text:
Citation and commencement
1
These Regulations may be cited as the Railways (Safety Case) Regulations 1994 and shall come into force on 28th February 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“audit report” means a report made pursuant to the arrangements referred to in paragraph 16 of Schedule 1;
“building operation” has the meaning assigned to it by section 176(1) of the Factories Act 1961 ;
“the Executive” means the Health and Safety Executive;
“factory” means a factory within the meaning of section 175 of the Factories Act 1961 and premises to which section 123(1) or (2) or 125(1) of that Act applies;
“harbour” and “harbour area” have the meanings assigned to them by regulation 2(1) of the Dangerous Substances in Harbour Areas Regulations 1987 ;
“infrastructure controller” means a person who controls railway infrastructure;
“mine” and “quarry” have the meanings assigned to them by section 180 of the Mines and Quarries Act 1954 ;
“notified” means notified in writing, and related expressions shall be construed accordingly;
“owner” in relation to a station means the person with the freehold interest in the premises comprising the station where those premises are situated in England or Wales and the proprietor of the dominium utile where those premises are situated in Scotland;
“railway” has the meaning assigned to it by section 67(1) of the Transport and Works Act 1992 except that it does not include any part of a railway —
within a harbour or harbour area, or which is part of a factory, mine or quarry unless, in each case, it is being used or is intended to be used for the carriage of fare paying passengers;
used solely for the purpose of carrying out a building operation or work of engineering construction;
within a maintenance or goods depot;
“railway infrastructure” means fixed assets used for the operation of a railway including its permanent way and plant used for signalling or exclusively for supplying electricity for operational purposes to the railway, but it does not include a station;
“railway operator” means a person who is an infrastructure controller or operates trains or stations;
“revision” means proposed revision where by virtue of regulation 6(2) the revision has not been made;
“safety case” shall be construed in accordance with paragraph (2);
“safety representative” has the meaning assigned to it by regulation 2(1) of the Safety Representatives and Safety Committees Regulations 1977 ;
“station” means a railway passenger station or terminal, but does not include any permanent way or plant used for signalling or exclusively for supplying electricity for operational purposes to the railway;
“train” includes any rolling stock (within the meaning of the Railways Act 1993 );
“work of engineering construction” has the meaning assigned to it by section 176(1) of the Factories Act 1961;
“workplace” has the meaning assigned to it by regulation 2(1) of the Safety Representatives and Safety Committees Regulations 1977.
2
Any reference in these Regulations to a safety case is a reference to a document containing the particulars required by the provision of these Regulations pursuant to which the safety case is prepared, and in so far as the document contains other particulars it shall not be treated as part of the safety case for the purposes of these Regulations; and a safety case may —
a
contain the particulars so required by reference to the same particulars contained in another safety case prepared by the same person if the first mentioned safety case is to be submitted for acceptance to the same person who has accepted the other safety case;
b
be prepared by a person in respect of more than one operation intended to be undertaken by him if in the event of separate safety cases being prepared in respect of those operations they would have to be accepted by the same person pursuant to these Regulations.
3
Any provision of these Regulations requiring particulars to be included in a safety case —
a
which are also required to be included by virtue of a more general provision of the Regulations is without prejudice to the generality of the more general provision;
b
(except in relation to the particulars specified in paragraph 14 of Schedule 1) shall require no more detail to be included than is necessary to enable the person to whom it is submitted for acceptance to satisfy himself on the matters referred to in paragraph (4) or (5) or regulation 10(8)(a).
4
Any reference in these Regulations to an infrastructure controller accepting a safety case or revision (otherwise than by virtue of regulation 10(8)), is a reference to that controller notifying the person who prepared it that he is satisfied that the procedures and arrangements described in it which affect or are likely to affect the performance of his own health and safety duties will, when properly implemented with those described in any other safety case or revision thereof which that controller has prepared or accepted pursuant to these Regulations, be capable of ensuring compliance by that controller with those duties in relation to the operation to which the first mentioned safety case or revision relates.
5
Any reference in these Regulations to the Executive accepting a safety case or revision is a reference to the Executive notifying the person who prepared it that it is satisfied with the case for health and safety made out in it.
6
Any reference in these Regulations to the health and safety duties of an infrastructure controller is a reference to the duties imposed on him by the relevant statutory provisions (other than these Regulations).
7
Where a railway operator is succeeded by a new railway operator, anything done in pursuance of these Regulations by the former railway operator shall, for the purposes of these Regulations, be treated as having been done by his successor; and for this purpose a person shall be treated as a successor in so far as control of the relevant railway infrastructure or the operation of the trains or stations concerned, as appropriate, has been transferred to him.
8
Any reference in these Regulations to a person in control of any railway infrastructure is a reference to a person who, in the course of a business or other undertaking carried on by him (whether for profit or not), is in operational control of that infrastructure, except that where such control is for the time being exercised by a person undertaking maintenance, repair or alteration work on the infrastructure, it is a reference to a person who would be in operational control of the infrastructure if such work were not being undertaken.
9
Any reference in these Regulations to a person operating a train or station is a reference to the person operating the train or station for the time being in the course of a business or other undertaking carried on by him (whether for profit or not), but it does not include a self-employed person by reason only that he himself drives or otherwise controls the movement of a train.
10
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Use of railway infrastructure
3
1
A person in control of any railway infrastructure shall not use or permit it to be used for the operation of trains or stations unless —
a
he has prepared a safety case containing the particulars specified in Schedules 1 and 2;
b
the Executive has accepted that safety case;
c
where he is not the person operating those trains or stations, the person undertaking that operation has agreed in writing to comply with any reasonable request he may make as respects any aspect of the operation which affects or is likely to affect the performance of the health and safety duties of the person in control of the railway infrastructure; and
d
the person operating those trains or stations has complied with regulation 4 or 5, as appropriate.
2
A person in control of any railway infrastructure shall not accept a safety case pursuant to these Regulations unless his own safety case has been accepted pursuant to paragraph (1)(b).
Safety case for train operations
4
1
A person shall not operate a train in relation to any railway infrastructure unless —
a
he has prepared a safety case containing the particulars specified in Schedule 1, and
b
the safety case has been accepted —
i
by the relevant infrastructure controller at least 28 days before the operation commences; or
ii
where he is the relevant infrastructure controller, by the Executive.
2
In this regulation “the relevant infrastructure controller” means the person in control of the railway infrastructure in relation to which the train is to be operated, and where there are different such persons for different parts of that infrastructure paragraph (1) shall apply separately in relation to each such part.
Safety case for station operations
5
1
A person shall not operate a station unless —
a
he has prepared a safety case containing the particulars specified in Schedule 1, and
b
the safety case has been accepted —
i
where another person is the owner of the station and is the only relevant infrastructure controller, by that controller at least 28 days before the operation commences,
ii
in any other case, by the Executive after taking account of any views given to it by the relevant infrastructure controller as respects matters which affect or are likely to affect the performance of his health and safety duties.
2
In this regulation “the only relevant infrastructure controller” means the person in control of all the railway infrastructure serving the station and “the relevant infrastructure controller” means the only relevant infrastructure controller or where there are different persons in control of different parts of the railway infrastructure serving the station, it means each of them.
Revision of safety cases
6
1
A person who has prepared a safety case pursuant to these Regulations shall revise its contents whenever it is appropriate; but nothing in this paragraph shall require the revision to be sent to another person.
2
Where a revision proposed to be made under paragraph (1) will render the safety case materially different from the last version sent to the person who accepted it pursuant to these Regulations, the revision shall not be made —
a
unless the revision has been sent to that person;
b
unless that person has accepted the revision or (where he is an infrastructure controller) has notified the person who prepared the safety case that the revision does not affect and is not likely to affect the performance of the health and safety duties of the infrastructure controller; and
c
where the person who accepted the safety case is an infrastructure controller, until 28 days after the revision has been accepted or until 28 days after a notification has been made under sub-paragraph (b),
and where the revision is to a safety case accepted pursuant to paragraph (ii) of regulation 5(1)(b) the Executive shall, before accepting the revision, take account of any views given to it by the relevant infrastructure controller referred to in that paragraph as respects the matters referred to in that paragraph.
3
A person who has prepared a safety case which has been accepted pursuant to these Regulations shall make a thorough review of its contents at least every three years.
Duty to conform with safety case
7
1
Where a person has prepared and has had accepted a safety case pursuant to these Regulations he shall ensure that the procedures and arrangements described in the safety case and any revision thereof are followed.
