text:
1
This Order may be cited as the London South Circular Trunk Road (A205) (Catford Hill, Lewisham) (Prescribed Routes) Order 1995 and shall come into force on 25th September 1995.
2
In this Order
“Catford Hill” means that length on the London South Circular Trunk Road (A205) in the London Borough of Lewisham known as Catford Hill;
“the Wickes site access road” means the road leading to a development site from Catford Hill at a point 45 metres south-west of the junction of Ravensbourne Park with Catford Hill; and
“refuge island” means the triangular island in the Wickes site access road at its junction with Catford Hill.
3
Every person causing any vehicle to proceed north-westwards in the Wickes site access road shall cause that vehicle on reaching its junction with Catford Hill to turn left.
4
No person shall cause or permit any vehicle proceeding north-westwards in the Wickes site access road to enter Catford Hill otherwise than by keeping the refuge island on the right or offside of the vehicle.
5
No person shall cause or permit any vehicle proceeding south-westbound in Catford Hill to enter the Wickes site access road otherwise than by keeping the refuge island on the right or off side of the vehicle.
6
No person shall cause or permit any vehicle proceeding north-eastbound in Catford Hill to make a right turn so as to enter the Wickes site access road.
7
Nothing in this Order shall apply to —
a
anything done with the permission or at the direction of a constable in uniform or of a traffic warden; or
b
any person who causes any vehicle to proceed in accordance with any restriction or requirement indicated by traffic signs placed pursuant to section 66 or 67 of the Road Traffic Regulation Act 1984.
Signed by authority of the Secretary of State for Transport
R. T. Thorndike
Director Highways Agency London Network Management Division
18th September 1995


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Lake District) 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 (Lake District) 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 sub-paragraph (1)(b), for the amount “£38”, there shall be substituted the amount “£45”;
2
in paragraph (2) —
a
the words “or in Schedule 3” shall be deleted;
b
in the table, in the right hand column —
i
for the figure “210”, there shall be substituted the figure “200”;
ii
for the figure “80”, there shall be substituted the figure “70”;
c
in the table —
i
in the left hand column, the words “Schedule 3” shall be deleted;
ii
in the right hand column, in the corresponding line, the figure “25” shall be deleted;
3
in paragraph (3), for the amount “£3”, there shall be substituted the amount “£3.50”;
4
after paragraph (3), there shall be inserted the following paragraph:
3A
Where an agreement includes a requirement to add top-wiring to specified walls, the Minister shall also make payments at a rate of £1 per metre of wall to which top-wire has been added.
;
5
for paragraph (4), there shall be substituted the following paragraph:
4
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 3 to the principal Order shall be deleted.
2
In Schedule 5 to the principal Order, in paragraph 4, the word “traditional”, where it first appears, shall be deleted.
Saving
7
1
Article 5(1), (2)(b) and (3) 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)(a), 5(2)(c) 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
These Regulations may be cited as the Child Support Commissioners (Procedure) (Amendment) Regulations 1995 and shall come into force on 4th December 1995.
2
After regulation 23 of the Child Support Commissioners (Procedure) Regulations 1992 , there shall be inserted the following regulation —
Delegation of functions to nominated officers
23A
1
All or any of the following functions of a Commissioner may be exercised by a nominated officer, that is to say:
a
giving directions under regulation 7(1) and (2) (directions on notice of appeal);
b
granting leave under regulation 9 to the Secretary of State to intervene in an appeal;
c
making any direction under regulation 10(1), (2) and (3) (other directions);
d
making orders for oral hearings under regulation 11(2) and (3);
e
summoning witnesses under regulation 14(1) and (2) and setting aside under regulation 14(3) a witness summons made by a nominated officer;
f
ordering the postponement of oral hearings under regulation 15(1);
g
giving leave for the withdrawal of any appeal under regulation 16(2);
h
making any order for the extension or abridgement of time, or for expediting the proceedings, under regulation 23(2)(a), (b) and (c).
2
Any party may, within 10 days of being given the decision of the nominated officer, in writing request a Commissioner to consider, and confirm or replace with his own, that decision, but such a request shall not stop the proceedings unless so ordered by the Commissioner.
3
In this regulation, “nominated officer” means an officer authorised by the Lord Chancellor (or, in Scotland, by the Secretary of State) in accordance with paragraph 4A of Schedule 4 to the Act.
.
Mackay of Clashfern, C.
10th November 1995


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Saithe (Specified Sea Areas) (Prohibition of Fishing) Order 1995 and shall come into force on 14th December 1995.
2
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom, the Isle of Man or any of the Channel Islands or which, not being so registered, is British-owned;
“length”, in relation to a boat, means the length calculated in accordance with the rules specified in Article 2(1) of Council Regulation ( EEC ) No. 2930/86 defining characteristics for fishing vessels as amended ;
“sea area” means a statistical division or sub-area of the International Council for the Exploration of the Sea specified in the Schedule hereto.
Prohibition
2
1
Subject to paragraph (2) below, fishing:
a
by any British fishing boat registered in the United Kingdom within any part of a sea area; or
b
by any other British fishing boat within any part of a sea area which lies within British fishery limits
for saithe (Pollachius virens) in sea areas ICES Statistical Divisions IIa, IIIa, IIIb, c and IIId and Statistical Sub-Area IV is prohibited during the period beginning with the date of coming into force of this Order and ending immediately before 1st January 1996.
2
The prohibition in paragraph (1) above shall not apply to any boat whose length exceeds 10 metres, except in the case of any boat when used for the purpose of conveying persons wishing to fish for pleasure.
Powers of British sea-fishery officers in relation to fishing boats
3
1
For the purpose of the enforcement of this Order a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
anywhere in relation to any British fishing boat registered in the United Kingdom, and
b
in any waters adjacent to the United Kingdom and within British fishery limits in relation to any other British fishing boat.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
6th December 1995
Raymond Robertson
Parliamentary Under Secretary of State, Scottish Office
8th December 1995
Signed by authority of the Secretary of State for Wales
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
13th December 1995
Denton of Wakefield
Parliamentary Under Secretary of State, Northern Ireland
7th December 1995


