text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Avon (Structural Change) Order 1995 and shall come into force for the purposes of articles 3, 8 to 10, 12, 14(2) and (3), and 18 to 21 inclusive on the day after the day on which it is made and for all other purposes on 1st April 1996.
Interpretation
2
In this Order —
“ the Act ” means the Local Government Act 1992;
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“Avon” means the non-metropolitan county of Avon and “the County Council” means the council of that county;
“ Avon district ” means a district in Avon and “Avon district council” means a council of such a district;
“existing”, in relation to an area or an authority, means that area or authority as it exists on the date this Order is made;
“the preliminary period” means the period beginning with 8th May 1995 and ending immediately before the reorganisation date;
“the 1994 Regulations ” means the Local Government Changes for England Regulations 1994 ;
“relevant provision” means a provision in any subordinate legislation made under the Act or made, in connection with the Act or such provision, under any other enactment;
“the reorganisation date” means 1st April 1996;
“subordinate legislation” has the same meaning as in section 21 of the Interpretation Act 1978
“the transferee authorities” means Bath and North East Somerset District Council, the City of Bristol Council, North West Somerset District Council and South Gloucestershire District Council and
“the transferor authorities” means Avon County Council, Bath City Council, Kingswood Borough Council, Northavon District Council and Wansdyke District Council.
PART II
NEW AND CONTINUING DISTRICTS
Constitution of new districts of Bath and North East Somerset and South Gloucestershire
3
1
A new district of Bath and North East Somerset shall be constituted and shall comprise the areas of the existing Avon districts of Bath and Wansdyke.
2
A new district of South Gloucestershire shall be constituted and shall comprise the areas of the existing Avon districts of Kingswood and Northavon.
3
Subject to article 18, there shall be new non-metropolitan district councils for Bath and North East Somerset, and South Gloucestershire, which shall be the transferee authorities for those new district areas.
District of North West Somerset
4
1
The existing Avon district of Woodspring shall be renamed North West Somerset.
2
The existing Woodspring District Council shall be renamed the North West Somerset District Council.
Existing local government areas
5
1
The existing county of Avon and the existing Avon districts of Bath, Wansdyke, Kingswood and Northavon shall be abolished.
2
The County Council, Bath City Council, Kingswood Borough Council, Northavon District Council and Wansdyke District Council shall be wound up and dissolved.
PART III
NEW COUNTIES
Constitution of new counties
6
1
New counties of North West Somerset, Bath and North East Somerset, South Gloucestershire and the City of Bristol shall be constituted and shall comprise the district areas of North West Somerset, Bath and North East Somerset, South Gloucestershire and the City of Bristol respectively.
2
Section 2(1) of the 1972 Act (which provides that every county shall have a council) shall not apply in relation to the counties of North West Somerset, Bath and North East Somerset, South Gloucestershire and the City of Bristol.
The Shrievalty
7
1
The office of the High Sheriff of Avon shall cease to exist.
2
The person holding that office immediately before the reorganisation date shall become the first High Sheriff of the county of the City of Bristol.
PART IV
ELECTORAL ARRANGEMENTS
Elections for the City of Bristol
8
For article 9 of the City of Bristol (Electoral Arrangements) Order 1980 there shall be substituted:
9
1
The whole number of councillors shall be elected at the ordinary elections of councillors in 1995.
2
The councillors holding office for any ward of the city immediately before 8th May 1995 shall retire on that date and the newly elected councillors for any such ward shall come into office on that date.
3
The order of retirement of the councillors elected in 1995 shall be as set out in the Table in Schedule 2 to this Order, except that in the first column, “1997” shall be substituted for “1984”, in the second column, “1998” shall be substituted for “1986” and in the third column “1999” shall be substituted for “1987”.
4
Of the councillors elected in 1995 for any ward of the city, the first to retire in that ward shall be, subject to paragraphs (5) and (6) below, the councillor elected by the smaller number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each such year shall be determined by lot.
7
Where under this Article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.
8
The term of office of councillors elected in 1997 shall be three years.
9
Except as otherwise provided in the foregoing paragraphs of this Article the term of office of councillors shall be four years, and all councillors shall retire on the fourth day after the ordinary day of election of councillors for the city in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Elections in Bath and North East Somerset and South Gloucestershire
9
1
The ordinary election of councillors of the district councils of Bath and North East Somerset and South Gloucestershire shall be held in 1995 and in every fourth year thereafter.
2
Bath and North East Somerset shall be represented by 65 councillors and divided into 36 wards, as set out in Schedule 1 to this Order.
3
South Gloucestershire shall be represented by 70 councillors and divided into 38 wards, as set out in Schedule 2 to this Order.
4
The term of office of such councillors shall be four years and all councillors shall retire on the fourth day after the day of the ordinary election of councillors in the year of retirement, and the newly elected councillors shall come into office on the day on which their predecessors retire.
5
At the ordinary election in 1995 —
a
the returning officer for the election to Bath and North East Somerset District Council shall be the returning officer appointed by Wansdyke District Council for the existing district of Wansdyke; and
b
the returning officer for the election to South Gloucestershire District Council shall be the returning officer appointed by Northavon District Council for the existing district of Northavon.
6
Section 36(4) of the Representation of the People Act 1983 (“the 1983 Act ”) (payment of election expenses) shall not apply to that election.
7
All expenditure properly incurred by the returning officer in relation to the holding of the election to Bath and North East Somerset District Council shall be paid by the councils of the districts of Bath and Wansdyke in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State.
8
All expenditure properly incurred by the returning officer in relation to the holding of the election to South Gloucestershire District Council shall be paid by the councils of the districts of Kingswood and Northavon in such proportions as may be agreed between them or, failing such agreement, as may be determined by the Secretary of State.
9
In relation to those elections, “the appropriate officer”, in Parts II and III of the 1983 Act does not have the meaning given by section 67(7) of that Act but means the returning officer for that election.
Suspension of elections and retirement of councillors
10
1
The ordinary election of councillors in 1995 to the transferor authorities shall be cancelled.
2
Any councillor of a transferor authority holding office immediately before 8th May 1995 who would, but for the provisions of this Order, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the reorganisation date.
3
Where a vacancy for a councillor of a transferor authority occurs within the six months before the reorganisation date, an election shall not be held unless on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the transferor authority exceeds one third of the whole number of members.
PART V
LOCAL GOVERNMENT REORGANISATION IN AVON
Structural change
11
The functions of the County Council in relation to each Avon district shall, subject to the following provisions of this Part and to any other relevant provision, be transferred to the transferee authority for that district.
Avon and Somerset police authority
12
1
In this article, “the 1964 Act ” means the Police Act 1964 .
2
For the purposes of the functions to which this article applies —
a
paragraph 27(1) of Schedule 1B to the 1964 Act (meaning of “relevant council”) shall have effect as though articles 5 and 6 were in force on 1st October 1995, and
b
accordingly, the appointments which are required to be made to the Avon and Somerset Police Authority (as established under section 3 of the 1964 Act) (“the Authority”) by paragraph 2(2) of that Schedule (appointments of members of police authority by joint committee appointed by relevant councils) shall be made, as soon as practicable after that date, by a joint committee appointed by the transferee authorities and Somerset County Council (as relevant councils) in accordance with that provision.
3
The functions to which this article applies are —
a
on and after the reorganisation date, all functions of the Authority; and
b
before that date (but on and after 1st October 1995), the following functions of the Authority in respect of the financial year beginning on 1st April 1996 —
i
functions under Chapter IV of Part I of the Local Government Finance Act 1992 (precepts) ; and
ii
functions under sections 4A (local policing objectives) and 4B (local policing plans) of the 1964 Act .
4
For the purposes of the functions referred to in paragraph (3)(b) above —
a
section 28(2)(b) of the Police and Magistrates' Courts Act 1994 (approval of decisions about precepts) shall have effect as though the reference to the members of the police authority appointed under paragraph 2 of Schedule 1B to the 1964 Act was a reference to the members so appointed by virtue of paragraph (2) above; and
b
the members of the Authority appointed under paragraph 2 of that Schedule otherwise than by virtue of paragraph (2) above shall not participate in the discharge of those functions.
5
A member of the Authority who was appointed under paragraph 2 of Schedule 1B to the 1964 Act otherwise than by virtue of paragraph (2) above and who is not subsequently so appointed shall cease to hold office as a member of the Authority on the reorganisation date.