2
In criminal proceedings for a contravention of paragraph (1) it shall be a defence for the accused to prove that —
a
in the particular circumstances of the case it was not in the best interests of the health and safety of persons to follow the procedures or arrangements concerned and there was insufficient time to revise the safety case pursuant to regulation 6, or
b
the commission of the offence was due to a contravention by another person of regulation 8 and the accused had taken all reasonable precautions and exercised all due diligence to ensure that the procedures or arrangements were followed.
Co-operation
8
1
Every person to whom this regulation applies shall co-operate so far as is necessary with a railway operator (in this regulation referred to as “the duty holder”) to enable him to comply with the provisions of these Regulations.
2
This regulation applies to —
a
any other railway operator whose operations affect or are affected by operations carried out by the duty holder;
b
an employer of persons or a self-employed person carrying out work on or in relation to premises or plant owned or controlled by the duty holder.
Notifications, consultations and documents
9
1
Where a safety case has been received by an infrastructure controller for acceptance pursuant to these Regulations or a revision thereof has been received by him pursuant to regulation 6(2), the controller shall notify the Executive of that fact forthwith, and, except in the case of a revision, of the address notified to him pursuant to paragraph (4)(a).
2
Where an infrastructure controller accepts a safety case or revision pursuant to these Regulations (other than by virtue of regulation 10(8)) or sends a notification pursuant to regulation 6(2)(b) in relation to a revision (other than by virtue of regulation 10(9)), he shall send a copy of the safety case or revision and a copy of the notification referred to in regulation 2(4) or the notification referred to in regulation 6(2)(b), as appropriate, to the Executive forthwith.
3
Where an infrastructure controller accepts a safety case or revision pursuant to these Regulations (other than by virtue of regulation 10(8)) he shall identify in the notification referred to in regulation 2(4) the procedures and arrangements described in the safety case or revision which affect or are likely to affect the performance of his health and safety duties and the extent to which they do so.
4
A person who prepares a safety case pursuant to these Regulations shall —
a
when submitting that safety case to a person for acceptance, notify that person of an address in Great Britain for the purposes of sub-paragraphs (b) to (f) below, and, where the person submitting that safety case is an infrastructure controller, paragraph (7);
b
keep the accepted safety case and any revision thereof or a copy thereof at that address;
c
keep each audit report made by him or a copy thereof at that address;
d
ensure that a record is made of any action taken in consequence of such an audit report and keep that record or a copy thereof at that address;
e
ensure that a report is made of every review carried out pursuant to regulation 6(3) and ensure that a copy of it is sent to the person who has accepted the safety case; and
f
keep such report or a copy thereof at that address.
5
A person who submits to the Executive a safety case for acceptance pursuant to regulation 5 or who submits to the Executive a revision to a safety case accepted under that regulation, shall send a copy of the safety case or revision to the relevant infrastructure controller referred to in that regulation.
6
Where an infrastructure controller scrutinises a safety case submitted to him for acceptance pursuant to these Regulations or a revision submitted to him pursuant to regulation 6(2), he shall make a record of the steps he has taken in that scrutiny and of the results thereof.
7
Where an infrastructure controller accepts a safety case or revision he shall keep a copy of that safety case or revision, every report sent to him pursuant to paragraph (4)(e) and the record referred to in paragraph (6) at the address he has notified pursuant to paragraph (4)(a).
8
Each report and record required to be kept by this regulation shall be kept for a period of 3 years after it has been made, and the safety case and revision shall be kept for so long as it is current.
9
It shall be sufficient compliance with paragraphs (4) and (7) for the information in the documents to be kept at the address notified on film or by electronic means provided that the information is capable of being reproduced as a written copy at that address and it is secure from loss or unauthorised interference.
10
Where a person has notified an address pursuant to sub-paragraph (a) of paragraph (4), he may notify to the person who has accepted the safety case a different address in Great Britain for the purposes of the provisions referred to in that sub-paragraph, and where he does so references in those provisions and in paragraph (9) where applicable to the address notified shall be construed as the address in the last notification made under this paragraph.
11
An employer who prepares in respect of a workplace a safety case or revision thereto pursuant to these Regulations shall consult safety representatives on its preparation.
12
Regulation 7(1) of the Safety Representatives and Safety Committees Regulations 1977 shall have effect as if the reference to safety representatives being entitled to inspect and take copies of documents were, in a case where by virtue of paragraph (9) information is kept on film or in electronic form, a reference to them being entitled to be given appropriate facilities to enable them to read it and to take a copy of it.
Acceptance of safety cases by the Secretary of State
10
1
Where an infrastructure controller refuses to accept a safety case or revision thereof submitted to him by a person pursuant to these Regulations he shall notify that person of the reasons for that decision.
2
A failure by an infrastructure controller to accept within a reasonable time a safety case submitted to him for acceptance pursuant to these Regulations or a revision submitted to him pursuant to regulation 6(2), shall, subject to paragraph (3), be treated as a refusal to accept it for the purposes of the following provisions of this regulation.
3
Where an infrastructure controller has notified a person under regulation 6(2)(b) that a revision does not affect and is not likely to affect the performance of his health and safety duties, the refusal or failure to accept that revision shall not be treated as a refusal or failure for the purposes of this regulation.
4
The person the acceptance of whose safety case or revision has been refused by an infrastructure controller may submit it for acceptance to the Secretary of State within 28 days of receiving the notification referred to in paragraph (1) or after the expiry of the time referred in paragraph (2), as appropriate, and where he does so submit it he shall —
a
send a copy of any such notification to the Secretary of State and to the Executive;
b
notify the infrastructure controller and the Executive that he has submitted the safety case or revision to the Secretary of State, and
c
send a copy of the safety case or revision to the Executive.
5
On receiving the notification referred to in paragraph (4)(b) the infrastructure controller shall provide the Secretary of State with a copy of every safety case or revision thereof he has prepared or accepted pursuant to these Regulations and which it is necessary for the Secretary of State to see to come to a view on the matters referred to in paragraph (8)(a).
6
Where a safety case or revision is submitted for acceptance pursuant to paragraphs (2) and (4), the Secretary of State may decline to deal with it if he considers that the infrastructure controller has not had reasonable time to scrutinise the safety case or revision, as appropriate.
7
In performing his functions under this regulation the Secretary of State shall take account of any advice given to him with respect thereto by or on behalf of the Health and Safety Commission.
8
The Secretary of State shall notify his decision in writing to the person who submitted the safety case or revision to him, the infrastructure controller and the Executive; if he decides to accept it —
a
the notification shall state that he is satisfied that the procedures and arrangements described in the safety case or revision which affect or are likely to affect the performance of the health and safety duties of the infrastructure controller will, when properly implemented with those described in any other safety case or revision thereof the infrastructure controller has prepared or accepted pursuant to these Regulations, be capable of ensuring compliance by that controller with his health and safety duties in relation to the operation to which the first mentioned safety case or revision relates;
b
these regulations shall have effect as if —
i
the safety case or revision had been accepted by the infrastructure controller, and
ii
the references in regulations 4 and 5 to “at least 28 days” did not apply and regulation 6(2)(c) did not apply.
9
Where the Secretary of State decides not to accept a revision to a safety case because he is satisfied that the revision does not affect and is not likely to affect the health and safety duties of the infrastructure controller, the notification referred to in paragraph (8) shall state that fact and these Regulations shall have effect as if —
a
the infrastructure controller had sent to the person who prepared the safety case a notification pursuant to regulation 6(2)(b), and
b
regulation 6(2)(c) did not apply.
Exemptions
11
1
Subject to paragraph (2) and to any Community obligation of the United Kingdom the Executive may, by a certificate in writing, exempt any person or class of persons from any requirement or prohibition imposed by these Regulations and any such exemption may be granted subject to conditions and with or without limit of time and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactment which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
3
Subject to any Community obligation of the United Kingdom, the Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt any person or class of persons from the requirements of these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State by a further certificate in writing at any time.
Transitional provisions
12
The provisions of Schedule 3 shall have effect.
Revocations
13
The provisions of the Railways Regulations 1992 specified in column 1 of Schedule 4 shall be revoked to the extent specified in the corresponding entry in column 2 of that Schedule.
Signed by order of the Secretary of State
Roger Freeman
Minister of State,
Department of Transport
3rd February 1994
Michael Forsyth
Minister of State,
Department of Employment
3rd February 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation.