text:
Title and commencement
1
This Scheme may be cited as the Farm and Conservation Grant (Variation) Scheme 1995 and shall come into force on 15th May 1995.
Variation of the principal Scheme
2
The Farm and Conservation Grant Scheme 1989 shall be further varied in accordance with the following paragraphs of this Scheme.
3
In paragraph 3(1) (payment of grants), after sub-paragraph (a)(vi) there shall be inserted the following sub-paragraph: —
vii
on or after 15th May 1995 in respect of any work, facility or transaction of a kind specified in paragraphs 9C or 9D in column 1 of Schedule 1;
.
4
In paragraph 5 (amounts of grant), in sub-paragraphs (1) and (4), for the words “paragraphs 1 to 9B” there shall be substituted the words “paragraphs 1 to 9D”.
5
In Schedule 1 (Eligible works, facilities and transactions and rates of grant) —
a
after paragraph 9B, there shall be inserted the following paragraphs: —
9C
Enclosure with stockproof fencing of land which is the subject of management obligations under the Habitat (Water Fringe) (Wales) Regulations 1994 or the Habitat (Coastal Belt) (Wales) Regulations 1994 where the Secretary of State —
a
has accepted an application for aid under either of those Regulations from the claimant for grant under this Scheme; or
b
has accepted an undertaking under regulation 6(1) of either of those Regulations to comply with the management obligations relating to that land from the claimant for grant under this Scheme.
40 40
9D
Where the Secretary of State for Scotland has accepted from the claimant for grant under this Scheme an application for aid under regulation 7 of the Habitats (Scotland) Regulations 1994 in respect of a waterside habitat site within the meaning of Schedules 1 and 6 of those Regulations, enclosure of that site with stockproof fencing.
40 40
;
b
in paragraph 10, for the words “paragraphs 1 to 9B” there shall be substituted the words “paragraphs 1 to 9D”.
Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
20th March 1995
Signed by the authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
21st March 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
17th March 1995
We approve,
T J R Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd March 1995