6
In determining the period of a term of years for the purposes of paragraph 17 of Schedule 1B to the 1964 Act (term of appointment of members of a police authority), any period as a member of the Authority prior to the reorganisation date under an appointment made by virtue of paragraph (2) above shall be disregarded except where the person in question had been a member of the Authority by virtue of an appointment under paragraph 2 of that Schedule prior to his appointment by virtue of paragraph (2) above.
Amendment of Schedule 1A to the Police Act 1964
13
Schedule 1A to the Police Act 1964 shall be amended by substituting for the words “The counties of Avon and Somerset” in the right-hand column opposite the name of the Avon and Somerset police area the words “The county of Somerset and the non-metropolitan districts of Bath and North East Somerset, Bristol, North West Somerset and South Gloucestershire”.
Fire Services
14
1
The area of each transferee authority shall, subject to any combination scheme under the Fire Services Act 1947 (“the 1947 Act ”) , become the area of a fire authority for the purposes of that Act.
2
For the purposes of the making of a combination scheme with respect to the areas of the transferee authorities before the reorganisation date in accordance with section 10 of the 1947 Act (power to make schemes in advance of alterations to local government areas), section 5(2) of that Act shall have effect, in relation to the transferee authorities, as if —
a
in paragraphs (a) and (d) of that subsection, for “the constituent authorities”, wherever those words occur, there were substituted “the council of the county of Avon”; and
b
in paragraphs (e) and (f) of that subsection, for “any of the constituent authorities” there were substituted “the council of the county of Avon”.
3
Section 10 of the 1947 Act shall have effect, in relation to the transferee authorities, as if after the word “but” there were inserted the words “, except so far as it relates to the constitution of an authority as the fire authority for the combined area constituted by the scheme and the performance by that authority of any functions necessary for bringing the scheme into full operation on that date,”.
Planning Functions
15
1
The structure plan prepared by the County Council and any proposals prepared by that council for the alteration or replacement of that plan shall be treated as if they had been prepared by the transferee authorities jointly and section 50 of the 1990 Act shall apply accordingly.
2
In relation to a transferee authority —
a
section 36(5) of the 1990 Act (which provides that a local plan shall not contain policies in respect of minerals or waste) shall not apply;
b
subsection (1) of section 37 of that Act (minerals local plans) shall have effect as if, after the words “local plan”, there were added the words “or include in their local plan their detailed policies in respect of development consisting of the winning and working of minerals or involving the deposit of mineral waste”; and
c
subsection (2) of section 38 of that Act (waste policies) shall have effect as if, after paragraph (b), there were added the following —
or
c
include their waste policies in their local plan.
Superannuation fund
16
The superannuation fund maintained by the County Council under the Local Government Superannuation Regulations 1986 together with all rights and liabilities in respect of the fund shall vest in the council of the district of Bath and North East Somerset.
Designated authority
17
The council of the City of Bristol is specified as the designated authority for the purposes of the Local Government Changes for England (Finance) Regulations 1994 .
PART VI
TRANSITIONAL AND CONSEQUENTIAL PROVISION
Shadow authorities
18
During the preliminary period —
a
The Bath and North East Somerset District Council and the South Gloucestershire District Council shall not be local authorities for the purposes of the 1972 Act, and section 2(2) of that Act shall have effect as if the words from “and the council” to the end of that subsection were omitted; and
b
those councils shall be shadow authorities for the purposes of the 1994 Regulations .
Co-operation and information
19
1
The relevant authorities and their officers shall co-operate with each other, and generally exercise their functions, so as to facilitate the implementation of this Order and any other relevant provision.
2
The transferor authorities shall furnish any other relevant authority with all such information relating to the transferor authorities or their functions as that authority may reasonably request for the purpose of implementing this Order or any other relevant provision.
3
In this article, “relevant authority” means a transferor authority, a transferee authority and any other body to which functions of a transferor authority will be transferred by virtue of any relevant provision.
Preparations for transfer of functions
20
1
Subject to paragraph (2) below, the transferor and transferee authorities may take such steps as appear to them to be necessary for the purpose of preparing for the transfer and exercise of functions which will, on and after the reorganisation date, be exercisable by the transferee authorities by virtue of this Order or any other relevant provision.
2
During the preliminary period, each transferee authority —
a
shall, in relation to the functions referred to in paragraph (1) above, make such arrangements for organisation and management and such appointments of officers as are necessary to secure the proper performance of those functions on and after the reorganisation date;
b
shall, at a meeting of the council, consider a report by the head of their paid service as to whether any such functions could with advantage be discharged by one of the transferee authorities, or jointly by two or more of those authorities, in pursuance of arrangements made under section 101 of the 1972 Act (arrangements for discharge of functions) or under any other enactment; and
c
if of that opinion, shall promote the making of such arrangements.
3
In paragraph (2) above, the reference to the head of a council’s paid service is a reference to the officer designated as such under section 4(1) of the Local Government and Housing Act 1989 ; and nothing in section 101 of the 1972 Act shall apply to the duty imposed by virtue of sub-paragraph (b) of that paragraph.
Activities preliminary to the exercise of functions
21
Where, during the preliminary period, a relevant authority (other than a transferee authority) is required by virtue of any enactment to prepare any budgets or plans, or to consult any person, for purposes connected with the exercise, on and after the reorganisation date, of any functions in relation to any part of the areas of the transferee authorities which, on and after that date, are exercisable by the transferee authorities, the requirement in question shall, subject to any other relevant provision, cease to have effect during that period in relation to that authority; and any such requirement shall instead have effect, during that period and for those purposes, in relation to the transferee authorities.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
28th February 1995


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Plant Breeders' Rights (Fees) (Amendment) Regulations 1995 and shall come into force on 1st April 1995.
Amendment of the Plant Breeders' Rights (Fees) Regulations 1990
2
In item 4 in the first column of Part II of the Schedule to the Plant Breeders' Rights (Fees) Regulations 1990 there shall be inserted after the word “fenugreek,” the word “leek,”.
Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
20th February 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
17th February 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
20th February 1995
Denton of Wakefield
Parliamentary Under Secretary of State, Northern Ireland Office
2nd March 1995
Michael Howard
Secretary of State for the Home
Department (being the Secretary of State concerned with matters relating to the Isle of Man)
28th February 1995
We approve,
Derek Conway
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Victoria Infirmary and Associated Hospitals National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 16th August 1995.
2
In this Order —
“the Authority” means the Northumberland Health Authority;
“the Trust” means the Royal Victoria Infirmary and Associated 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 22nd February 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 16th August 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
19th July 1995


text:
1
These Regulations may be cited as the Electromagnetic Compatibility (Amendment) Regulations 1995 and shall come into force on 1st January 1996.
2
The Electromagnetic Compatibility Regulations 1992 are hereby further amended as follows —
a
after regulation 22, there shall be inserted the following regulation —
Vehicles, components and separate technical units
22A
1
These Regulations do not apply to vehicles, components or separate technical units.
2
In this regulation, in accordance with Council Directive 72/245/ EEC relating to the radio interference (electromagnetic compatibility) of vehicles as adapted to technical progress and amended by Commission Directive 95/54/E,C “vehicle”, “component”and “separate technical unit”have the meanings respectively given to them by Article 2 of Council Directive 70/156/EEC on the approximation of the laws of the member States relating to the type-approval of motor vehicles and their trailers , as amended by Council Directive 92/53/EEC . ; and
b
regulation 24 shall be deleted.
Anthony Nelson
Minister for Trade,
Department of Trade and Industry
7th December 1995


text:
Citation and commencement
1
This Order may be cited as the Social Security (Recoupment) (Prolongation of Period for Furnishing of Certificate of Total Benefit) Order 1995 and shall come into force on 27th April 1995.
Prolongation of Period for Furnishing of Certificate of Total Benefit for the Purposes of Determining whether Liability has Ceased to be Enforceable
2
No liability of a compensator under section 82 of the Social Security Administration Act 1992 shall become unenforceable by virtue of section 96(1)(c) of that Act during a period of three months commencing on the date this Order comes into force.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,Department of Social Security
26th April 1995


text:
1
This Order may be cited as the Asian Development Bank (Extension of Limit on Guarantees) Order 1995 and shall come into force on the day on which it is made.