1
1
These Regulations may be cited as the Police (Amendment) Regulations 1994 and shall come into force on 8th June 1994, but regulation 3 shall have effect as from 1st July 1993, regulation 4 shall have effect as from 1st July 1992, and regulation 5 shall have effect as from 1st April 1993.
2
In these Regulations “the principal Regulations ” means the Police Regulations 1987 .
Paternity leave
2
The principal Regulations are amended by inserting after regulation 35 —
Paternity leave
35A
1
So far as the exigencies of duty permit, a male member of a police force shall be granted 2 days' paternity leave during the relevant part of a woman’s maternity period.
2
A woman’s maternity period is one beginning with the later of —
a
the date on which she is certified by a registered medical practitioner to be pregnant, and
b
the date 6 months before the one estimated by that practitioner as being the probable date of birth, and ending 9 months after the birth of the child.
3
The relevant part of a woman’s maternity period is any part during which —
a
the member is married to and not separated from her, or
b
they are not married to each other but are living together as husband and wife.
.
London weighting
3
Regulation 39 of the principal Regulations is amended by substituting for the figure “£1,344” the figure “£1,365”.
Compensatory allowance
4
The principal Regulations are amended by substituting for regulation 52B —
Compensatory allowance
52B
1
This regulation applies where two persons of whom —
a
one (“the full-time member”) is a full-time member of a police force within the meaning of regulation 8A, and
b
the other (“the part-time member”) has been appointed under regulation 8A to perform part-time service, are, and were at the time of the part-time member’s appointment, married to and not separated from each other.
2
Where this regulation applies the full-time member is entitled to a compensatory allowance of the appropriate amount.
3
The appropriate amount is
( A + B ) - ( C + D ) ,
where —
A is the notional amount for the time being of any allowances that were payable under regulations 49 to 51 to the full-time member before the part-time member’s appointment under regulation 8A,
B is the notional amount for the time being of any allowances that were then so payable to the part-time member,
C is the amount for the time being of any allowances that are so payable to the full-time member, and
D is the amount for the time being of any allowances that are so payable to the part-time member.
4
For the purposes of paragraph (3) the notional amount for the time being of an allowance is the amount that would for the time being be payable if the appointment under regulation 8A had not been made.
.
Removal allowance
5
Regulation 53 of the principal Regulations is amended —
a
in paragraph (1)(d) —
i
by substituting for the words from “his payments” to “rent payable” the words “payments made by him to meet relevant liabilities”, and
ii
by deleting the words from “up to an amount” to “before the move”; and
b
by inserting after paragraph (2) —
2A
For the purposes of paragraph (1)(d) relevant liabilities are —
a
liabilities in respect of mortgage interest or rent payable in connection with his former home; and
b
in respect of any days in respect of which he is liable to pay council tax in respect of his former home, the amount by which that tax and any council tax he is liable to pay in respect of his new home exceeds the council tax that he would have been liable to pay in respect of his former home if he had not moved from it.
.
Paternity leave during part-time service
6
Schedule 1A to the principal Regulations is amended by inserting after paragraph 12 —
12A
In regulation 35A (paternity leave) after paragraph (3) insert —
4
In the case of a member below the rank of superintendent, each day of paternity leave granted counts for the purposes of regulation 37(1) (pay) as a period of duty of 8 hours multiplied by the appropriate factor.
.
.
Transitional provision.
7
1
In a case in which —
a
a child was born, or
b
if regulation 2 above had had effect from 12th January 1993 a woman’s maternity period would have begun, after 11th January 1993 but before 8th June 1994, regulation 35A of the principal Regulations shall be treated as applying but with the modifications specified in paragraphs (2) and (3) below.
2
If the maternity period would not have ended before 8th June 1994, it is to be treated as beginning with that date.
3
In any other case, the maternity period is to be treated as ending 6 weeks after 8th June 1994.
Home Office
Michael Howard
One of Her Majesty’s Principal Secretaries of State
15th May 1994


text:
Title and commencement
1
These Regulations may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Crown Servants and Regulators etc.) Regulations 1994 and shall come into force on 1st August 1994.
Interpretation
2
In these Regulations —
“the 1989 Act ” means the Prevention of Terrorism (Temporary Provisions) Act 1989; and
“relevant financial business” has the meaning given by regulation 4 of the Money Laundering Regulations 1993 .
Application of the Act to Director of Savings and staff
3
Sections 9 to 11, 17 and 18A of the 1989 Act shall apply to the following persons, namely —
a
the Director of Savings; and
b
any person employed by or otherwise engaged in the service of the Director of Savings,
in circumstances where the said Director or any such person is carrying on relevant financial business.
Designation of persons performing regulatory etc. functions
4
1
Section 18A of the 1989 Act shall not apply to the following persons, being hereby designated for the purposes of section 19A(2)(a) of that Act —
a
the Bank of England;
b
the Building Societies Commission;
c
a designated agency within the meaning of the Financial Services Act 1986 ;
d
a recognised self-regulating organisation within the meaning of the Financial Services Act 1986;
e
a recognised professional body within the meaning of the Financial Services Act 1986;
f
a transferee body within the meaning of the Financial Services Act 1986;
g
a recognised self-regulating organisation for friendly societies within the meaning of the Financial Services Act 1986;
h
the Council of Lloyds;
i
the Friendly Societies Commission;
j
the Chief Registrar of Friendly Societies;
k
the Assistant Registrar of Friendly Societies for Scotland;
l
the Central Office of the Registry of Friendly Societies;
m
the Registrar of Credit Unions for Northern Ireland;
n
the Assistant Registrar of Credit Unions for Northern Ireland.
2
The following category of persons is hereby prescribed for the purposes ofsection 19A(2)(b) of the 1989 Act, namely, persons who are (for the purpose of performing regulatory, supervisory, investigative or registration functions) employed by or otherwise engaged in the service of any person designated under paragraph 1 of this regulation.
3
Section 18A of the 1989 Act shall not apply in any circumstances to any person who falls within a category of person prescribed for the purposes of section 19A(2) of that Act.
Michael Howard
One of Her Majestys Principal Secretaries of State
Home Office
1st July 1994


text:
Commencement and Citation
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No.3) Regulations 1994 and shall come into force on 1st February 1995.
Preliminary
2
1
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
2
So far as any requirement is imposed by virtue of these Regulations, that requirement is imposed in exercise of the powers conferred by section 41 of the Road Traffic Act 1988 to the exclusion of section 2(2) of the European Communities Act 1972.
Amendments to regulation 46 (seat belt anchorage points)
3
In regulation 46(4)(b) and (4B)(b), after “14.02” there shall be inserted “or 14.03”.
Amendments to Regulation 47 (seat belts)
4
1
Regulation 47 shall be amended as follows.
2
In paragraph (4)(c) —
a
for the words “the marking designated in item 16 in Schedule 2 to the Approval Marks Regulations” in sub-paragraph (ii), there shall be substituted the “the marking designated as an approval mark by regulation 4 of the Approval Marks Regulations and shown at item 16 ot 16A in Schedule 2 to those Regulations.”;
b
the word “or” immediately after sub-paragraph (i) shall be omitted and after sub-paragraph (ii) there shall be added the following —
iii
a seat belt which satisfies the requirements of a standard corresponding to the British Standard referred to in sub-paragraph (i); or
iv
a seat belt designed for use by an adult which is a harness belt comprising a lap belt and shoulder straps and which satisfies the requirements of a standard corresponding to any of the British Standards referred to in sub-paragraph (ii).
.
3
In paragraph (7), for “4(c)(i) and (ii)” there shall be substituted “(4)(c)”.
4
After paragraph (7), there shall be inserted the following paragraphs —
7A
Paragraph (7) does not apply to —
a
a seat belt for an adult provided for a person in a vehicle first used before 1st April 1981 being a seat belt that satisfies the requirements of a standard corresponding to either of the British Standards referred to in sub-paragraph (i)(a) of the definition of “British Standard mark” in paragraph (8); or
b
a child restraint that satisfies the requirements of a standard corresponding to any of the British Standards referred to in sub-paragraph (i)(b) of that definition.
7B
For the purposes of this regulation a reference to a standard corresponding to a specified British Standard is a reference to —
a
a standard or code of practice of a national standards body or equivalent body of any EEA State;
b
any international standard recognised for use as a standard by any EEA State; or
c
a technical specification recognised for use as a standard by a public authority of any EEA State,
where the standard, code of practice, international standard or technical specification provides in relation to seat belts, a level of safety equivalent to that provided by the British Standard and contains a requirement as respects the marking of seat belts equivalent to that provided by the British Standard.