text:
PART I
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Service Committees and Tribunal) Amendment Regulations 1995 and shall come into force on 21st December 1995.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Service Committees and Tribunal) Regulations 1992 .
PART II
CONSTITUTION OF TRIBUNAL
Tenure of office of members of Tribunal
2
1
Regulation 22 of the principal Regulations (tenure of office of chairman and member of Tribunal) shall be amended as follows.
2
In paragraph (1), after “chairman” there shall be inserted “and deputy chairmen”.
3
For paragraph (2) there shall be substituted —
2
The other members of the Tribunal shall hold office during the pleasure of the Secretary of State.
.
Tenure of office of officers of Tribunal
3
In regulation 23 of the principal Regulations (officers of the Tribunal), after “appoint” there shall be inserted “the following persons, who shall hold office during the pleasure of the chairman”.
Decisions of Tribunal
4
In each of regulation 26(3) (inquiry as to representations) and regulation 29(6) (applications for restoration) of the principal Regulations, for “the chairman” there shall be substituted “the person (being the chairman or a deputy chairman) who presided over the inquiry”.
PART III
ABOLITION OF APPEALS AND OF APPLICATIONS TO SECRETARY OF STATE
Abolition of appeal and of application for removal of disqualification to Secretary of State
5
1
The principal Regulations shall be amended as follows.
2
In regulation 21 (interpretation and forms), the definition of “appellant” shall be omitted.
3
In regulation 26 (inquiry as to representations), in paragraph (5), for “to the Secretary of State under section 46(3) of the Act” there shall be substituted “under section 11(1) of the Tribunals and Inquiries Act 1992 .
4
Regulation 27 (appeals to Secretary of State as to representations) shall be omitted.
5
In regulation 28 (applications for removal of disqualification), “or to the Secretary of State” shall be omitted.
6
Regulation 30 (applications to the Secretary of State) shall be omitted.
7
In regulation 31 (publication of decisions) —
a
paragraph (b) shall be omitted; and
b
in paragraph (c), “or the Secretary of State” shall be omitted.
8
In regulation 33 (attendance by member of Council on Tribunals), in paragraph (d), for “14(8), 15(3), or (22), 27(2) or 30(4)” there shall be substituted “14(8) or 15(3) or (22)”.
9
In regulation 35 (power to extend time limits), in paragraph (3)(c), for “17(10) or 27(1)” there shall be substituted “or 17(10)”.
10
In regulation 36 (fresh appointments), for “13, 14, 27 or 30” there shall be substituted “13 or 14”.
11
In Schedule 9 (hearings under Part III), for paragraph 10(b) there shall be substituted —
b
references to the person holding the inquiry are (subject to regulation 26A) to the Tribunal.
.
PART IV
SUSPENSION OF PRACTITIONERS
Applications for interim suspension
6
After regulation 24 of the principal Regulations there shall be inserted the following new regulation —
Applications for interim suspension
24A
1
An application for interim suspension under section 49A of the Act shall —
a
be made in writing;
b
be signed by some person authorised by the FHSA ;
c
include a statement of the alleged facts and the grounds upon which the FHSA intends to rely; and
d
include a copy of each document which the FHSA proposes to put in evidence,
and shall be sent to the Tribunal.
2
The statement mentioned in paragraph (1)(c) may be made by reference to any other document already before the Tribunal.
3
The application shall be dealt with by way of oral hearing, and Schedule 9 shall apply with respect to that hearing.
4
The Tribunal shall give the respondent notice in writing of the application and of its intention to hold an oral hearing on a date to be fixed, and shall include a copy of —
a
the FHSA’s application;
b
any document provided under paragraph (1)(d); and
c
where paragraph (2) applies, any document which is referred to in the statement.
5
The Tribunal may at any time before the conclusion of the proceedings relating to the application allow it to be amended, upon such conditions as it may think just, on the application of the FHSA.
6
At the conclusion of proceedings relating to the application, the Tribunal shall, as soon as practicable, issue a decision in writing, signed by the person (being the chairman or a deputy chairman) who presided over the proceedings, containing —
a
any directions it decides to give under section 49A(2) of the Act;
b
a statement of reasons for its decision; and
c
any order it decides to make as to costs.
7
The Tribunal shall send a copy of its decision to the respondent, the FHSA, and the Secretary of State; and the Secretary of State shall send a copy of the decision to any other FHSA which appears to him to be concerned.
8
Where the decision includes a direction under section 49A(2) of the Act, the Tribunal shall include with the decision a notice to the respondent of his right to appeal under section 11(1) of the Tribunals and Inquiries Act 1992 .
.
Withdrawal of representations and suspension of procedures
7
1
Regulation 25 of the principal Regulations (withdrawal of representations and suspension of procedures) shall be amended as follows.
2
In paragraph (3), at the beginning there shall be inserted “Subject to paragraph (3A),”.
3
After paragraph (3) there shall be inserted the following new paragraph —
3A
Where representations are withdrawn or treated as withdrawn after the Tribunal has given a direction under section 49A(2) of the Act, that direction shall cease to have effect; and —
a
the Tribunal shall include this information also when informing the respondent under paragraph (3);
b
the Tribunal shall immediately also so inform the Secretary of State in writing that the direction has ceased to have effect; and
b
the Secretary of State shall so inform anyone to whom he sent a copy of the Tribunal’s decision pursuant to regulation 24A(7).
.
4
In paragraph (4), at the beginning there shall be inserted “Except where the Tribunal has made a direction under section 49A(2) of the Act,”.
Continuation of suspension pending appeal
8
1
Regulation 26 of the principal Regulations (inquiry as to representations) shall be amended as follows.
2
In paragraph (2), at the beginning there shall be inserted “Subject to paragraph (2A),”.
3
After paragraph (2) there shall be inserted the following new paragraph —
2A
