in the schedules of trust property prepared by and agreed upon by the Authority and the Trust on 16th February 1995, which schedules have been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th October 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
4th September 1995