7C
For the purposes of paragraph (7B) —
a
“EEA State” means a State which is a contracting Party to the EEA Agreement but, until the EEA Agreement comes into force in relation to Liechtenstein, does not include the state of Liechtenstein; and
b
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 .
.
5
In paragraph (8), in sub-paragraph (i)(b) of the definition of “British Standard mark” after “ BS 3254: Part 2: 1988” there shall be inserted “or BS 3254: Part 2: 1991”.
Amendments to Schedule 2
5
In Table II of Schedule 2, after item 6B there shall be inserted the following item —
6C 14.03 30.1.70 Anchorages for seat belts 29.1.92 12A —
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under-Secretary of State,
Department of Transport
17th December 1994


text:
Citation and commencement
1
This Order may be cited as the Free Zone (Port of Sheerness) Designation Order 1994 and shall come into force on 16th November 1994.
Designation of area as a free zone
2
1
An area of 283 acres, in the Borough of Swale in the County of Kent, shown enclosed by a red line on a map (in this article referred to as “the map”), being of a scale of 1:2500, signed by a Collector of Customs and Excise and dated 10th August 1994, shall be a free zone.
2
The map shall be kept by the Commissioners at their Headquarters, New King’s Beam House, 22 Upper Ground, London SE1 9PJ and a copy thereof at the offices of the responsible authority.
3
The map or a copy thereof may, on application, be inspected by members of the public at reasonable hours without charge.
Appointment of responsible authority
3
The responsible authority for the free zone shall be Medway Ports Limited whose Registered Office is at Dockyard House, Sheerness Docks, Sheerness, Kent ME12 1RX.
Period of validity of Order
4
This Order shall have effect for a period of 10 years from the date of coming into force.
Conditions imposed on responsible authority
5
The responsible authority shall not permit the area designated by this Order to function as a free zone before the Commissioners are satisfied that the area is secure and have so notified the responsible authority in writing.
6
The responsible authority shall —
a
maintain an office in the free zone or at such other place as the Commissioners may allow at which shall be kept any records, for which the responsible authority is responsible, relating to the free zone and the business carried on therein;
b
keep separate accounts in connection with the free zone;
c
provide such information in connection with the free zone and the operation thereof to any person authorised by the Treasury, as that person may reasonably require;
d
provide, free of expense to the Crown, such accommodation and facilities including furniture, fittings and equipment as the Commissioners may reasonably require and such accommodation and facilities shall be properly maintained, heated, lighted, ventilated and kept clean by the responsible authority;
e
provide, free of expense to the Crown, such area of land within the free zone as the Commissioners may reasonably require for the examination of goods and vehicles and shall provide and maintain such appliances and afford such other facilities which are reasonably necessary to enable an account to be taken of any goods or make any examination or search.
Health and safety
7
Without prejudice to the responsibilities of persons occupying premises within the free zone, the responsible authority shall ensure that the working conditions within the free zone are safe and without risk to the health and safety of persons employed by the Commissioners and shall comply with any requirements concerning health and safety imposed by any competent authority.
Tim Wood
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
15th November 1994


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Housing (Right to Buy) (Prescribed Forms) (Welsh Forms) Regulations 1994 and shall come into force on 12th December 1994.
2
In these Regulations “the principal Regulations ” means the Housing (Right to Buy) (Prescribed Forms) Regulations 1986 .
3
The Housing (Right to Buy) (Prescribed Forms) (Welsh Forms) Regulations 1988 are hereby revoked.
2
The forms set out in the Schedules to these Regulations are hereby prescribed as versions in Welsh which may be used instead of the forms in the corresponding Schedules to the principal Regulations.
3
Forms substantially to the like effect to the forms set out in Schedules 1 to 4 to these Regulations may be used.


text:
1
These Regulations may be cited as the M1 Motorway (Junction 1, Barnet) (Speed Limit) Regulations 1994 and shall come into force on 27th September 1994.
2
1
In these Regulations —
“the M1 Motorway” means the London — Yorkshire Motorway (M1);
“motorway” has the meaning given in regulation 3(1) of the Motorways Traffic (England and Wales) Regulations 1982 ;
“the access slip road” means that length of motorway which links the western sector of the Junction 1 Roundabout with the northbound main carriageway of the M1 Motorway;
“the connecting road” means that length of motorway which links the eastern sector of the Junction 1 Roundabout with the northbound main carriageway of the M1 Motorway;
“the Junction 1 Roundabout” means the roundabout at the junction of the London North Circular Trunk Road (A406) and the M1 Motorway; and
“the main carriageway junction” means a point 394 metres north-west of the junction of the access slip road with the Junction 1 Roundabout, being a distance measured along the centre of the access slip road.
2
In the Schedule to these Regulations, any reference to a measurement in relation to a length of motorway is a reference to that measurement as taken along the centre of that length.
3
No person shall drive a motor vehicle at a speed exceeding 30 miles per hour on any of the lengths of motorway specified in Schedule 1 to these Regulations.
4
No person shall drive a motor vehicle at a speed exceeding 50 miles per hour on any of the lengths of motorway specified in Schedule 2 to these Regulations.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
19th September 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Dartford–Thurrock Crossing Regulations 1994 and shall come into force on 1st September 1994.
2
In these Regulations, unless the context otherwise requires–
a
“axle”, “axle weight” and “wheel” have the same meaning as they have in the Road Vehicles (Construction and Use) Regulations 1986 for the purpose of those Regulations other than regulations 26 and 27;
b
“designated parking area” means an area laid out by the crossing operator for the parking, repair or refuelling of vehicles;
c
“large breakdown vehicle” means a breakdown vehicle with an unladen weight in excess of 4,000 kg ;
d
“registered keeper” in relation to a vehicle means the person in whose name the vehicle was at the relevant time registered under or by virtue of the Vehicle (Excise and Registration) Act 1994 ;
e
“trailer” has the same meaning as in section 185 of the Road Traffic Act 1988 ;
f
“wheel weight” means the weight transmitted to the road surface by a wheel not transversely in line with any other wheel.
Abnormal loads
2
1
No person shall, except with the permission of the crossing operator, take or cause or permit to be taken–
a
into the tunnels any vehicle which exceeds any of the dimensions or weights set out in column (1) of the table below;
b
onto the bridge any vehicle which exceeds any of the dimensions or weights set out in column (2) of the table below.
(1) (2)
Overall height 4.87 metres no restriction Overall length 18.3 metres 27.4 metres Overall width 2.75 metres 3.65 metres Total weight 38,000 kilograms 38,000 kilograms Axle weight 11,180 kilograms 11,180 kilograms Wheel weight 5,090 kilograms 5,090 kilograms
2
For the purposes of paragraph (1) above, the weight of a vehicle shall be taken to include the weight of any trailer drawn by it and of any load carried on the vehicle or any such trailer.
3
The permission of the crossing operator referred to in paragraph (1) above may be granted subject to conditions and it shall be the duty of the person to whom permission is granted to comply with any such conditions or procure that any such conditions are complied with.
3
1
Application for the permission of the crossing operator referred to in regulation 2 above shall, unless the crossing operator otherwise agrees, be made in writing to it at the Crossing Offices, South Orbital Way, Dartford, Kent, DA1 5PR not less than two clear days (excluding Saturdays, Sundays, any bank holiday, Christmas Day or Good Friday) before the proposed date of arrival of the vehicle the subject of the application.
2
The application shall state the proposed date of arrival of the vehicle and the dimensions and weights, as referred to in regulation 2 above, of the vehicle together with its load and any trailer drawn by it.
3
In paragraph (1) above “bank holiday” means a day which is, or is to be, observed as a bank holiday or a holiday under the Banking and Financial Dealings Act 1971 in the locality in which the tunnel offices are situated.
4
1
Subject to paragraph (2) below, the driver of a vehicle which is of a description set out in the first column of the table below, or a person on his behalf, shall pay to the crossing operator, in addition to any toll payable for the use of the crossing by that vehicle–
a
such charge for the use of the tunnels by that vehicle as is set out in respect thereof in Part I of that table;
b
such charge for the use of the bridge by that vehicle as is set out in respect thereof in Part II of that table.