Where the Tribunal has determined to decide the case on documentary evidence pursuant to paragraph (2), but proposes to give a direction under section 49B(1) of the Act, it shall before doing so give notice to the FHSA and the respondent of its intention to hold an oral hearing relating to that proposal, and shall then hold an oral hearing to which Schedule 9 shall apply.
.
4
In paragraph (3)(c), after “46(2)” there shall be inserted “or 49B(1)”.
5
In paragraph (5) —
a
after “section 46(2) of the Act” there shall be inserted “, or directions under both sections 46(2) and 49B(1) of the Act,”; and
b
at the end there shall be inserted “in respect of any direction under section 49B(1) of the Act or a direction under section 46(2) of the Act, or both”.
Functions of the Tribunal
9
After regulation 26 of the principal Regulations there shall be inserted the following new regulation —
Discharge of suspension functions by chairman or deputy chairman
26A
The functions of the Tribunal under section 49A or 49B of the Act may be carried out by the chairman or a deputy chairman of the Tribunal; and where the chairman or a deputy chairman does carry them out, any reference to the Tribunal in this Part or in Schedule 9 shall be construed as a reference to that person.
.
Publication of decisions
10
In regulation 31 of the principal Regulations (publication of decisions), after paragraph (d) there shall be inserted —
e
any direction of the Tribunal under section 49A(2) or 49B(1) of the Act.
.
Hearings
11
1
Schedule 9 (hearings under Part III) shall be amended as follows.
2
In paragraph 2, after “representations” there shall be inserted “or suspension proceedings”.
3
In paragraph 4(a), after “representations” there shall be inserted “or suspension proceedings”.
4
In paragraph 10(a)(i), after “representations” there shall be inserted “or suspension proceedings”.
5
After paragraph 10 there shall be inserted the following new paragraph —
11
In this Schedule —
a
“suspension proceedings” means proceedings relating to an application for interim suspension under section 49A of the Act or a proposal to give a direction under section 49B(1) of the Act; and
b
“inquiry” includes any hearing relating to suspension proceedings.
.
PART V
OTHER AMENDMENTS AND TRANSITIONAL PROVISIONS
Proceedings before the Tribunal
12
1
The principal Regulations shall be amended as follows.
2
In regulation 21 (interpretation and forms), after paragraph (1) there shall be inserted the following new paragraph —
1A
In this Part, references to “proceedings” before the Tribunal are to any such proceedings, whether relating to representations, applications, or suspension, and include inquiries, hearings and preliminary matters.
.
3
After regulation 23 there shall be inserted the following new regulation —
Procedure of the Tribunal
23A
The chairman of the Tribunal may give practice directions applying generally to any Tribunal proceedings, and subject to any such directions, the person (being the chairman or a deputy chairman) presiding over any such proceedings may give procedural directions, order pre-hearing reviews, and generally determine the procedure to be followed.
.
4
In regulation 24 (making of representations and preliminary matters), in paragraph (2), for “within 30 days of being so required” there shall be substituted “before the end of the period of 28 days beginning with the day on which the Tribunal sent him notice of its requirement”.
5
In regulation 25 (withdrawal of representations and suspension of procedures), after paragraph (4) there shall be inserted the following new paragraph —
5
The Tribunal may also direct that no further steps shall be taken for the time being under this Part in any other circumstances where it appears to the Tribunal that it would be appropriate so to direct.
.
6
In Schedule 9 (hearings under Part III), in paragraph 8 —
a
in sub-paragraph (1), for “given” there shall be substituted “sent”; and
b
in sub-paragraph (2), after “Subject to” there shall be inserted “any directions or other orders or instructions given under regulation 23A and to”.
Application of section 250 of the Local Government Act 1972
13
1
The principal regulations shall be amended as follows.
2
After regulation 31 there shall be inserted the following new regulation —
Costs
31A
Section 250(5) of the Local Government Act 1972 (costs) shall apply to Tribunal proceedings as though the reference there to the Minister causing an inquiry to be held under section 250 were to the Tribunal, and as if the reference to the parties at the inquiry were to the parties to Tribunal proceedings.
.
3
Accordingly, in regulation 25 (withdrawal of representations and suspension of procedures), in paragraph (3), for “paragraph 9 of Schedule 9” there shall be substituted “regulation 31A”.
4
In Schedule 9 (hearings under Part III), for paragraph 9 there shall be substituted —
9
Section 250(2) and (3) of the Local Government Act 1972 (summoning of witnesses, evidence, etc ) shall apply to an inquiry as though the Tribunal were a person appointed to hold a local inquiry under that section.
.
Referral of matters to professional bodies
14
In regulation 37 of the principal Regulations (referral of matters to professional bodies), after paragraph (2) there shall be inserted the following new paragraph —
2A
Where the Secretary of State receives a copy of a decision of the Tribunal pursuant to regulation 24A(7) or 26(4), and considers that the matter should be brought to the attention of the relevant professional body, he may refer to that body any documents in his possession connected with the representations or the application for interim suspension to which the Tribunal’s decision relates.
.
Transitional provisions and application of amendments
15
1
The amendments made by regulations 5 and 13 above shall not have effect in relation to —
a
any appeal to the Secretary of State under regulation 27 of the principal Regulations; or
b
any application to the Secretary of State for removal of disqualification under regulation 28 of the principal Regulations,
made before the date on which these Regulations came into force.
2
The amendments made by Part IV above, and so much of the amendments made elsewhere in these Regulations as relates to the suspension of practitioners, shall apply only in relation to respondents who are doctors or dentists.
Stephen Dorrell
Secretary of State for Health
30th November 1995