2
The aggregate amount of the sums which may be paid out of money provided by Parliament under section 7(1)(a) of the Act shall not exceed £230,000,000.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
We approve,
Timothy Wood
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
25th May 1995


text:
Citation and commencement
1
These Regulations may be cited as the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 and shall come into force on 20th June 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1995 Order ” means the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 ;
“the 1974 Regulations ” means the Offshore Installations (Construction and Survey) Regulations 1974 ;
“the 1995 Regulations ” means the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 ;
“acoustic signal” means a coded sound signal which is released and transmitted by a device designed for that purpose, without the use of a human or artificial voice;
“concession owner” in relation to a fixed installation has the same meaning as in regulation 2(1) of the 1995 Regulations;
“duty holder” means —
in relation to a fixed installation, the operator; and
in relation to a mobile installation, the owner;
“emergency” means an emergency of a kind which can require evacuation, escape or rescue;
“emergency response” means action to safeguard the health and safety of persons on or near an installation in an emergency;
“evacuation” means the leaving of an installation and its vicinity, in an emergency, in a systematic manner and without directly entering the sea;
“ the Executive ” means the Health and Safety Executive;
“explosion” means unplanned explosion;
“fire” means unplanned or uncontrolled fire;
“fixed installation” means an installation other than a mobile installation;
“illuminated sign” means a sign produced by a device made of transparent or translucent materials which are illuminated from the inside or the rear in such a way as to give the appearance of a luminous surface;
“installation” means an offshore installation within the meaning of regulation 3 of the 1995 Regulations;
“major accident” has the same meaning as in regulation 2(1) of the Offshore Installations (Safety Case) Regulations 1992 ;
“mobile installation” means an installation (other than a floating production platform) which can be moved from place to place without major dismantling or modification, whether or not it has its own motive power;
“muster areas” shall be construed in accordance with regulation 14(1)(a);
“operator” in relation to —
a fixed installation means the person appointed by a concession owner to execute any function of organising and supervising any operation to be carried out by such installation or, where no such person has been appointed, the concession owner; and
a mobile installation means the person for whom the owner has agreed to carry out the operation concerned or, where no such person has been appointed, the concession owner;
“owner” in relation to a mobile installation means the person who controls the operation of the installation; and
“personal protective equipment” has the same meaning as in regulation 2(1) of the Personal Protective Equipment at Work Regulations 1992 .
2
Unless the context otherwise requires, any reference in these Regulations to —
a
a numbered regulation is a reference to the regulation in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Application
3
1
These Regulations shall apply —
a
in Great Britain, and
b
to and in relation to installations and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of articles 4(1) and (2)(b), 5 and 6 of the 1995 Order.
2
Regulations 4 to 22 shall not apply in relation to an installation which is in transit to or from a station; and an installation is not in transit to or from a station while it is being manoeuvred at the station.
General duty
4
1
The duty holder shall take appropriate measures with a view to —
a
protecting persons on the installation from fire and explosion; and
b
securing effective emergency response.
2
Any more detailed requirement in regulations 6 to 21 for the purposes referred to in paragraph (1) shall be without prejudice to the generality of paragraph (1).
Assessment
5
1
The duty holder shall perform, and thereafter repeat as often as may be appropriate a process (in this regulation called “an assessment”) described in paragraph (2) in relation to the installation.
2
An assessment shall consist of —
a
the identification of the various events which could give rise to —
i
a major accident involving fire or explosion; or
ii
the need (whether or not by reason of fire or explosion) for evacuation, escape or rescue to avoid or minimise a major accident;
b
the evaluation of the likelihood and consequences of such events;
c
the establishment of appropriate standards of performance to be attained by anything provided by measures for —
i
ensuring effective evacuation, escape, recovery and rescue to avoid or minimise a major accident; and
ii
otherwise protecting persons from a major accident involving fire or explosion; and
d
the selection of appropriate measures.
3
The duty holder shall —
a
record the assessment (including each repetition of it);
b
keep the record at an address in Great Britain; and
c
notify the Executive of such address.
Preparation for emergencies
6
1
The duty holder shall establish such appropriate organisation and arrange– ments as are to have effect in, or in anticipation of, an emergency and which shall include arrangements —
a
for command by competent persons which can be maintained, so far as is practicable, throughout an emergency;
b
for there to be a sufficient number of persons on the installation competent to undertake emergency duties and operate relevant equipment;
c
in the case of an installation on which personnel are present, for a sufficient number of such persons to be in attendance at the helicopter landing area during helicopter movements; and
d
for lists of persons referred to in sub–paragraphs (a), (b) and (c) above to be posted at suitable locations on the installation when persons are present.
2
The duty holder shall ensure that every person on the installation —
a
is provided with adequate instruction and training in the appropriate action to take in an emergency; and
b
can consult written information on the use of emergency plant.
Equipment for helicopter emergencies
7
The duty holder shall ensure that there is kept available near the helicopter landing area equipment necessary for use in the event of an accident involving a helicopter.
Emergency response plan
8
1
The duty holder shall, after consulting persons who are likely to become involved in emergency response, prepare and, as often as is appropriate, revise a document (in this regulation called “the emergency response plan”) containing sufficient information, for the guidance of such persons, on —
a
the organisation and arrangements which are to have effect in an emergency; and
b
procedures by way of emergency response to be followed in different circumstances.
2
The duty holder shall ensure that —
a
the emergency response plan is available to all persons on the installation; and
b
each person on the installation, and each person who may be called upon to assist in implementing the emergency response plan, are given such notification of its contents as is sufficient for them.
3
The duty holder shall ensure that the organisation, arrangements and procedures referred to in paragraph (1) are tested, by practice and otherwise, as often as may be appropriate.
4
Every person on the installation shall, in an emergency, so far as is practicable, conform to the appropriate procedure in the plan.
Prevention of fire and explosion
9
1
The duty holder shall take appropriate measures with a view to preventing fire and explosion, including such measures to —
a
ensure the safe production, processing, use, storage, handling, treatment, movement and other dealings with flammable and explosive substances;
b
prevent the uncontrolled release of flammable or explosive substances;
c
prevent the unwanted or unnecessary accumulation of combustible, flammable or explosive substances and atmospheres; and
d
prevent the ignition of such substances and atmospheres.
2
The measures to prevent ignition referred to in paragraph (1) shall include —
a
identifying and designating areas in which there is a risk of a flammable or explosive atmosphere occurring;
b
controlling the carrying on of hazardous activities in such areas;
c
ensuring that, save under procedures pursuant to sub–paragraph (b) above, no plant is used in such areas unless suitable for use within them; and
d
controlling the placing or use in such areas of electrical fixtures or other sources of ignition.
Detection of incidents
10
The duty holder shall take appropriate measures —
a
with a view to detecting fire and other events which may require emergency response, including the provision of means for —
i
detecting and recording accumulations of flammable or toxic gases; and
ii
identifying leakages of flammable liquids; and
b
with a view to enabling information regarding such incidents to be conveyed forthwith to places from which control action can be instigated.
Communication
11
1
The duty holder shall make appropriate arrangements —
a
for giving warning of an emergency, by audible and, where necessary, visual alarm systems, to all persons on the installation; and
b
for the purpose of emergency response, for communication between —
i
persons on the installation;
ii
the installation and persons not on it and engaged in activities in connection with it; and
iii
the installation and persons beyond it;
and shall ensure that, so far as is reasonably practicable, the arrangements are capable of remaining effective in an emergency.
2
Subject to paragraph (3), the duty holder shall ensure that —
a
an illuminated sign provided pursuant to paragraph (1)(a) is —
i
in the case of a warning of toxic gas, a red flashing sign; and
ii
in all other cases, a yellow flashing sign; and
b
an acoustic signal provided pursuant to paragraph (1)(a) is —
i
in the case of a warning to prepare for evacuation, a continuous signal of variable frequency;
ii
in the case of a warning of toxic gas, a continuous signal of a constant frequency; and
iii
in all other cases, an intermittent signal of a constant frequency.
3
Where an illuminated sign or acoustic signal is in lawful use immediately before the date of coming into force of these Regulations, but it does not meet the requirements of paragraph (2), it shall be sufficient compliance with that paragraph if a change to a sign or signal so complying is made before 20th December 1997.