PART I
Time of Commencement of Passage Charge
Overall width Greater than 2.75 metres and not more than 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £36 Greater than 2.75 metres and not more than 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £17 Greater than 6.1 metres At any time £164
Overall length Greater than 18.3 metres and not more than 27.4 metres Passage commencing after 06.00 hours and before 22.00 hours £36 Greater than 18.3 metres and not more than 27.4 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £164 Greater than 27.4 metres At any time £164
Total weight of vehicle Greater than 150,000 kilograms At any time £164
PART II
Time of Commencement of Passage Charge
Overall width Greater than 3.65 metres and not more than 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £36 Greater than 3.65 metres and not more than 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £17 Greater than 6.1 metres At any time £164
Overall length Greater than 27.4 metres At any time £164
Total weight of vehicle Greater than 150,000 kilograms At any time £164
2
Where, by virtue of its characteristics, two or more charges are prescribed by paragraph (1) above in respect of any vehicle, the person specified in that paragraph shall be liable to pay only the higher or the highest (as the case may be) of such charges in respect of that vehicle.
3
For the purposes of paragraph (1) above, the weight of a vehicle shall be taken to include the weight of any trailer drawn by it and of any load carried on the vehicle or any such trailer.
Dangerous goods
5
1
Subject to regulation 6 below, no person shall, except with the permission of the crossing operator, take or cause or permit to be taken into the tunnels any vehicle conveying any article or substance the name and description of w hich appears in the table entitled “List of Restrictions on Dangerous Goods” set out in the booklet entitled “Dangerous Traffic”, 7th edition issued in 1993 by and on behalf of the Merseyside Passenger Transport Authority, the Tyne and Wear Passenger Transport Authority and Dartford River Crossing Ltd as a list of restrictions on dangerous goods applied at the Mersey, Tyne and Dartford tunnels.
2
The permission of the crossing operator referred to in paragraph (1) above may be granted subject to conditions and it shall be the duty of the person to whom the permission is granted to comply with any such conditions or procure that any such conditions are complied with.
6
The prohibition in paragraph (1) of regulation 5 above does not apply–
a
to any article or substance which is classified as “unrestricted” in the table referred to in that paragraph, or
b
to fuel, other than liquid petroleum gas, conveyed by a vehicle in a fuel tank in connection with the propulsion of that vehicle.
7
If a traffic officer suspects that a vehicle is conveying any article or substance to which the prohibition in regulation 5(1) above applies, he may require that vehicle to stop and he may search it to ascertain whether it is conveying any such article or substance.
Removal of stationary vehicles
8
The driver of a vehicle shall not allow it to stop or to remain at rest in any part of the crossing, other than in a designated parking area, or on the approach roads except–
a
when directed to do so by a constable or traffic officer;
b
to enable payment of a toll or charge;
c
when prevented from proceeding by traffic or other obstruction of the highway;
d
by reason of breakdown; or
e
when he is incapacitated by reason of illness or injury.
9
No person, other than a constable or traffic officer, shall–
a
carry out, or attempt to carry out, any repair, adjustment or refuelling of a vehicle which is at rest by reason of breakdown in any part of the crossing, other than a designated parking area, or on the approach roads except with permission expressly given by a constable or traffic officer; or
b
move, or attempt to move, any such vehicle from the position in which it is at rest.
10
A constable or traffic officer may remove to a designated parking area any vehicle which is at rest in any part of the crossing, other than a designated parking area, or on the approach roads, if–
a
it is at rest in contravention of regulation 8 above; or
b
it is necessary for it to remain at rest by reason of breakdown; or
c
no person is for the time being in charge of it or the person in charge of it is not present in or on it; or
d
the person in charge of it is incapable of moving it by reason of illness or injury.
11
1
Where a traffic officer removes a vehicle referred to in regulation 10 above or, at the request of the person in charge of it, repairs, adjusts or refuels such a vehicle instead of removing it, the person in charge of the vehicle (if any) and the registered keeper shall jointly and severally be liable to pay to the crossing operator a charge of an amount calculated in accordance with the following table and paragraphs (2), (3) and (4) below–
(1) (2) minimum Charge Additional Charge
Motor cycles and combinations £8 £3
Vehicles with two axles– which could not be removed otherwise than by a large breakdown vehicle £50 £16 in any other case £29 £10
Vehicles with more than two axles £100 £33
2
Any question as to whether or not a vehicle with two axles could be removed otherwise than by a large breakdown vehicle shall be decided by the crossing operator.
3
The minimum charge, referred to in column (1) of the table in paragraph (1) above, is payable in respect of the first fifteen minutes of attendance or part thereof calculated from the time the crossing operator dispatches a breakdown vehicle to the vehicle which is at rest.
4
The additional charge, referred to in column (2) of the table in paragraph (1) above is payable in respect of each additional period of 10 minutes or part thereof after the first fifteen minutes of attendance.
Revocation of the Dartford–Thurrock Crossing Regulations and transitional provisions
12
The Regulations specified in the Schedule are hereby revoked but any application made or permission granted in relation to any vehicle under such Regulations shall, where the time of commencement of the passage of the vehicle occurs after the coming into force of these Regulations, have effect as if made or granted under regulations 2 or 5 above (as the case may be) and accordingly any charge prescribed by regulation 4 above shall apply to such vehicle.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State
Department of Transport
1st August 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Lindsey National Health Service Trust (Establishment) Amendment Order 1994 and shall come into force on 20th June 1994.
2
In this Order, unless the context otherwis requires, “the Order”means the West Lindsey National Health Service Trust (Establishment) Order 1992 .
Change in number of directors of NHS Trust
2
In Article 4 of the Order for “5 non-executive” there shall be substituted “4 non-executive” and for “5 executive” there shall be substituted “4 executive”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
9th June 1994


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Authorised Unit Trusts) (Interest Distributions) Regulations 1994 and shall come into force on 27th September 1994.
Interpretation
2
In these Regulations unless the context otherwise requires —
“authorised unit trust” and “unit holder” have the meanings given by section 468(6) of the Taxes Act ;
“the Board” means the Commissioners of Inland Revenue;
“interest distribution” has the meaning given by section 468L(3) of the Taxes Act;
“section 468O” and “section 468P” mean section 468O and section 468P respectively of the Taxes Act;
“the Taxes Act” means the Income and Corporation Taxes Act 1988;
“the Tax Acts” has the meaning given by section 831(2) of the Taxes Act.
Modifications of sections 468O and 468P in relation to interest distributions made to or received under a trust
3
Except in a case to which regulation 6 applies, section 468O and section 468P shall apply in relation to an interest distribution made to or received under a trust with the modifications specified in regulations 4 and 5.
4
In section 468O for subsections (1) and (2) there shall be substituted the following subsections —
1
For the purposes of sections 468M and 468N , the residence condition is fulfilled with respect to a unit holder in the case of an interest distribution made to or received under a trust if there is a valid declaration made by the trustees of that trust that —
a
the trustees are not resident in the United Kingdom, and
b
each beneficiary of the trust is either not ordinarily resident or, in the case of a beneficiary which is a company, not resident in the United Kingdom.
2
In subsection (1) above and in section 468P, references to a beneficiary are references to any person who is known to the trustees of the trust to be either —
a
a person who is, or will or may become, entitled to any income of the trust, whether in the form of income or not, or
b
a person to whom any such income may be paid, or for whose benefit any such income may be applied, whether in the form of income or not, in the exercise of a discretion by them.
.
5
In section 468P —
a
in subsection (1)(c) for the words “subsections (2) to (4)” there shall be substituted the words “subsection (2)”;
b
for subsection (2) there shall be substituted the following subsection —
2
A declaration made as mentioned in section 468O(1) must contain —
a
the names and principal residential addresses of the trustees of the trust or, in the case of a trustee which is a company, the name of the company and the address of its registered or principal office;
b
the names and principal residential addresses of the beneficiaries of the trust or, in the case of a beneficiary which is a company, the name of the company and the address of its registered or principal office; and
c
an undertaking that the trustees of the trust will notify the trustees of the authorised unit trust in question if —
i
they become resident in the United Kingdom, or
ii
any beneficiary of the trust named in the declaration becomes ordinarily resident or, in the case of a company, resident in the United Kingdom, or
iii
any person who becomes a beneficiary of the trust after the making of the declaration either is at the time of becoming a beneficiary, or subsequently becomes, ordinarily resident or, in the case of a company, resident in the United Kingdom.
;
c
subsections (3) and (4) shall be omitted;
d
in subsection (5)(a) —
i
the words “or (4)” shall be omitted;
ii
for the words “the person in question” there shall be substituted the words “the trustees of the trust have become resident, or any beneficiary of the trust”;
e
in subsection (5)(b) for the words “the person in question” there shall be substituted the words “the trustees of the trust are or may be resident, or any beneficiary of the trust”.