text:
Citation
1
This Order may be cited as the Dŵr Cymru Cyfyngedig (Pipelaying and Other Works) (Code of Practice) Order 1995.
Code of Practice
2
The Code of Practice prepared by the Company and certified as such by the Secretary of State is hereby approved.
Signed by authority of the Secretary of State for Wales
G C G Craig
An Under Secretary in the Welsh Office
19th May 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St. Albans and Hemel Hempstead 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 Hertfordshire Health Authority;
“the Trust” means the St. Albans and Hemel Hempstead National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 16th 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:
1
This Instrument may be cited as The County Council of Norfolk (Reconstruction of Welney Suspension Bridge) Scheme 1994 Confirmation Instrument 1995 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The County Council of Norfolk (Reconstruction of Welney Suspension Bridge) Scheme 1994 (“the Scheme”) is hereby confirmed with modifications.
3
The scheme as confirmed is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY, and at the offices of the Norfolk County Council, County Hall, Martineau Lane, Norwich NR1 2DH.
Signed by authority of the Secretary of State for Transport
Pamela Denham
Regional Director, Government Office for the North East
13th July 1995


text:
1
This Order may be cited as the Financial Services Act 1986 (Miscellaneous Exemptions) Order 1995 and shall come into force on 22nd February 1995.
2
The Church of Ireland Trustees, a company limited by guarantee, shall be an exempted person.
3
The Commonwealth Development Corporation shall be an exempted person when acting in exercise of its powers under the Commonwealth Development Act 1978 .
Andrew Mitchell
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
30th January 1995


text:
1
This Order may be cited as the Value Added Tax (Supply of Pharmaceutical Goods) Order 1995 and shall come into force on 1st April 1995.
2
Group 12 (Drugs, Medicines, Aids for the Handicapped, Etc) of Schedule 8 to the Value Added Tax Act 1994 shall be varied in accordance with the provisions of this Order.
3
After item 1 there shall be inserted —
1A
The supply of any goods in accordance with a requirement or authorisation under —
a
regulation 20 of the National Health Service (Pharmaceutical Services) Regulations 1992 ;
b
regulation 34 of the National Health Service (General Medical Services) (Scotland) Regulations 1995 ; or
c
regulation 41 of the Health and Personal Social Services (General Medical and Pharmaceutical Services) Regulations (Northern Ireland) 1973 ,
by a person registered in the register of medical practitioners or the register of medical practitioners with limited registration.
.
4
In Note (1), after the words “items 1” there shall be added “or item 1A”.
5
In Note (5), after the words “item 1” there shall be inserted “,1A”.
Timothy Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 1995


text:
Citation and commencement
1
This Order may be cited as the Radioactive Substances (Hospitals) Exemption (Amendment) Order 1995 and shall come into force on 3rd October 1995.
Amendment of Order
2
The Radioactive Substances (Hospitals) Exemption Order 1990 shall be amended in accordance with the Schedule to this Order.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under Secretary of State,Department of the Environment
5th September 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
12th September 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
8th September 1995


text:
1
This Order may be cited as The A41 Trunk Road (Detrunking of Slip Roads between the A41 and the A51, Chester) Order 1995 and shall come into force on 28th June 1995.
2
In this Order: —
a
“classified road” as a classification for a highway means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purposes of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
b
“the A41” and “the A51” mean, respectively, the A41 Trunk Road and the A51 Trunk Road at Vicars Cross,, near Chester;
c
“the plan” means the plan numbered HA10/1/CNW351 marked “The A41 Trunk Road (Detrunking of Slip Roads between the A41 and the A51, Chester) Order 199” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London, SW1P 3PY.
3
The slip roads described in the Schedule to this Order and shown by broad striped hatching on the Plan shall each cease to be a trunk road and shall be classified as a classified road as from the date on which this Order comes into force.
Signed by authority of the Secretary of State
K. A. Lasbury
Director, Northern Network, Management Division, The Highways Agency
25th May 1995


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Government Act 1988 (Defined Activities) (Competition) (Amendment) (England) Regulations 1995 and shall come into force on 26th October 1995.
2
These Regulations apply to defined authorities in England only.
Interpretation
2
In these Regulations —
“the Legal Services regulations” means The Local Government Act 1988 (Competition) (Legal Services) (England) Regulations 1994 ;
“the supervision of parking regulations” means The Local Government Act 1988 (Defined Activities) (Competition) (Supervision of Parking, Management of Vehicles and Security Work) (England) Regulations 1994 ;
“the construction regulations” means The Local Government Act 1988 (Competition) (Construction and Property Services) (England) Regulations 1994 .
Amendment to the legal services regulations
3
Regulation 3 of the legal services regulations is amended as follows —
a
after regulation 3(c) there is inserted —
cc
on or after 1st October 1997 by a county council or non-metropolitan district council which is not subject to a structural change; or
; and
b
regulation 3(d)(ii) is omitted.
Amendment to the supervision of parking regulations
4
Regulation 2 of the supervision of parking regulations is amended as follows —
a
after regulation 2(c) there is inserted —
cc
on or after 1st October 1997 by a county council or non-metropolitan district council which is not subject to a structural change; or
; and
b
regulation 3(d)(ii) is omitted.
Amendment to the Construction regulations
5
Regulation 3 of the construction regulations is amended as follows —
a
after regulation 3(c) there is inserted —
cc
on or after 1st October 1997 by a county council or non-metropolitan district council which is not subect to a structural change; or
; and
b
regulation 3(d)(ii) is omitted.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
28th September 1995