Control of emergencies
12
The duty holder shall —
a
take appropriate measures with a view to limiting the extent of an emergency, including such measures to combat fire and explosion; and
b
shall ensure that —
i
where appropriate, those measures include provision for the remote operation of plant; and
ii
so far as is reasonably practicable, any arrangements made and plant provided pursuant to this regulation are capable of remaining effective in an emergency.
Mitigation of fire and explosion
13
The duty holder shall —
a
take appropriate measures with a view to protecting persons on the installation during an emergency from the effects of fire and explosion; and
b
ensure that, so far as is reasonably practicable, any arrangements made and plant provided pursuant to this regulation are capable of remaining effective in an emergency.
Muster areas etc.
14
1
The duty holder shall make appropriate provision for —
a
areas for persons to muster safely in an emergency (in these Regulations referred to as “muster areas”);
b
safe egress from accommodation and work areas, and safe access to muster areas, temporary refuge, and evacuation and escape points; and
c
safe evacuation and escape points.
2
The duty holder shall ensure that the muster areas, egress, access and evacuation and escape points referred to in paragraph (1) —
a
are kept unobstructed;
b
are provided with adequate emergency lighting; and
c
are marked by suitable signs,
and shall take appropriate measures to ensure that, so far as is reasonably practicable, the egress and access remain passable in an emergency.
3
The duty holder shall ensure that —
a
doors for use in an emergency —
i
open in the appropriate direction or, if this is not possible, are sliding doors; and
ii
are not so fastened that they cannot readily be opened by any person who may require to use them in an emergency; and
b
accommodation areas are provided at each level with at least two means of egress situated a proper distance apart.
4
The duty holder shall —
a
ensure that —
i
each person on the installation is assigned to a muster area; and
ii
for each muster area a list of names of persons assigned to it is kept up–to– date and displayed; and
b
establish procedures —
i
for mustering at such areas; and
ii
for accounting for persons.
Arrangements for evacuation
15
The duty holder shall ensure that such arrangements are made which include, to the extent necessary —
a
the provision of plant on the installation; and
b
such arrangements with suitable persons beyond the installation,
as will ensure, so far as is reasonably practicable, the safe evacuation of all persons and their being taken to a place of safety, or to a place from which they can be recovered and taken to a place of safety under arrangements made pursuant to regulation 17.
Means of escape
16
The duty holder shall provide such means as will ensure, so far as is reasonably practicable, the safe escape of all persons from the installation in case arrangements for evacuation fail.
Arrangements for recovery and rescue
17
The duty holder shall ensure that effective arrangements are made, which include such arrangements with suitable persons beyond the installation, for —
a
recovery of persons following their evacuation or escape from the installation; and
b
rescue of persons near the installation; and
c
taking such persons to a place of safety,
and for the purposes of this regulation arrangements shall be regarded as being effective if they secure a good prospect of those persons being recovered, rescued, and taken to a place of safety.
Suitability of personal protective equipment for use in an emergency
18
1
In relation to personal protective equipment which protects a person in an emergency against risks to his health and safety —
a
in conditions of fire, heat, smoke, fumes or toxic gas; or
b
in the event of his immersion in the sea,
the duty holder shall, for the purposes of the Personal Protective Equipment at Work Regulations 1992 , be treated as the only employer of all persons on the installation, and such persons shall be treated as only employed by him.
2
The duty holder shall ensure that there is prepared and operated a written scheme for the systematic examination and, where appropriate, testing, by a competent person, of the equipment referred to in paragraph (1) and for recording the results thereof.
Suitability and condition of plant
19
1
The duty holder shall ensure that all plant on the installation provided in compliance with these Regulations (other than aircraft, or equipment to which regulation 18 applies) —
a
is so constructed or adapted as to be suitable for the purpose for which it is used or provided; and
b
is maintained in an efficient state, in efficient working order and in good repair.
2
Without prejudice to the generality of paragraph (1) and subject to paragraph (3), the duty holder shall ensure that there is prepared and operated a suitable written scheme for the systematic examination, by a competent and independent person, of plant (other than aircraft, or equipment to which regulation 18 applies), provided —
a
in compliance with regulations 11(1)(a), 13, 15 and 16;
b
as means required to be provided by regulation 10 —
i
for detecting fire; and
ii
for detecting and recording accumulations of flammable gases; and
c
pursuant to the measures required by regulation 12 to combat fire and explosion,
and for recording results thereof.
3
A scheme prepared pursuant to paragraph (2) shall —
a
specify the nature and frequency of examination;
b
provide for an examination to be carried out, where appropriate, before plant is —
i
first used on the installation; and
ii
first used on the installation after modification or repairs (other than running repairs);
and it may make different provision for different plant or categories of plant.
4
In this regulation, reference to examination is reference to careful and critical scrutiny of plant, in or out of service as appropriate, using suitable techniques, including testing where appropriate —
a
to assess its suitability for the purpose for which it is used or provided;
b
to assess its actual condition; and
c
to determine any remedial measures that should be taken.
5
Subject to paragraph (6), reference in paragraph (2) to the suitability of the scheme is reference to its suitability for the purpose of discharging the duties specified in paragraph (1).
6
The scheme referred to in paragraph (2) need not provide for the examination, while a Certificate of Fitness is in force in relation to the installation, of any equipment, which was attached to or formed part of the installation at the time of a survey, if —
a
the equipment was included in the survey;
b
the survey found that the installation complied with Schedule 2 of the 1974 Regulations; and
c
a declaration of such survey was considered before the Certificate of Fitness was issued.
7
For the purpose of paragraph (2) a person is independent where, even though he may be employed by the duty holder, he is sufficiently independent of any other persons accountable to the duty holder for the discharge of his duties under these Regulations in respect of the installation to ensure that the discharge of his duty under the scheme will not be prejudiced.
8
In paragraph (6) “Certificate of Fitness”, “equipment” and “survey” have the same meaning as in regulation 2(1) of the 1974 Regulations.
Life–saving appliances
20
The duty holder shall ensure that survival craft, life–rafts, life–buoys, life–jackets and plant for like purposes —
a
are of such colour as will make them conspicuous when in use;
b
are (where applicable) suitably equipped; and
c
are kept available for immediate use in sufficient numbers.
Information regarding plant
21
The duty holder shall ensure that information, giving the location of —
a
areas in which there is a risk of a flammable or explosive atmosphere occurring;
b
non–automatic plant for fighting fire; and
c
plant to which regulations 18(1) and 20 apply (other than plant issued to particular persons),
is available to all persons on the installation.
Certificates of exemption
22
1
Subject to paragraph (2) and to any of the provisions imposed by the Communities in respect of the encouragement of improvements in the safety and health of workers at work, the Executive may, by a certificate in writing, exempt any person, installation or class of persons or installations 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 enactments 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.
Amendment of the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989
23
Regulation 23(2)(c) of the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989 shall be amended —
a
by deleting the word “and” after paragraph (ii); and
b
by adding the following paragraph:
and (iv) the arrangements for the appointment of persons referred to in regulation 6(1) of the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995
.
Amendment of the Offshore Installations (Safety Case) Regulations 1992
24
Regulation 8 of the Offshore Installations (Safety Case) Regulations 1992 shall be amended by adding, after paragraph (1), the following paragraph:
1A
The particulars required by paragraph (1) shall include a summary of the record kept pursuant to regulation 5(3) of the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995
.
Revocation
25
The instruments specified in column 1 of the Schedule hereto are hereby revoked to the extent specified in column 3 of the Schedule.
Signed by order of the Secretary of State.
Phillip Oppenheim
Parliamentary Under Secretary of State,
Department of Employment
23rd March 1995


text:
1
These Regulations may be cited as the Ministry of Defence Police (Police Committee) Regulations 1995 and shall come into force on 1st May 1995.
2
The Ministry of Defence Police (Police Committee) Regulations 1988 are hereby revoked.
Malcolm Rifkind
Secretary of State for Defence
23rd March 1995


text:
Title and commencement
1
This Order may be cited as the Specified Bovine Offal (Amendment) Order 1995 and shall come into force on 15th December 1995.
Amendment
2
1
The Specified Bovine Offal Order 1995 shall be amended in accordance with the following provisions of this Order.