Modification of section 468O in case where interest distribution made to or received under a trust is income of a person other than the trustees
6
1
This regulation applies in any case where the whole of an interest distribution made to or received under a trust is, or falls to be treated as, or under any provision of the Tax Acts is deemed to be, the income of a person other than the trustees of that trust.
2
Where this regulation applies, section 468O and section 468P shall apply as if references to a unit holder in section 468O were references to the person referred to in paragraph (1) above.
Information to be provided to the Board — interest distributions made without deduction of tax
7
1
The Board may by notice require the trustees of an authorised unit trust, within such time (not being less than 14 days) as may be provided by the notice, to supply them with such information (including copies of any relevant books, documents or other records) as they may reasonably require for the purpose of determining whether, having regard to section 468P, interest distributions were properly made by that authorised unit trust without deduction of tax.
2
The Board may by notice require the manager of an authorised unit trust, within such time (not being less than 14 days) as may be provided by the notice, to supply them with such information (including copies of any relevant books, documents or other records) as they may reasonably require for the purpose of determining whether, having regard to section 468P, interest distributions were properly made by that authorised unit trust without deduction of tax.
3
A notice under paragraph (1) above and a notice under paragraph (2) above —
a
may each be given in respect of the same authorised unit trust, and
b
may each require the same information in respect of the same authorised unit trust.
Inspection of records
8
The trustees or the manager of an authorised unit trust shall, whenever required to do so, make available for inspection by an officer of the Board authorised for that purpose, at such time as that officer may reasonably require, all such copies of books, documents or other records in their or his possession or under their or his control as may be required by the Board under regulation 7.
Use of information
9
1
Subject to paragraph (3) below, information obtained by the Board under regulation 7 or 8 shall not be used for the purpose of ascertaining the tax liability (if any) of any person other than the persons specified in paragraph (2) below and shall otherwise be used only for the purposes of these Regulations.
2
The persons specified in this paragraph are —
a
the trustees of the authorised unit trust in question;
b
a unit holder beneficially entitled to an interest distribution made without deduction of tax to whom the information obtained relates;
c
where an interest distribution is made to or received under a trust without deduction of tax and sub-paragraph (d) below does not apply, the trustees of that trust and any beneficiary of the trust to whom the information obtained relates; and
d
where the whole of an interest distribution made to or received under a trust without deduction of tax is, or falls to be treated as, or under any provision of the Tax Acts is deemed to be, the income of a person other than the trustees of that trust, that person in so far as the information obtained relates to him.
3
Paragraph (1) above shall not be construed as preventing any disclosure of information within section 182(5) of the Finance Act 1989 .
4
In paragraph (2)(c) above, “any beneficiary of the trust” means —
a
any person who is, or will or may become, entitled to any income of the trust, whether in the form of income or not, and
b
any person to whom any such income may be paid, or for whose benefit any such income may be applied, whether in the form of income or not, in the exercise of a discretion by the trustees of the trust.
S. C. T. Matheson
G. H. Bush
Two of the Commissioners of Inland Revenue
5th September 1994


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Employments) (Amendment) Regulations 1994 and shall come into force on 6th April 1994.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Employments) Regulations 1993 , and “regulation” means a regulation of those Regulations.
Amendments to the principal Regulations
3
In regulation 5 —
a
in paragraph (2)(b) the words “, notwithstanding regulation 4” shall be omitted;
b
in paragraph (3)(a) for the words “regulation 4” there shall be substituted the words “paragraph (4)”;
c
after paragraph (3) there shall be added —
4
Where this paragraph applies —
a
the principal employer shall be deemed to be the employer for the purposes of these Regulations in relation to any gratuities or service charges falling within paragraph (3)(a);
b
the tronc-master shall furnish the principal employer with such particulars of every payment by way of the sharing out of gratuities or service charges to be made to an employee as may be necessary to enable the principal employer to comply with the provisions of these Regulations;
c
the principal employer shall, on making any payment of gratuities or service charges to the tronc-master, deduct or repay tax in accordance with these Regulations in respect of the amount of such gratuities or service charges to be paid to each employee, and shall notify the tronc-master of each amount so deducted or repaid.
5
In paragraphs (3) and (4) “the principal employer” means the person under whose general control and management the employees in question work.
.
4
After regulation 46 there shall be inserted —
Return where a car is made available
46A
1
In the circumstances specified in paragraph (2), the employer shall render a return to the inspector, not later than 28 days after the end of each income tax quarter, in such form as the Board may approve or prescribe, containing the particulars specified in paragraph (3) in respect of each relevant employee.
2
The circumstances specified in this paragraph are where in any year —
a
the benefit of a car is chargeable to income tax under section 157 of the Taxes Act as the employee’s income, and
b
one or more of the following occurs in the income tax quarter, namely —
i
a car which was unavailable becomes available;
ii
a car which was available becomes unavailable;
iii
where a car is available to an employee, or to others being members of his family or household, by reason of the employee’s employment, the employee becomes a relevant employee.
3
The particulars specified in this paragraph are particulars of —
a
the name of the employee;
b
the employee’s national insurance number;
c
the car which is or becomes available or has become unavailable;
d
the price of the car;
e
any capital sum contributed by the employee to expenditure on the provision of the car or on any qualifying accessory which is taken into account in determining the price of the car;
f
any amount which, as a condition of the car being available for his private use, the employee is required to pay in the year concerned for that use (whether by way of deduction from his emoluments or otherwise);
g
any provision of fuel for private use.
4
For the purposes of sub-paragraphs (d) and (e) of paragraph (3) the price of a car shall be determined in accordance with the provisions contained in sections 168A to 168G of the Taxes Act .
5
In this regulation —
“available” shall be construed in accordance with paragraph 10 of Schedule 6 to the Taxes Act ;
“qualifying accessory” has the meaning given by section 168A(10) of the Taxes Act;
a “relevant employee” means an employee who is employed in employment to which Chapter II of Part V of the Taxes Act applies;
“unavailable” shall be construed in accordance with paragraph 9 of Schedule 6 to the Taxes Act.
.
L. J. H. Beighton
C. W. Corlett
Two of the Commissioners of Inland Revenue
15th March 1994


text:
1
This Order may be cited as the Local Authorities (Armorial Bearings) Order 1994 and shall come into force on 20th July 1994.
2
The armorial bearings which, immediately before 1st April 1974, were borne and used by the Gainsborough urban district council, may be borne and used by the Gainsborough town council, provided they have first been exemplified according to the law of arms and recorded in the College of Arms.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Wells and Walsingham Light Railway (Amendment) Order 1994 and shall come into force on 4th February 1994.
2
This Order and the Wells and Walsingham Railway Light Railway Order 1982 may be cited together as the Wells and Walsingham Light Railway Orders 1982 and 1992.
Amendment of 1982 Order
2
For the definition of “the proprietors” in the Wells and Walsingham Railway Light Railway Order 1982 there shall be substituted the following definition —
“the proprietors” means —
Lt. Commander Roy Wallace Francis R.N. Rtd, of Hannay, Forncett St. Mary, Norwich, Norfolk; and
Mrs. Marie Eleanor Francis, of the same address; and
Dr. Rowan Nigel Francis of Kingsmuir, Low Road, Forncett St. Mary, Norwich, Norfolk; and
Mrs. Susan Hannay Rohde of 14 Farm Road, Warlingham, Surrey;
Provided that in the event of the death of any of the aforesaid persons the expression “the proprietors” shall mean the survivors or survivor for the time being of those persons.
Signed by authority of the Secretary of State for Transport
J. R. Coates
An Under Secretary,
Department of Transport
3rd February 1994


text:
1
This Scheme may be cited as the M1 Motorway (Belle Isle) Scheme 1994 and shall come into force on 29th April 1994.
2
The Secretary of State is authorised to provide a special road for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980 along a route from a point on the eastern side of the M1 Motorway 160 metres north of the Middleton Lane overbridge, northwards, to a point on the eastern side of that motorway 275 metres south of Urn Farm Accommodation Bridge, all in the City of Leeds in the County of West Yorkshire, a distance of about 500 metres.