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Sports and Leisure Management, Catering and Maintenance of Ground) Order 1995 and shall come into force on 17th April 1995.
Exemption of sports and leisure management
2
1
The management of sports and leisure facilities by the Bath City Council, the Bournemouth Borough Council, the Three Rivers District Council, the Croydon London Borough Council, the Hillingdon London Borough Council, the Redbridge London Borough Council and the Royal Borough of Kingston-upon-Thames shall not be treated as a defined authority so long as it is undertaken —
a
in the case of the Bath City Council —
i
at the sites (or the parts of sites) listed in paragraph 1 of Schedule 1,
ii
at the sites listed in paragraph 2 of Schedule 1, to the extent it consists of the work specified in that paragraph in relation to those sites,
b
in the case of the Bournemouth Borough Council at the sites listed in paragraph 3 of Schedule 1,
c
in the case of the Three Rivers District Council at the William Penn Leisure Centre, Shepherds Lane, Mill End, Rickmansworth,
d
in the case of the Croydon London Borough Council —
i
at the sites listed in paragraph 4 of Schedule 1,
ii
to the extent it consists of arranging the work mentioned in paragraph 5 of the Schedule in relation to any park in their area,
e
in the case of the Hillingdon London Borough Council —
i
at the sites listed in paragraph 6 of Schedule 1,
ii
at the sites listed in paragraph 7 of Schedule 1, to the extent it consists of the work specified in that paragraph in relation to those sites,
f
in the case of the Redbridge London Borough Council at the sites listed in paragraph 8 of Schedule 1,
g
in the case of the Royal Borough of Kingston-upon-Thames at the sites listed in paragraph 9 of Schedule 1,
before 1st April 1996.
2
The management of sports and leisure facilities by the Kettering Borough Council shall not be treated as a defined activity so long as it is undertaken at Kettering Leisure Village, Thurston Drive, Kettering before 1st August 1996.
Exemption of catering
3
Catering by the Bournemouth Borough Council and the Mid-Sussex District Council shall not be treated as a defined activity so long as it is undertaken —
a
in the case of the Bournemouth Borough Council at the sites listed in paragraph 1 of Schedule 2 before 1st October 1997;
b
in the case of the Mid-Sussex District Council at the sites listed in paragraph 2 of Schedule 2 before 1st April 1996.
Exemption of ground maintenance work
4
The maintenance of ground by the Maidstone Borough Council shall not be treated as a defined activity so long as it is carried out within any of the areas listed in Schedule 3 before 1st April 1996.
Signed by authority of the Secretary of State
Robert Jones
Parliamentary Under-Secretary of State,
Department of the Environment
17th March 1995


text:
Citation and commencement
1
These Regulations may be cited as the Lottery Duty (Instant Chances) Regulations 1995 and shall come into force on 1st December 1995.
Application
2
These Regulations apply to any lottery that forms part of the National Lottery in which instant chances are taken.
Interpretation
3
In these Regulations —
“activated” and “settled” have the meanings given in regulation 5 below;
“batch” means a number of instant chances of between fifty and five hundred (determined by the registered promoter), provided that that number produces a whole number when divided by fifty;
“instant chance” means a ticket or chance where, before it is taken, it has been determined whether or not it will win;
“the National Lottery”, “registered promoter” and “unique reference” have the meanings which they bear in the Lottery Duty Regulations 1993 .
Unique references
4
The unique reference for each instant chance shall be arranged in a sequence that identifies it as part of a particular batch.
Payment of lottery duty on instant chances
5
1
For the purposes of payment of lottery duty, an instant chance shall be treated as taken when the batch of which it forms part is settled.
2
A batch is settled when either —
a
the registered promoter deems that batch to be settled, or
b
fifteen days have elapsed since that batch was first activated,
whichever is the earlier.
3
A batch is activated when either —
a
the registered promoter deems that batch to be activated, or
b
any instant chance in that batch is actually taken,
whichever is the earlier.
Duty credit
6
1
Where a batch has been settled but at the conclusion of the lottery not all the chances in that batch have actually been taken the registered promoter shall be entitled to a duty credit.
2
The duty credit to which the registered promoter is entitled shall be the amount paid on account of lottery duty for the instant chances that have not actually been taken.
3
Subject to paragraphs (4) and (5) below, regulation 7 of, and Schedule 4 to the Lottery Duty Regulations 1993 shall apply to duty credit as they apply to refunds of duty.
4
Paragraphs (1) and (2)(a) and (d) of regulation 7 shall not apply.
5
Schedule 4 shall apply as if —
a
in paragraph (b), the word “took” were substituted for the words “would have taken”, and
b
paragraph (c) were omitted.
D. J. Howard
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
1st November 1995


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Special Provisions) Order 1995 (Amendment) Order 1995, and shall come into force on 1st June 1995.
2
In article 4(2) of the Value Added Tax (Special Provisions) Order 1995 after the words “zero-rating provisions of either” there shall be inserted “Act, or”.
Derek Conway
Andrew Mitchell
Two of the Lord Commissionersof Her Majesty’s Treasury
25th May 1995