2
In article 2 (interpretation) after paragraph (3) there shall be added the following paragraph —
4
In this Order the expression “mechanical means” does not include the use of hand held powered knives which do not use powered pressure or suction.
.
3
After article 4 (specified bovine offal for human consumption) the following articles shall be added:
Prohibitions applying to vertebral column
4A
1
No person shall use the vertebral column of a bovine animal in the recovery of meat by mechanical means.
2
No person shall use, in the preparation of food for sale for human consumption, any meat which has been recovered by mechanical means from the vertebral column of a bovine animal.
3
No person shall use the vertebral column of a bovine animal from which meat has been cut, to produce food other than fat or gelatin for sale for human consumption.
4
For the purposes of this article “vertebral column” means the whole or any part thereof and includes the sacrum but does not include the coccygeal vertebrae.
Registration of premises on which meat is recovered by mechanical means from bovine animals
4B
1
No person shall on any premises recover meat by mechanical means from a bovine animal unless his name and the address of those premises are registered with the appropriate Minister.
2
The appropriate Minister shall keep a register for the purposes of paragraph (1) above.
3
An application for registration shall be in writing and in such form and manner as the appropriate Minister may require.
4
The appropriate Minister shall refuse to register the name of any person in respect of any premises unless the following particulars are notified to him in writing:
a
the business name, if any;
b
the name and address of the person who carries on the business;
c
the address and telephone number of the business:
d
the address of each premises at which meat is recovered by mechanical means from a bovine animal in the course of the business.
5
Any person whose name is registered shall notify the appropriate Minister in writing of any change in the particulars previously notified to him within 14 days of any such change.
.
4
For article 21 (export) there shall be substituted the following article —
21
1
No person shall export from Great Britain to another member State —
a
specified bovine offal, or protein or tallow derived from specified offal, or
b
meat which has been recovered by mechanical means from the vertebral column of a bovine animal and is intended for human consumption,
except in accordance with a licence granted by the Minister.
2
In this article “vertebral column” has the same meaning as in article 4A(4) above.
.
5
In article 26 (transitional provisions), after paragraph (2) there shall be added the following paragraph —
3
Any requirement under this Order relating to the registration of premises for the mechanical recovery of meat from a bovine animal shall not operate until 31st January 1996.
.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
14th December 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
13th December 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
13th December 1995


text:
Citation and commencement
1
This Order may be cited as the Western Isles Islands Council (Various Harbours Jurisdiction and Byelaws) Harbour Revision Order 1995 and shall come into force on 1st August 1995.
Interpretation
2
In this Order —
“ the Council ” means the Western Isles Islands Council;
“harbour area” means an area —
the respective limits of which are specified in Part I of Schedule 1 to this Order, and includes harbour premises adjacent to such area; or
referred to in Part II of that Schedule;
“harbourmaster” means a person appointed by the Council to be a harbourmaster and includes the deputes and assistants of a person so appointed;
“harbour premises” means the quays, piers, landing places and all other works, land and buildings for the time being vested in or occupied or administered by the Council for the purposes of the undertaking;
“undertaking” means the harbour undertaking for the time being carried on by the Council;
“the 1937 Act ” means the Harbours, Piers and Ferries (Scotland) Act 1937 .
Harbour jurisdiction
3
The Council shall exercise jurisdiction as a harbour authority within the meaning of section 57 of the Harbours Act 1964, and the powers of the harbourmaster shall be exercised within the areas described in Part I of Schedule 1 to this Order.
Power to make byelaws
4
1
In their application to the harbours referred to in Part I of Schedule 1 to this Order —
a
section 11(1) of the 1937 Act and section 83 of the Harbours, Docks, and Piers Clauses Act 1847 shall be modified by substituting for the purposes therein specified the purposes specified in article 5 below;
b
section 11(2) of the 1937 Act shall be modified by substituting for the penalty therein specified the penalty specified in article 5(2) below; and
c
section 11(3) of the 1937 Act shall be modified by the omission of the proviso thereto.
2
The Council may from time to time make byelaws in accordance with article 5 below for the efficient management and regulation of any of the harbours referred to in Part II of Schedule 1 to this Order.
Purpose of byelaws
5
1
Byelaws may be made pursuant to article 4 above for the following purposes: —
a
regulating the use, operation and superintendence of a harbour area and the docks, berths, wharves, quays, piers, jetties, staiths, warehouses, sheds, landing places, locks, sluices, equipment, works and conveniences (including moorings) in such area;
b
regulating the admission to, and the movement within, and the departure of vessels from, a harbour area, or the removal of vessels,and for the good order and government of vessels whilst within such area;
c
regulating the shipping and unshipping, landing, warehousing, stowing, depositing and removing of goods, including marine creatures of any type, within a harbour area;
d
regulating the navigation, berthing and mooring of vessels within a harbour area and their speed and manner of navigation, and the use of tugs within such area;
e
preventing damage or injury to any vessels, goods, vehicles, plant, machinery, property or persons within a harbour area;
f
regulating the conduct of all persons in a harbour area not being members of a police force or officers or servants of the Crown whilst in the exercise of their duties;
g
regulating the placing and maintenance of moorings within a harbour area;
h
preventing and removing obstructions or impediments within a harbour area;
i
prohibiting or regulating the discharge or deposit of ballast, ashes, refuse, rubbish or other material (including any polluting liquid) into a harbour area;
j
regulating the use of ferries within a harbour area;
k
regulating in a harbour area the use of yachts, sailing boats, sailboards, rowing boats, pleasure craft and other small craft;
l
regulating the holding of regattas and other public events in a harbour area;
m
regulating or prohibiting the activities in a harbour area of divers, surfers, water skiers and other persons engaged in similar recreational pursuits but not so as to prohibit the use for navigation of the vessels referred to in sub-paragraph (k) above;
n
regulating the launching of vessels within a harbour area;
o
prohibiting persons working or employed in or entering a harbour area, or any part thereof, from smoking therein;
p
regulating or preventing the use of fires and lights within a harbour area, and within any vessels within a harbour area;
q
regulating the movement, speed and parking of vehicles within a harbour area;
r
regulating the use of any fish market provided by the Council and the conduct of persons working therein or resorting thereto, and for preventing nuisance or annoyance thereat;
s
regulating the exercise of the powers, vested in the harbourmaster;
t
making the carrying out of specified harbour operations, or the conduct of persons in a harbour area, subject to the approval (with or without conditions), control or direction of the harbourmaster, and for authorising him to take such action as may be reasonably required in default of compliance with any such condition, control or direction.
2
Byelaws made in accordance with article 4(2) above may provide for imposing upon any person, on his being summarily convicted of contravening or failing to comply with any byelaw under this article, a fine not exceeding level 4 on the standard scale.
3
Where the Secretary of State proposes to exercise the power conferred on him under subsection (10) of section 202 of the Local Government (Scotland) Act 1973 to confirm with modifications any byelaws submitted by the Council for confirmation and where the Secretary of State proposes to make a modification which appears to him to be substantial he shall inform the Council and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification, and shall not confirm the byelaws until such period has elapsed as he thinks reasonable for consideration of, and comment upon, the proposed modification by the Council and by other persons who have been informed of it.
Application of Harbours, Docks, and Piers Clauses Act 1847
6
Notwithstanding anything contained in the 1937 Act, section 83 (as extended by section 11 of the 1937 Act) and sections 86 to 88 and 90 of the Harbours, Docks, and Piers Clauses Act 1847 shall not apply to that part of the undertaking carried on at the harbour areas referred to in Part II of Schedule 1 to this Order.
For protection of Scottish Hydro-Electric PLC
7
For the protection of Scottish Hydro-Electric PLC the following provisions shall, save to the extent that the company may release the Council therefrom, apply and have effect: —
1
In this article, unless the subject or context otherwise requires —
“apparatus” means any electrical plant or electric line as respectively defined in section 64 of the Electricity Act 1989 in or adjoining any of the relevant harbour areas;
“the company” means Scottish Hydro-Electric PLC;
“in” in a context referring to apparatus includes under, over, across, along or upon;
“position” includes depth;
“relevant harbour areas” means the areas over which the Council exercise jurisdiction under article 3 above adjoining Kyles Scalpay Terminal, Ludaig Jetty, Vatersay Causeway Slip East and Vatersay Causeway Slip West.