3
The centre line of the new special road is indicated by a heavy black line on the deposited plan number HA16/YHCPD9 marked “The M1 Motorway (Belle Isle) Scheme 1994”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
4
The new special road shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
J.P. Henry
Regional Director Yorkshire and Humberside Region
Department of Transport
30th March 1994


text:
1
1
This Order may be cited as the European Parliamentary Constituencies (England) Order 1994.
2
Subject to paragraph 8 of Schedule 2 to the European Parliamentary Elections Act 1978 , this Order shall come into force when section 1 of the European Parliamentary Elections Act 1993 comes into force for all purposes or all remaining purposes, as the case may be.
2
For all the European Parliamentary constituencies in England (which are described in the European Parliamentary Constituencies (England) Order 1984 and the European Parliamentary Constituencies (England) (Miscellaneous Changes) Orders 1989 and 1992 ) there shall be substituted the European Parliamentary constituencies which are named in column 1 of the Schedule to this Order and comprise the parliamentary constituencies specified opposite thereto in column 2 of that Schedule, being parliamentary constituencies as they exist on 17th December 1993 and as described in the Parliamentary Constituencies (England) Order 1983 , the Parliamentary Constituencies (England) (Miscellaneous Changes) Orders 1985 , 1986 and 1987 , the Parliamentary Constituencies (England) (Miscellaneous Changes) ( No. 2) Order 1987 , the Parliamentary Constituencies (England) (Miscellaneous Changes) (No. 3) Order 1987 , the Parliamentary Constituencies (England) (Miscellaneous Changes) (No. 4) Order 1987 and the Parliamentary Constituencies (England) (Miscellaneous Changes) Order 1990 .
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Statutory Sick Pay (Rate of Payment) Order 1994 and shall come into force on 6th April 1994 immediately after the coming into force of article 9 of the Social Security Benefits Up-rating Order 1994 .
2
In this Order “the 1992 Act ” means the Social Security Contributions and Benefits Act 1992.
Substitution of provisions in section 157(1) of the 1992 Act
2
For paragraphs (a) and (b) of subsection (1) of section 157 of the 1992 Act, there shall be substituted the following paragraphs —
a
£52.50, in a case where the employee’s normal weekly earnings under his contract of service with that employer are not less than £200.00; or
b
£47.80 in any other case.
.
Transitional provisions
3
Where in relation to statutory sick pay a period of entitlement as between an employer and an employee is running at 6th April 1994 and the employee’s normal weekly earnings under the contract of service with that employer are not less than, or are treated for the purposes of section 157(1) of the 1992 Act as not less than £195.00, they shall be treated for the purposes of that section as not less than £200.00 for the remainder of that period.
Revocation
4
The following provisions are hereby revoked —
a
article 2 of the Statutory Sick Pay (Rate of Payment) Order 1993 ;
b
the Statutory Sick Pay (Rate of Payment) Order 1991 .
Signed by authority of the Secretary of State for Social Security.
Astor
Parliamentary Under-Secretary of State,
Department of Social Security
7th March 1994


text:
Citation and commencement
1
This Order may be cited as the Friendly Societies (Auditors) Order 1994 and shall come into force on 1st May 1994.
Interpretation
2
In this Order —
“ the Act ” means the Friendly Societies Act 1992;
“auditor” means an auditor of a society;
“relevant information” has the meaning given by section 79(10) of the Act;
“society” means a friendly society; and
“ the Commission ” means the Friendly Societies Commission.
Matters to be communicated to the Friendly Societies Commission
3
1
The auditor shall furnish to the Commission in the circumstances prescribed in paragraph (2) below, relevant information available to him of the description prescribed in paragraph (3) below.
2
The circumstances referred to in paragraph (1) above are circumstances in which the information of the description prescribed in paragraph (3) below is such as to give an auditor reasonable cause to believe —
a
that any of the criteria of prudent management in section 50(3) of the Act is not or has not been satisfied, or may not be or may not have been satisfied, in respect of the society of which he is the auditor; and
b
that the information is likely to be of material significance for the exercise, in relation to such a society, of the Commission’s functions.
3
The description of the information hereby prescribed is: any matter of which the auditor becomes aware in his capacity as such which relates to the business or affairs of the society of which he is the auditor, its subsidiaries or bodies of which it has joint control within the meaning of section 13(9)(c) of the Act.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
26th January 1994


text:
Citation and commencement
1
This Order may be cited as the West Dorset Mental Health National Health Service Trust Dissolution Order 1994 and shall come into force on 1st April 1994.
Dissolution of NHS trust
2
The West Dorset Mental Health National Health Service Trust established by the West Dorset Mental Health National Health Service Trust (Establishment) Order 1990 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
18th March 1994


text:
Citation, commencement, operation and extent
1
1
This Order may be cited as the Former Yugoslavia (United Nations Sanctions) (Isle of Man) Order 1994 and shall come into force on 19th October 1994.
2
If, after the making of this Order, the Security Council of the United Nations takes a decision which has the effect of cancelling or suspending in whole or in part the operation of the resolutions adopted by it on 17th April 1993 and 23rd September 1994, this Order shall cease to have effect or its operation shall be suspended, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend, as part of the law therein, to the Isle of Man only.
Interpretation
2
1
In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“Bosnian Serb controlled areas” means those areas of the Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces;
“export” includes shipment as stores;
“exportation”, in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Isle of Man of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“officer of Customs and Excise” means an officer authorised as such under the Customs and Excise Management Act 1986 (an Act of Tynwald);
“property” includes funds, financial, tangible and intangible assets, property rights and public and privately traded securities and debt instruments, and any other financial and economic resources;
“ship” has the meaning it bears in section 742 of the Merchant Shipping Act 1894 ;
“shipment”(and cognate expressions) and “stores” shall have the meaning they bear in the Customs and Excise Management Act 1986 (of Tynwald);
“the Treasury” means the Isle of Man Treasury, a department of the government of the Isle of Man;
“vehicle” means land transport vehicle.
2
Any reference to a provision of an Act of Parliament or of an enactment made under an Act of Parliament shall, in the case of a provision which has been extended to the Isle of Man, be construed as a reference to that provision as it has effect there and, in the case of a provision which has not been so extended, be construed as a reference to that provision as it has effect in the United Kingdom.
Exportation of goods to Bosnian Serb controlled areas and areas of Croatia
3
Except under the authority of a licence granted under this article by the Treasury, or granted by the Treasury under the Export of Goods (Control) (Croatian and Bosnian Territories) Order 1993 , all goods are prohibited to be exported from the Isle of Man to any destination in the Bosnian Serb controlled areas or the United Nations Protected Areas of the Republic of Croatia.
Prohibition on economic activities
4
1
Except under the authority of a licence granted under this article by the Treasury, no person connected with the Bosnian Serb controlled areas shall carry on any economic activities in the Isle of Man.
2
For the purposes of this article:
a
“economic activities” includes
i
all activities of an economic nature including commercial, financial and industrial activities and transactions, in particular all activities of an economic nature involving the use of or dealing in, with or in connection with property or interests in property;
ii
the exercise of rights relating to property or interests in property;
iii
the establishment of any new body or change in management of an existing body;
b
“person connected with the Bosnian Serb controlled areas” means any of the following persons:
i
any body, wherever incorporated or constituted, which is owned or controlled, directly or indirectly, by the following persons:
aa
any person in, or resident in, the Bosnian Serb controlled areas; or
bb
any body in the Bosnian Serb controlled areas; or
ii
any person or body acting on behalf of a body in the Bosnian Serb controlled areas or a body described in sub-paragraph (i).
Prohibition of the provision of services
5
1
Except under the authority of a licence granted under this article by the Treasury, no person mentioned in article 8 shall provide any services to any person or body for the purposes of any business carried on in the Bosnian Serb controlled areas.
2
For the purposes of this article “services” shall not include telecommunications services or postal services.
Assets of persons connected with Bosnian Serb controlled areas
6
1
Except with permission granted by the Treasury, no person mentioned in article 8 shall —
a
make payment, or part with any gold, securities or investments; or
b
make any change in the persons to whose credit any sum is to stand or to whose order any gold, securities or investments are to be held,
where any such action is action to which this article applies.
2
This article applies to any action which is likely to make available to or for the benefit of any person connected with the Bosnian Serb controlled areas any funds or any other financial assets or resources, whether by their removal from the Isle of Man or otherwise, or otherwise to result in the remittance or transfer of funds or other such assets or resources to or for the benefit of any person connected with the Bosnian Serb controlled areas.
3
Any permission granted by or on behalf of the Treasury under this article may be granted either absolutely or subject to conditions and may be varied or revoked at any time by the Treasury.