text:
Citation and commencement
1
This Order may be cited as the Mortgage Indemnities (Recognised Bodies) (No. 2) Order 1995 and shall come into force on 21st August 1995.
Specified bodies
2
The following bodies are hereby specified as recognised bodies for the purposes of sections 442 and 443 of the Housing Act 1985 (agreements to indemnify mortgagees and contributions to mortgage costs):
a
Barshelfco (No. 68) Limited;
b
C L Mortgages Limited;
c
Market Harborough Mortgages Limited;
d
Newbury Mortgage Services Limited.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
24th July 1995
We consent,
Simon Burns
Bowen Wells
Two of the Lords Commissioners of Her Majesty’s Treasury
31st July 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment Regulations 1995 and shall come into force on 6th February 1995.
2
In these Regulations, “the principal Regulations ” means the National Health Service (General Medical Services) Regulations 1992 .
Readvertisement for vacancies by FHSA s
2
1
In regulation 12A(4) of the principal Regulations (which defines “closing date” for the purposes of vacancy notices) , for “paragraph (2A)” there is substituted “paragraphs (2A) and (2AA)”.
2
In regulation 13 of the principal Regulations (selection of applicants by FHSA), the following paragraphs are substituted for paragraph (2A) —
2A
Subject to paragraph (2AA), the FHSA shall not begin making its selection for the purposes of paragraph (2) until —
a
after it has resolved to give no more notices; and
b
the closing date included in the last notice given before the FHSA’s resolution to give no more notices has passed.
2AA
Where —
a
the FHSA has received 20 or more applications in respect of the vacancy (whether in response to the first notice or in response to the first notice and one or more further notices combined); or
b
it has given 3 further notices of the vacancy, and the closing date included in the last of them has passed,
it may begin making its selection for the purposes of paragraph (2) without resolving to give no more notices.
Doctors' availability to patients
3
1
Schedule 2 to the principal Regulations (terms of service for doctors) is amended in accordance with paragraphs (2) to (5).
2
For paragraph 13 (provision of services to patients), there is substituted —
Provision of services to patients
13
1
In this paragraph, the services referred to in paragraph 12 are called the “relevant services”.
2
Subject to the following provisions of this paragraph, a doctor shall render the relevant services during the hours for which he is normally available pursuant to paragraph 29 (in this paragraph referred to as “normal hours”) —
a
at his practice premises; or
b
in the case of a patient whose condition is such that in the doctor’s reasonable opinion it would be inappropriate for the patient to attend at the practice premises, at whichever is appropriate of the places set out in sub-paragraph (5).
3
Outside normal hours the doctor shall consider, in the light of the patient’s medical condition, whether a consultation is needed, and if so, when.
4
If in the doctor’s reasonable opinion a consultation is needed before the next time at which the patient could be seen during normal hours, he shall render the relevant services —
a
at his practice premises;
b
at such other place as the FHSA has agreed, pursuant to paragraph 29A, and he has informed the patient, pursuant to paragraph 29A(5), is a place where he will treat patients outside normal hours; or
c
in the case of a patient whose condition is such that in the doctor’s reasonable opinion it would be inappropriate for the patient to attend either at the practice premises or at such other place, at whichever is appropriate of the places set out in sub-paragraph (5).
5
The places referred to in sub-paragraphs (2)(b) and (4)(c) are —
a
the place where the patient was residing when he was accepted by the doctor pursuant to paragraph 6 or, as the case may be, when he was assigned to the doctor pursuant to regulation 21 or, in the case of a patient who was previously on the list of a doctor in a practice declared vacant, when the doctor succeeded to the vacancy;
b
such other place as the doctor has informed the patient and the FHSA is the place where he has agreed to visit and treat the patient;
c
some other place in the doctor’s practice area.
6
Nothing in this paragraph prevents the doctor from —
a
arranging for the referral of a patient pursuant to paragraph 12(2)(d) without first seeing the patient, in a case where the medical condition of the patient makes that course of action appropriate; or
b
visiting the patient in circumstances where this paragraph does not place him under an obligation to do so.
3
The existing provision of paragraph 25 (which says that a deputy may treat patients at times and places other than those approved for the doctor for whom he is acting) shall be sub-paragraph (1) of that paragraph, and at the end there is inserted —
2
A doctor acting as a deputy for another doctor may not treat the other doctor’s patients at any place approved under paragraph 29A unless it is so approved for the other doctor.
4
In paragraph 27 (arrangements at practice premises), for sub-paragraph (a) there is substituted —
a
provide proper and sufficient accommodation —
i
at his practice premises, having regard to the circumstances of his practice, and
ii
at any other premises at which the FHSA, in accordance with paragraph 29A, has agreed he may treat his patients; and
5
After paragraph 29 (doctors' availability to patients), there is inserted —
Availability to patients outside normal hours
29A
1
Subject to the provisions of this paragraph, a doctor may apply to the FHSA for approval to treat patients at premises other than his practice premises outside the hours for which he is normally available pursuant to paragraph 29 (in this paragraph referred to as “normal hours”).
2
An application under sub-paragraph (1) shall be made in writing and shall state the address of the premises.
3
An application under sub-paragraph (1) shall not be approved by the FHSA unless it is satisfied that —
a
having regard to the fact that the premises are for the treatment of patients outside normal hours and to all other relevant circumstances, the premises to which the application relates are likely to be reasonably convenient to the doctor’s patients; and
b
the location of those premises is in accordance with any condition imposed in relation to the doctor making the application pursuant to section 33(4)(b) of the Act (distribution of general medical services).
4
Sub-paragraphs (10) to (15) of paragraph 29 shall apply to an application under sub-paragraph (1) of this paragraph as they apply to an application under paragraph 29(1).
5
Where the FHSA determines an application under sub-paragraph (1) by granting approval (with or without conditions), the doctor shall inform his patients by displaying a notice at his practice premises, stating the address of the premises for which approval has been granted.
6
A doctor may apply to the FHSA for a variation of any approval granted under this paragraph, and any such application shall be made and determined as if it were the first application for the purposes of this paragraph.
7
Where it appears to the FHSA that premises which it has approved under this paragraph may no longer be reasonably convenient to the doctor’s patients, it may give notice to the doctor that it proposes to review the terms of the approval.
8
On any review under sub-paragraph (7), the FHSA shall allow the doctor a period of 30 days beginning with the date on which he receives the notice within which to make representations to the FHSA about its proposals.
9
After considering any representations made in accordance with sub-paragraph (8), the FHSA may determine to —
a
continue its approval;
b
continue its approval subject to such new or varied conditions as it sees fit to impose; or
c
withdraw its approval.
10
The FHSA shall notify the doctor in writing of its determination under sub-paragraph (9); and where it determines to withdraw its approval or to continue it subject to new or varied conditions, it shall include with the notice a statement in writing of the reasons for its determination and of the doctor’s right of appeal under sub-paragraph (11).
11
A doctor may, within the period of 30 days beginning with the date on which he receives the notice referred to in sub-paragraph (10), appeal in writing to the Secretary of State against the withdrawal of approval or against any condition imposed pursuant to sub-paragraph (9); and sub-paragraphs (14) and (15) of paragraph 29 shall apply to any such appeal as they apply to an appeal under that paragraph.
6
In Schedule 12 to the principal Regulations (information to be included in practice leaflets), after paragraph 9 there is inserted —
9A
The address of any premises approved under paragraph 29A of Schedule 2 at which patients may be invited to attend for treatment outside the hours for which the doctor is normally available pursuant to paragraph 29 of Schedule 2.
Fees
4
1
Schedule 2 to the principal Regulations (terms of service for doctors) is amended as follows.
2
In paragraph 38 (which prohibits a doctor from charging a fee except for the services listed in that paragraph), at the end there is inserted —
o
for prescribing or providing drugs for malaria chemoprophylaxis.
3
In paragraph 40 (which says that a doctor may not charge for prescriptions), for “and (j)” there is substituted“, (j) and (o)”.
Gerald Malone
Minister of State,
Department of Health
16th January 1995