2
a
Before exercising the powers of paragraph (b) of section 9 of the 1937 Act above, at, over, under, or near to any apparatus the Council shall give to the company not less than 28 days' notice in writing of their intention so to do, stating the position of the proposed operation and shall furnish such particulars with respect thereto as the company may reasonably require;
b
if within 21 days of receipt of such notice as is provided for by the preceding paragraph the company notify the Council in writing of the need to take measures of which the company shall be sole judge to protect apparatus from possible harm caused by the proposed operation and specify the reasonable requirements subject to which the proposed operation may be carried out, the Council shall —
i
carry out such operation only in accordance with such requirements;
ii
pay to the company the expenses reasonably incurred by them in and in connection with the carrying out of any of the said protective measures;
c
nothing in this Order or in the said section 9 of the 1937 Act shall relieve the Council from liability for damage caused by them to any apparatus in the exercise of the powers conferred on them by that section and the Council shall indemnify the company against all claims, demands, costs, damages and expenses not otherwise provided for in this article which may be made or taken against or recovered from or incurred by the company by reason or in consequence of the exercise of the powers of that section, or any act or omission of the Council in or in connection with such exercise.
3
The Council and their harbourmaster shall exercise the powers conferred by this Order and by the 1937 Act and any other statutory powers of a harbour authority or their harbourmaster in such a way as not to interfere unreasonably with access by the company to their apparatus for the purpose of inspection, maintenance, alteration or reconstruction.
4
Nothing in this Order shall authorise the Council to charge any ship, passenger or goods dues as defined in the Harbours Act 1964, in respect of any vessel entering a relevant harbour area solely for the purpose of inspecting, maintaining, altering or reconstructing apparatus.
5
a
Any difference arising between the Council and the company under this article shall be referred to and determined by an arbiter to be mutually agreed upon, or failing such agreement to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Electrical Engineers;
b
in settling any difference under this article the arbiter shall have regard to any duties or obligations which the company may be under in respect of any apparatus and may if he thinks fit require the Council to execute any temporary or other works so as to avoid so far as may be reasonably possible interference with any purpose for which the apparatus is used.
Amendment of Orders of 1980
8
1
Section 3 of the Ardveenish Harbour Order 1980 is amended by substituting for the word “82” the word “90”.
2
Section 3 of the Breasclete Harbour Order 1980 is amended by substituting for the word “82” the word “90”.
Repeals
9
The enactments specified in column (1) of Schedule 2 to this Order are repealed to the extent specified in respect of each of them in column (2) of that Schedule.
Raymond Robertson
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
28th July 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Supplies Authority (Transfer of Trust Property) Order 1995 and shall come into force on 18th October 1995.
2
In this Order —
“the first Authority” means the Northern and Yorkshire Regional Health Authority;
“the second Authority” means the National Health Service Supplies Authority;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the first Authority and the second Authority on 25th April 1995, which schedule has been signed on behalf of both the first Authority and the second Authority.
Transfer of trust property
2
On 18th October 1995 the trust property shall be transferred from the first Authority to the second Authority.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
20th September 1995


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Clun) Designation (Amendment) Order 1995 and shall come into force on 28th February 1995.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Clun) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions of this Order.
4
In article 2, paragraph 1 of the principal Order, the definition of “managed woodland” shall be deleted.
Rates of payment under agreement
5
In article 6 of the principal Order —
1
in paragraph (1), for the amount “£8”, there shall be substituted the amount “£10”;
2
in paragraph (2) —
a
the figure “6”, where it first appears, shall be deleted;
b
in the table —
i
in the left hand column, the words “Schedule 6” shall be deleted;
ii
in the right hand column, on the corresponding line, the figure “25” shall be deleted;
3
for paragraph (3), there shall be substituted the following paragraph —
3
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the operations included in the plan, subject to a maximum of £20,000 for each agreement.
.
Amendment to Schedules
6
1
Schedule 6 to the principal Order shall be deleted.
2
In Schedule 8, paragraph 1 to the principal Order —
a
the word “traditional”, where it first appears, shall be deleted;
b
the words “methods and” shall be deleted.
Saving
7
1
Article 5(1) of this Order shall not apply in respect of any annual payment to a farmer which relates wholly or in part to any period before 1st April 1995.
2
Articles 4, 5(2) and 6(1) of this Order shall not apply in relation to any agreement made on or before the date on which this Order comes into force.
Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
26th January 1995
We consent
Timothy Kirkhope
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd January 1995


text:
1
The lengths of the trunk road described in the Schedule to this Order and shown by a broken line on the plan shall cease to be trunk road and shall be classified as principal road as from the date when this Order comes into force.
2
In this Order- —
a
all measurements of distance are measured along the route of the relevant highway;
b
i
“the plan”
means the plan numbered HA10/2WM 152, marked “The A5 Trunk Road (Priorslee — Gailey) (Detrunking) Order 1995”, 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;
ii
“principal road”
as a classification for a highway, means that the high-way is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road”
means the London — Holyhead Trunk Road (A5).
3
This Order shall come into force on 1st April 1995 and may be cited as the A5 Trunk Road (Priorslee — Gailey) (Detrunking) Order 1995.
Signed by authority of the Secretary of State for Transport
W S C Wadrup
Director Network Management West Midlands
The Highways Agency
24th February 1995


text:
Citation and commencement
1
This Order may be cited as the Oswestry Light Railway Order 1995 and shall come into force on 29th July 1995.
Interpretation
2
1
In this Order, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them: —
“the Board” means the British Railways Board;
“the deposited plan” means the plan deposited in respect of the application for this Order with the Secretary of State for Transport, a copy of which may be inspected at the registered office of the Society;
“the lease” means any lease granted by the Board to the Society under article 5 (Leasing or transfer of railway) of this Order, any extension of the said lease or any new lease of the railway granted by the Board to the Society;
“the railway” means the railway described in Schedule 1 to this Order;
“the Society” means the Cambrian Railways Society Limited, incorporated under the Companies Acts 1948 to 1967 and having its registered office at Oswald Road, Oswestry, Shropshire.
2
In this Order, all distances, lengths, measurements and directions stated in any descriptions of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement and direction, and distances between points on a railway shall be taken to be measured along the railway.
Incorporation and application of enactments
3
1
The following provisions shall apply to the railway: —
Regulation of Railways Act 1868 —
Section 22 (means of communication between passengers and railway servants);
Regulation of Railways Act 1889 —
Section 1 (power to order certain provisions to be made for public safety); and
Section 5 (penalty for avoiding payment of fare).
2
In its application to the railway section 22 of the Regulation of Railways Act 1868 shall have effect as if the words “and travels more than 20 miles without stopping” were omitted.
Power to work railway
4
As from the coming into force of this Order and during the currency of the lease or from the operative date of any transfer under the provisions of article 5 of this Order the Society may work the railway as a light railway under the Act and in accordance with the provisions of this Order.
Leasing or transfer of railway
5
1
The Board may lease the railway or any part thereof to the Society together with the rights, powers and privileges vested in the Board and relating to the railway on such terms and conditions as may be agreed between the Board and the Society.
2
The Board and the Society may also enter into and carry into effect agreements providing for the transfer to and vesting in the Society of the railway or any part thereof.
Transfer of rights, etc. to the Society
6
1
The Society shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations of the Board, whether statutory or otherwise for the time being in force in respect of the railway or such parts thereof as are leased or transferred as aforesaid (insofar as the same are still subsisting and capable of taking effect) to the intent that (subject to paragraph (2) of this article) the Board shall be released from all such obligations.
2
Paragraph (1) of this article shall have effect during the currency of the lease and from the operative date of any transfer under the provisions of article 5 of this Order.
Coney Green level crossing
7
1
The following provisions of this article and the provisions of Schedule 2 to this Order shall have effect at all times when the Society are entitled pursuant to this Order to work the railway.
2
The Society shall maintain the existing Coney Green level crossing where the footpath between the points marked A and B on the deposited plan is crossed by the railway.
3
The Society shall not operate the railway until they have provided in relation to the said level crossing the safety devices specified in Schedule 2 to this Order and the Society shall maintain the said devices, and shall observe the other requirements contained in the said Schedule.
4
The Society shall maintain the footway forming part of the said level crossing in a good state of repair.