4
In this article:
a
“gold”, “payment” and “securities” shall have the meanings they bear in section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 ;
b
“investments” means any asset, right or interest falling within any paragraph of Part I of Schedule 1 to the Financial Services Act 1986 which is not a security;
c
“person connected with the Bosnian Serb controlled areas” means any of the following persons:
i
any body in the Bosnian Serb controlled areas; or
ii
any body, wherever incorporated or constituted, which is owned or controlled, directly or indirectly, by the following persons:
aa
any person in, or resident in, the Bosnian Serb controlled areas; or
bb
any body in the Bosnian Serb controlled areas; or
iii
any person or body acting on behalf of a body described in sub-paragraph (i) or (ii).
Exception
7
Nothing in this Order, in the Serbia and Montenegro (United Nations Sanctions) Order 1992 or the Serbia and Montenegro (United Nations Sanctions) (Isle of Man) Order 1993 shall prohibit any activities in connection with the United Nations Protection Force ( UNPROFOR ), the International Conference on the Former Yugoslavia or the European Community Monitoring Mission.
Provision relating to articles 4, 5 and 6
8
1
The provisions of articles 5 and 6 shall apply to any person within the Isle of Man and to any person elsewhere who:
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, or a British protected person and is ordinarily resident in the Isle of Man; or
b
is a body incorporated or constituted under the law of the Isle of Man.
2
Subject to the provisions of paragraphs (3) and (4) below, any person specified in paragraph (1) above who contravenes the provisions of articles 5(1) or 6(1), and any person who contravenes the provisions of article 4(1), shall be guilty of an offence.
3
In the case of proceedings for an offence in contravention of article 4(1) by a person or body acting on behalf of a body in the Bosnian Serb controlled areas or any of the bodies described in article 4(2)(b)(i), it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that he was so acting.
4
In the case of proceedings for an offence in contravention of article 5(1), it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the services in question were to be provided for the purposes of any business carried on in the Bosnian Serb controlled areas.
Customs powers to demand evidence of destination which goods reach
9
Any exporter or any shipper or goods which have been exported from the Isle of Man, shall, if so required by the Treasury, furnish within such time as it may allow proof to its satisfaction that the goods have reached either —
i
a destination to which they were authorised to be exported by a licence granted under this Order or under the Export of Goods (Control) (Croatian and Bosnian Territories) Order 1993 ; or
ii
a destination to which their exportation was not prohibited by this Order,
and, if he fails to do so, he shall be guilty of an offence unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licence, conditions attaching to licences, etc.
10
1
If for the purposes of obtaining any licence or permission under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence.
2
Any person who has done any act under the authority of a licence or permission granted under this Order and who fails to comply with any condition attaching to that licence or permission shall be guilty of an offence:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Treasury after the doing of the act authorised by the licence or permission.
Declaration as to goods: powers of search
11
1
Any person who is about to leave the Isle of Man shall, if he is required to do so by an officer of Customs and Excise —
a
declare whether or not he has with him any goods destined for the Bosnian Serb controlled areas or the United Nations Protected Areas in the Republic of Croatia; and
b
produce any such goods as aforesaid which he has with him,
and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence.
Obtaining of evidence and information
12
The provisions of the Schedule to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining of evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence under an enactment relating to customs.
Penalties and proceedings
13
1
Any person guilty of an offence under article 8(2) by contravening the provisions of article 5(1) or article 6(1) shall be liable —
a
on conviction on information to imprisonment for a term not exceeding seven years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
2
Any person guilty of an offence under paragraph 5(b) or (d) of the Schedule to this Order shall be liable —
a
on conviction on information to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
3
Any person guilty of an offence under article 8(2) by contravening the provisions of article 4(1) or under 10(1) or (2) or article 11(3) shall be liable —
a
on conviction on information to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding the statutory maximum.
4
Any person guilty of an offence under paragraph 5(a) or (c) of the Schedule to this Order shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
5
Any person guilty of an offence under article 9 or article 11(2) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
7
Notwithstanding anything in section 75(1) of the Summary Jurisdiction Act 1989 (an Act of Tynwald), a complaint relating to an offence under this Order may be heard if it is made at any time within three years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
8
For the purposes of this article —
a
a certificate signed by or on behalf of the prosecutor as to the date on which such evidence as is referred to in paragraph (7) above came to his knowledge shall be conclusive evidence of that fact; and
b
a certificate purporting to be so signed shall be presumed to be so signed unless the contrary is proved.
9
Proceedings against any person for an offence under this Order may be taken before the appropriate court having jurisdiction in the Isle of Man.
10
No proceedings for an offence under this Order, other than for a summary offence, shall be instituted except by the Treasury or by or with the consent of the Attorney General for the Isle of Man:
Provided that this paragraph shall not prevent the arrest of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers
14
1
The Treasury may, to such extent and subject to such restrictions and conditions as it thinks proper, delegate or authorise the delegation of any of its powers under this Order (other than the power to give authority under the Schedule to this Order to apply for a search warrant) to any person, or class or description of persons, approved by it, and references in this Order to the Treasury shall be construed accordingly.
2
Any licence granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted it.
Miscellaneous
15
1
Any provision of this Order which prohibits the doing of a thing except under the authority of any licence or with any permission shall not have effect in relation to any such thing done anywhere than in the Isle of Man, provided that it is duly authorised.
2
A thing is duly authorised for the purpose of paragraph (1) above if it is done under the authority of a licence or with permission granted, in accordance with any law in force in the place where it is done (being a law substantially corresponding to the relevant provisions of this Order), by the authority competent in that behalf under that law.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating (Miscellaneous Provisions) (No. 2) (Amendment) Regulations 1994 and shall come into force on 30th December 1994.
Valuation on the contractor’s basis
2
1
Regulation 2 of the Non-Domestic Rating (Miscellaneous Provisions) (No. 2) Regulations 1989 shall be amended in accordance with the following paragraphs.
2
For paragraph (1), substitute the following —
1
Paragraph (2) of this regulation applies in relation to a hereditament shown in a non-domestic rating list compiled on 1st April 1990 the rateable value of which is being ascertained by reference to the notional cost of constructing or providing it or any part of it.
.
3
After paragraph (1), insert the following —
1A
Paragraph (2A) of this regulation applies in relation to a hereditament shown in a non-domestic rating list compiled on 1st April 1995 the rateable value of which is being ascertained by reference to the notional cost of constructing or providing it or any part of it.
.
4
In paragraph (2), substitute, for “this regulation”, “paragraph (1) of this regulation”.
5
After paragraph (2), insert the following —
2A
In applying the provisions of the Act referred to in paragraph (2) in circumstances where paragraph (1A) of this regulation applies, the appropriate rate shall be assumed to be —
a
in the case of an educational hereditament or a healthcare hereditament, 3.67%; and
b
in any other case, 5.5%.
.
6
In paragraph (3), after the definition of “educational hereditament”, insert the following —
“healthcare hereditament” means a hereditament constructed or adapted wholly or mainly either —
for the reception or treatment of persons suffering from any illness, injury or infirmity; or
as a maternity home,
and used for such a purpose.
Docks and harbours undertakings
3
1
Subject to paragraph (2), with effect from 1st April 1995, for regulation 5(2)(a) of the Non-Domestic Rating (Miscellaneous Provisions) (No. 2) Regulations 1989, there shall be substituted —
a
that the relevant income of the dock or harbour undertaking —
i
in any accounting period of twelve months ending during the period beginning on 31st December 1987 and ending on 31st March 1988 or, if there was no such period, during the twelve months ending on 31st March 1988; or
ii
in any accounting period of twelve months ending during the period beginning on 31st December 1992 and ending on 31st March 1993 or, if there was no such period, during the twelve months ending on 31st March 1993,
was £50,000 or more;
.
2
Without prejudice to section 16(1) of the Interpretation Act 1978 , the provisions of regulation 5(2)(a) of the Non-Domestic Rating (Miscellaneous Provisions) (No. 2) Regulations 1989 shall continue to have effect on and after 1st April 1995 for the purposes of and for purposes connected with any alteration of a non-domestic rating list in force immediately before 1st April 1995.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
5th December 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, for Wales
7th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Basildon and Thurrock General Hospitals National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 6th October 1994.
2
In this Order —
“the Authority” means the South Essex Health Authority;
“the Trust” means the Basildon and Thurrock General Hospitals 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 20th June 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
8th September 1994