5
Notwithstanding anything in any enactment, the Society shall not be required to erect or maintain a station or lodge at the said level crossing.
Gauge of railways and motive power
8
1
The railway shall be operated on a nominal gauge of 1.435 metres (4 feet 8 inches) and the motive power shall be steam, diesel, diesel-electric, internal combustion, electric battery, or such other motive power as the Secretary of State may approve.
2
Nothing in this Order shall authorise the Society to use electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.
3
If electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984) or with telecommunication by means of any such apparatus.
Conveyance of passengers
9
No part of the railway shall be used for the conveyance of passengers without the prior written permission of the Secretary of State.
For the protection of sewerage and water undertakers
10
1
For the protection of sewerage and water undertakers (in this article referred to as “the undertakers”) the following provisions shall, unless otherwise agreed in writing between the Society and the undertakers concerned, apply and have effect.
2
In this article, “relevant pipe” in relation to any of the undertakers has the meaning given in section 179(7) of the Water Industry Act 1991 .
3
Nothing in section 18 of the Railways Clauses Consolidation Act 1845 in its application to the railway shall authorise the Society to raise, sink or otherwise alter the position of, or in any way interfere with, any relevant pipe without the consent in writing of the undertaker concerned, such consent not to be unreasonably withheld.
4
Where any relevant pipe is situated in or under any land owned or held for the purpose of the railway the Society shall at their own expense maintain all culverts over such relevant pipe which are in existence at the coming into force of this Order so as to leave the relevant pipe accessible for the purpose of repairs: Provided that nothing in this paragraph shall have the effect of requiring the Society to carry out works of maintenance in respect of any culvert which the undertakers or any other person are liable to maintain.
5
The Society shall afford reasonable facilities to the undertakers for the execution and doing of all such works and things as may be reasonably necessary to enable them to inspect, repair, maintain, renew, replace, remove, alter or use any relevant pipe.
6
The Society shall compensate the undertakers: —
a
for any damage done or disturbance caused to any relevant pipe; and
b
for any other expenses, loss, damages, penalty or costs incurred by the undertakers,
by reason or in consequence of the execution, maintenance, user or failure of any of the works authorised by this Order or otherwise by reason or in consequence of the exercise by the Society of the powers of this Order.
7
a
Nothing in the foregoing paragraph shall entitle the undertakers to any payment in respect of damage attributable to the neglect or default of the undertakers, their servants or agents.
b
Nothing in this Order shall prejudice or affect the rights of the undertakers in respect of any relevant pipe or the provisions of any agreement regulating the relationship between the Society and the undertakers with regard to any relevant pipe and whether made before or after this Order comes into force.
8
The provisions of the Railways Clauses Consolidation Act 1845 applying to the railway shall be subject to the provisions of this article.
9
Any difference arising between the Society and the undertakers under this article shall be referred to and settled by a single arbitrator to be agreed between the parties, or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President for the time being of the Institution of Civil Engineers.
Signed by authority of the Secretary of State for Transport
R. A. Allan
An Under Secretary,
Department of Transport
28th July 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemptions) (Police Authorities) Order 1995 and shall come into force on 26th January 1996.
2
In this Order “police authority” means —
a
a police authority constituted under section 3 of the Police Act 1964 , and
b
the Common Council of the City of London in its capacity as a police authority.
Legal Services
2
The provision of legal services by a police authority shall not be treated as a defined activity so long as it consists of legal work carried out in connection with any of the following:
a
investigation or prosecution of a criminal offence;
b
handling a complaint in pursuance of Part IX of the Police and Criminal Evidence Act 1984 ;
c
proceedings in relation to a disciplinary offence, or unsatisfactory performance, by a member of a police force;
d
the discharge of a constable during or at the end of his period of probation;
e
the discharge of the functions of any constable or chief officer of police in pursuance of any enactment or instrument mentioned in Schedule 1 to this Order.
Construction and property services
3
The provision of construction and property services by a police authority shall not be treated as a defined activity so long as it consists of the giving of advice in relation to the design, improvement or refurbishment of any premises for the purposes of —
a
preventing crime in and in the neighbourhood of those premises;
b
enhancing the security of such premises, or
c
securing the safety of any persons.
Works contracts
4
1
The provision of legal services shall not be treated as a defined activity so long as it is carried out in pursuance of a works contract by a defined authority for a police authority before the date specified in relation to that police authority in Schedule 2.
2
The provision of construction and property services shall not be treated as a defined activity so long as it is carried out in pursuance of a works contract by a defined authority for a police authority before the date specified in relation to that police authority in Schedule 3.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
11th December 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
14th December 1995


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Authorities (Discretionary Expenditure Limits) (England) Order 1995 and shall come into force on 1st April 1995.
2
This Order applies to local authorities in England only.
Expenditure limits
2
For the purposes of section 137(4)(a) of the Local Government Act 1972, there is hereby specified the sum of£3.80 in relation to —
a
a county council which is also exercising the functions of a district council pursuant to an order made under section 17 of the Local Government Act 1992 (“a structure change order”); and
b
a district council which is also exercising the functions of a county council pursuant to a structure change order.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
9th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the River Arkaig, Loch Arkaig and Associated Waters Protection Order 1995 and shall come into force on 1st January 1996.
2
In this Order —
“freshwater fish” has the same meaning as in section 24(1) of the Salmon and Freshwater Fisheries (Protection) (Scotland) Act 1951 ; and
“the map” means the map marked “Area of the River Arkaig, Loch Arkaig and Associated Waters Protection Order 1995”, signed on behalf of the Secretary of State for Scotland and deposited in the office of the Scottish Office Agriculture, Environment and Fisheries Department, Pentland House, Robb’s Loan, Edinburgh.
Prohibition of fishing
2
Fishing for, or taking, freshwater fish in the inland waters in the area prescribed in article 3 hereof without legal right or without written permission from a person having such right is hereby prohibited.
Prescribed area
3
The prescribed area, which lies in Highland Region, is that part of the catchment area of the River Arkaig comprising —
a
the River Arkaig and Loch Arkaig and their respective banks; and
b
Alt Arcabhi, Loch a Bhlair and Lochan Dubh and their respective banks,
and is delineated by a continuous blue line on the map.
D R Dickson
Assistant Secretary, Scottish Office
Scottish Office Agriculture,
Environment and Fisheries Department,
Chesser House West,
Edinburgh
6th October 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Surrey Learning Disability and Mental Health Service National Health Service Trust (Change of Name) Order 1995 and shall come into force on 17th September 1995.
2
In this Order unless the context otherwise requires —
“ the Order ” means the East Surrey Learning Disability and Mental Health Service National Heath Service Trust (Establishment) Order 1994 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the East Surrey Priority Care National Health Service Trust instead of the East Surrey Learning Disability and Mental Health Service National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for the words “East Surrey Learning Disability and Mental Health Service” there shall be substituted the words “East Surrey Priority Care”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all other documents and instruments which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
7th September 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lancashire Ambulance Service National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 15th March 1995.
2
In this Order —
“the Authority” means the North West Lancashire Health Authority;
“the Trust” means the Lancashire Ambulance Service National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 11th November 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 15th March 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
15th February 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) Amendment (No. 2) Regulations 1995 and shall come into force on 6th April 1995.
2
In these Regulations, “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 7 (lower and upper earnings limits for Class 1 contributions) —
a
for the date “6th April 1994” there shall be substituted the date “6th April 1995”; and
b
for the sums “£57” and “£430” there shall be substituted respectively the sums “£58” and “£440”.
3
In sub-paragraphs (a) and (b) of regulation 115(1) (reduction of rate of Class 1 contributions payable in respect of earnings of serving members of the forces) for the figure “0.5” in each place where it appears there shall be substituted the figure “0.4”.
4
In regulation 123D(1)(b) (special provisions as to volunteer development workers) for “5.6 per cent.” there shall be substituted “5 per cent.”.
Signed by authority of the Secretary of State for Social Security.
James Arbuthnot
Parliamentry Under-Secretary of State,
Department of Social Security
10th March 1995


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment Regulations 1995 and shall come into force on 21st December 1995.
Amendment of the National Health Service (General Dental Services) Regulations 1992
2
The National Health Service (General Dental Services) Regulations 1992 shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 2
3
In regulation 2 (interpretation), in paragraph (1), after the definition of “supply” there shall be inserted —
“suspended by direction of the Tribunal” means suspended as respects the provision of general dental services to patients by a direction of the Tribunal made pursuant to section 49A(2) or section 49B(1) of the Act or to any provisions in force in Scotland or Northern Ireland corresponding to those provisions;
,
Amendment of regulation 4
4
In regulation 4 (dental list), in paragraph (1)(a), for “47(1) or 48(b)” there shall be susbstituted “47(1), 48(b), 49A(3), 49B(1) or 49D(2) ”.
Amendment of regulation 5
5
In regulation 5 (application for inclusion in the dental list), in paragraph (1)(a)(i), for “5A and 11” there shall be substituted “5A, 11 and 14”.
Amendment of regulation 8
6
In regulation 8 (removal from dental list), in paragraph (5) —
a
at the end of sub-paragraph (ii), “or” shall be omitted; and
b
at the end of sub-paragraph (iii) there shall be inserted —
; or
iv
the dentist was suspended by direction of the Tribunal.
.
Amendment of regulation 13
7
1
Regulation 13 (transfer of continuing care and capitation arrangements) shall be amended as follows.
2
In paragraph (1) —
a
for “paragraph (2)” there shall be substituted “paragraphs (2) and (3)”; and
b
after “ceases to have his name on the dental list” there shall be inserted “or is suspended by direction of the Tribunal”.
3
After paragraph (2) there shall be inserted —
3
Where a suspension by direction of the Tribunal ceases to have effect and the suspended dentist continues to be included in the dental list, the FHSA shall make arrangements for any continuing care arrangements or capitation arrangements transferred under paragraph (1) which are still in force (including any such arrangement which has been extended under paragraph 8 or 9 of Schedule 1) to be transferred back to the original dentist, subject to the agreement of the patients concerned.
.
Amendment of regulation 24
8
In regulation 24 (entitlement to payments), in paragraph (4) —
a
at the end of sub-paragraph (f), “or” shall be omitted; and
b
at the end of sub-paragraph (g) there shall be inserted —
; or
during which he is suspended by direction of the Tribunal.
.
Payments to dentists suspended by direction of the Tribunal
9
After regulation 28, there shall be inserted the following new Part —
PART VA
PAYMENTS IN CONSEQUENCE OF SUSPENSION BY THE TRIBUNAL
Payments to dentists suspended by direction of the Tribunal
28A
1
The Board shall make payments to any dentist who is suspended by direction of the Tribunal in accordance with the Secretary of State’s determination for the time being in force in relation to such payments.
2
The Secretary of State shall make the determination in accordance with paragraphs (3) and (4) after consultation with the organisation referred to in regulation 19(1) and it shall be published with the Statement referred to in regulation 19(2).
3
Subject to paragraph (4), the Secretary of State’s determination shall be such as to secure that, as far as reasonably practicable, and after making adjustments for any reduction in expenses, the suspended dentist receives payments at a rate corresponding to his remuneration by virtue of regulation 19 during the 12 months ending with the direction for suspension by the Tribunal.
4
The Secretary of State’s determination may include provision that payments in accordance with the determination are not to exceed a specified amount in any specified period.
5
In a case to which section 49B(3) of the Act applies, the determination shall be reduced to take account of any payments which the suspended dentist receives for providing general dental services other than as a principal.
6
Regulation 19(3) shall apply to determinations under this regulation as it applies to determinations under that regulation.
7
Regulation 28 shall apply to payments made under this Part as it applies to payments made under Part V.
.
Amendment of Schedule 1
10
1
Schedule 1 (terms of service for dentists) shall be amended as follows.
2
In paragraph 8 (duration of a continuing care arrangement) —
a
at the end of sub-paragraph (2)(b)(i) “or” shall be omitted; and
b
at the end of sub-paragraph (2)(b)(ii) there shall be inserted —
; or
iii
the dentist is suspended by direction of the Tribunal and the FHSA does not within the period of 1 month beginning with the date of the Tribunal’s direction arrange for it to be transferred to another dentist under regulation 13.
.
3
In paragraph 9 (duration of a capitation arrangement) —
a
at the end of sub-paragraph (2)(b)(ii) “or” shall be omitted; and
b
at the end of sub-paragraph (2)(b)(iii) there shall be inserted —
; or
iv
the dentist is suspended by direction of the Tribunal and the FHSA does not within the period of 1 month beginning with the date of the Tribunal’s direction arrange for it to be transferred to another dentist under regulation 13.
.
4
In paragraph 35 (deputies and assistants) —
a
in sub-paragraph (10), “47(1) or 48(b)” shall be omitted; and
b
after sub-paragraph (10) there shall be inserted the following sub-paragraph —
10A
A dentist shall not employ as a deputy or assistant for the purpose of the provision of general dental services any dentist —
a
who, having been disqualified under section 46(2)(b) of the Act (or under any corresponding provision in force in Scotland or Northern Ireland) from inclusion in the dental list of any FHSA (or, in Scotland or Northern Ireland, of a Health Board), is also the subject of a declaration under section 46(2)(c) of the Act (or any corresponding provision in force in Scotland or Northern Ireland) that he is not fit to be engaged in any capacity in the provision of general dental services; or
b
who is suspended by direction of the Tribunal, other than is a case falling within section 49B(3) of the Act.
.
Amendment of Schedule 2
11
In Part 1 of Schedule 2 (information and undertaking to be included in an application for inclusion in the dental list), after paragraph 13, there shall be inserted —
14
Whether he has been suspended by the Tribunal.
.
Stephen Dorrell
Secretary of State for Health
30th November 1995


text:
Citation and commencement
1
These Regulations may be cited as the Betting and Gaming Duties (Payment) Regulations 1995 and shall come into force on 1st August 1995.
General betting duty
2
The General Betting Duty Regulations 1987 shall be amended as follows —
a
in regulation 2(1) the definition of “Collector” shall be omitted;
b
for regulation 2(2) there shall be substituted —
2
In these Regulations any reference to a form —
a
prescribed in the Schedule to these Regulations, or
b
specified in a notice published by the Commissioners,
includes a reference to a form to the like effect which has been approved by the Commissioners.
;
c
in regulation 6(1) for the word “Collector” there shall be substituted “Commissioners”;
d
in regulation 6(2) for the words “the form numbered 1 in the Schedule to these Regulations” thee shall be substituted “such form as the Commissioners specify in a notice published by them and not withdrawn by a further notice”;
e
in regulation 6(3) —
i
for the words “of making” there shall be substituted “he is required to make”, and
ii
for the word “Collector” there shall be substituted “Commissioners”; and
f
in the Schedule the form numbered 1 shall be omitted.
Bingo duty
3
The Bingo Duty Regulations 1988 shall be amended as follows —
a
in regulation 2(1) the definition of “Collector” shall be omitted;
b
for regulation 2(2) there shall be substituted —
2
In regulation 11(2) below, the reference to a form specified in a notice includes a reference to a form to the like effect which has been approved by the Commissioners.
;
c
in regulation 11(1) for the word “Collector” there shall be substituted “Commissioners”;
d
in regulation 11(2) for the words “Collector in the form set out in the Schedule to these Regulations” there shall be substituted “Commissioner in such form as they specify in a notice published by them and not withdrawn by a further notice”;
e
in regulation 11(3) —
i
for the words “of making” there shall be substituted “he is required to make”, and
ii
for the word “Collector” there shall be substituted “Commissioners”; and
f
the Schedule shall be omitted.
Gaming licence duty
4
The Gaming Licence Duty Regulations 1991 shall be amended as follows —
a
in regulation 2(1) the definition of “Collector” shall be omitted;
b
after regulation 2(2) there shall be inserted —
3
Where these Regulations require any application or return to be made, that application or return shall be made to the Commissioners at such place as, in accordance with section 116 of the Customs and Excise Management Act 1979 , they have directed that gaming licence duty shall be paid.
;
c
in regulation 4 the words “through the Collector” shall be omitted;
d
in regulations 6(1), 7(1) and 8(1) for the word “Collector”, in each case, there shall be substituted “Commissioners”; and
e
for the forms in the Schedule there shall be substituted the forms in the Schedule to these Regulations.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
16th June 1995