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Incapacity Benefit) (Consequential and Transitional Amendments and Savings) Regulations 1995 and shall come into force on 13th April 1995.
2
In these Regulations —
“the Adjudication Regulations ” means the Social Security (Adjudication) Regulations 1986 ;
“the Airmen’s Benefits Regulation ” means the Social Security (Airmen’s Benefits) Regulations 1975 ;
“the appointed day” means 13th April 1995;
“the Computation of Earnings Regulations ” means the Social Security Benefit (Computation of Earnings) Regulations 1978
“the Contributions Regulations ” means the Social Security (Contributions) Regulations 1979 ;
“the Credits Regulations ” means the Social Security (Credits) Regulations 1975 ;
“the General Benefit Regulations ” means the Social Security (General Benefit) Regulations 1982 ;
“the Graduated Retirement Benefit (No. 2) Regulations ” means the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978 ;
“the Hospital In-Patients Regulations ” means the Social Security (Hospital In-Patients) Regulations 1975 ;
“the Increases for Dependants Regulations ” means the Social Security Incapacity Benefit Increases for Dependants) Regulations 1994 ;
“the Invalid Care Allowance Regulations ” means the Social Security (Invalid Care Allowance) Regulations 1976 ;
“the Mariners' Benefits Regulations ” means the Social Security (Mariners' Benefits) Regulations 1975 ;
“the Married Women and Widows Special Provisions Regulations ” means the Social Security (Benefit) (Married Women and Widows Special Provisions) Regulations 1974 ;
“the Overlapping Benefits Regulations ” means the Social Security (Overlapping Benefits) Regulations 1979 ;
“the Payments on account, Overpayments and Recovery Regulations ” means the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 ;
“the Persons Abroad Regulations ” means the Social Security Benefit (Persons Abroad) Regulations 1975 ;
“the Persons Residing Together Regulations ” means the Social Security Benefit (Persons Residing Together) Regulations 1977 ;
“the Recoupment Regulations ” means the Social Security (Recoupment) Regulations 1990 ;
“the Redundant Mineworkers Payments Orders ” means the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1983 , the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1984 and the Redundant Mineworkers and Concessionary Coal (Payments Schemes) Order 1986 ;
“the Social Fund (Recovery) Regulations ” means the Social Fund (Recovery by Deductions from Benefits) Regulations 1988 ;
“the Statutory Maternity Pay Regulations ” means the Statutory Maternity Pay (General) Regulations 1986 ;
“the Statutory Sick Pay Regulations ” means the Statutory Sick Pay (General) Regulations 1982 ;
“the Unemployment, Sickness and Invalidity Benefits Regulations ” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 ;
“the Widow’s and Widower’s Invalidity Pensions Regulations ” means the Social Security (Widow’s and Widower’s Invalidity Pensions) Regulations 1978 .
PART II
MISCELLANEOUS CONSEQUENTIAL AMENDMENTS
Amendment of the Married Women and Widows Special Provisions Regulations
2
In regulation 3 of the Married Women and Widows Special Provisions Regulations (modifications, in relation to widows, of provisions with respect to unemployment and sickness benefit, maternity allowance and Category A retirement pension) —
a
in the heading and in paragraph (1)(a) and (b) for the words “sickness benefit” there shall be substituted the words “short-term incapacity benefit”;
b
in paragraph (5)(a) and (b) for the words “sickness benefit wherever they occur” there shall be substituted the words “short-term incapacity benefit”.
Amendment of the Airmen’s Benefits Regulations
3
In regulation 2 of the Airmen’s Benefits Regulations (removal of disqualification in the case of airmen for receiving benefit while absent from Great Britain) —
a
in paragraph (1) for the words “sickness benefit, invalidity benefit” there shall be substituted the words “incapacity benefit”;
b
in paragraph (2) for the words “sickness benefit, invalidity benefit” there shall be substituted the words “incapacity benefit”.
Amendment of the Mariners' Benefits Regulations
4
1
The Mariners' Benefits Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 4 (removal of disqualification for receiving benefit by reason of absence from Great Britain) for the words “sickness benefit, invalidity benefit in both places where they occur” there shall be substituted the words “incapacity benefit”.
3
In regulation 5 (evidence of unemployment or incapacity) for the words “sickness benefit, invalidity benefit” there shall be substituted the words “incapacity benefit”.
4
In regulation 6(2) (special provisions relating to days of unemployment or incapacity for work in the case of mariners and share fishermen employed on board any ships or vessels) for the words “sickness benefit, invalidity benefit” there shall be substituted the words “incapacity benefit”.
Amendment of the Hospital In-Patients Regulations
5
1
The Hospital In-Patients Regulations shall be amended in accordance with the following provisions of this regulation.
2
In Schedule 1 (beneficiary to be regarded as having a dependant if any of these benefits is or would be payable) after paragraph (c) there shall be inserted the following paragraph —
ca
incapacity benefit where a beneficiary would satisfy the conditions for an increase of sickness or invalidity benefit in respect of such a dependant had the provisions of the Social security Contributions and Benefits Act 1992 and regulations made under them relating to such benefits and to such an increase which applied on 12th April 1995 been still in force.
3
In Schedule 2 (personal benefits) for the words “Sickness benefit and Invalidity benefit” there shall be substituted the words “Incapacity benefit”.
Amendment of the Credits Regulations
6
1
The Credits Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation) after the definition of charity there shall be inserted the following definition —
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992;
.
3
In regulation 8(1) (credits on termination of full-time education, training or apprenticeship) for the words “sickness benefit” there shall be substituted the words “short-term incapacity benefit”.
4
In regulation 9 (credits for unemployment or incapacity for work) —
a
for paragraph (5) there shall be substituted the following paragraph —
5
Subject to paragraph (8), in this regulation except for paragraph (9)(f) a “day of incapacity for work in relation to any person” means any day which —
a
was a day of incapacity for work under section 30C of the Contributions and Benefits Act (incapacity benefit: days and periods of incapacity for work);
b
would have been such a day had he claimed short-term incapacity benefit or maternity allowance within the prescribed time;
c
was a day of incapacity for work for the purposes of statutory sick pay under section 151 of the Contributions and Benefits Act and fell within a period of entitlement under section 153 of that Act.
;
b
in paragraph (8) for the words “paragraph 5(b) or (d)” there shall be substituted the words “paragraph (5)”.
c
in paragraph (9) —
i
for the words “sickness benefit” where they first occur and where they occur in sub-paragraphs (a), (c) and (f) there shall be substituted the words “short-term incapacity benefit”;
ii
in sub-paragraph (b) for the words “invalidity pension under section 15 of the Act” there shall be substituted the words “short-term incapacity benefit at the higher rate and long-term incapacity benefit”;
iii
in sub-paragraph (f) for the words “paragraph (5)(d)” there shall be substituted the words “paragraph (5)(c)”;
iv
sub-paragraph (g) shall be omitted.
Amendment of the Persons Abroad Regulations
7
In regulation 2 of the Persons Abroad Regulations (modification of the Act in relation to sickness benefit, invalidity benefit, severe disablement allowance, unemployment supplement and maternity allowance) —
a
in the heading for the words “sickness benefit, invalidity benefit” there shall be substituted the words “incapacity benefit”;
b
in paragraph (1)(bb) for the words “sickness benefit and invalidity benefit” there shall be substituted the words “incapacity benefit”;
c
in paragraph (1A)(b) for the words “sickness benefit and invalidity benefit” there shall be substituted the words “incapacity benefit”;
d
in paragraph (1B)(a)(ii) for the words “sickness benefit and invalidity benefit” there shall be substituted the words “incapacity benefit”;
e
paragraphs (3) and (4) shall be omitted;
f
in paragraphs (5)(a) for the words “sickness benefit, invalidity benefit” there shall be substituted the words “incapacity benefit”.
Amendment of the Invalid Care Allowance Regulations
8
1
The Invalid Care Allowance Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 14 (application of the Social Security (General Benefit) Regulations 1974 to invalid care allowance) —
a
in the heading for the words “the Social Security (General Benefit) Regulations 1974” there shall be substituted the words “the Social Security (General Benefit) Regulations 1982 ;”
b
for the words “the Social Security (General Benefit) regulations 1974, as amended” there shall be substituted the words “the Social Security (General Benefit) Regulations 1982”;
c
for the words “invalidity pension” there shall be substituted the words “incapacity benefit”.
3
For Schedule 1 there shall be substituted the following Schedule —
SCHEDULE 1
PROVISIONS OF THE SOCIAL SECURITY (GENERAL BENEFIT) REGULATIONS 1982 APPLIED TO INVALID CARE ALLOWANCE
Regulation applied Subject matter (1) (2)
2 Exceptions from disqualification for imprisonment etc. 3 Suspension of payment of benefit during imprisonment etc. 4 Interim payments by way of benefit under the Act 9 Payment of benefit and suspension of payments pending a decision on appeals or references, arrears and repayments
Amendment of the Widow’s and Widower’s Invalidity Pensions Regulations
9
1
The Widow’s and Widower’s Invalidity Pensions Regulations shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (2) of regulation 1 (citation, commencement and interpretation) there shall be substituted the following paragraph —
2
In these Regulations, unless the context otherwise requires, “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 and other expressions shall have the same meaning as in that Act.
.
3
Regulation 2 is hereby revoked.
4
For regulation 3 (rates of Category A retirement pension for certain widows and widowers) there shall be substituted the following regulation —
3
Where the rate of a person’s Category A retirement pension falls to be determined under sections 40(6)(b) or 41(5)(b) of the Contributions and Benefits Act it shall be equal to the higher of —
a
the weekly rate of incapacity benefit applicable to him under the said sections 40 and 41 immediately before he attained pensionable age or where there was no such rate, the rate specified in section 41(4) of the Contributions and Benefits Act; or
b
the rate of Category A retirement pension to which he would have been entitled apart from those sections,
whichever is more favourable to him taking into account the effect of section 52 of the Contributions and Benefits Act.
.
5
For regulation 4 (prescribed periods for the purposes of section 16 of the pensions Act) there shall be substituted the following regulation —
Prescribed Periods for the Purposes of Section 41 of the Contributions and Benefits Act.
4
The prescribed period for the purposes of section 41(1)(b), (2)(a) and (3)(a) of the Contributions and Benefits Act shall be 13 weeks (“week” for this purpose meaning any period of 7 days) beginning with the day following the day on which the wife died.
.
Amendment of the Persons Residing Together Regulations
10
In regulation 2(2)(a) of the Persons Residing Together Regulations (circumstances in which a person is to be treated as residing or not residing with another person or in which persons are to be treated as residing or not residing together) —
a
the words “or sickness benefit” and “or invalidity pension” shall be omitted;
b
after the words “66 (increase of a disablement pension where the beneficiary is entitled to unemployability supplement)” there shall be inserted the words “or section 86A of the Social Security Contributions and Benefits Act 1992” (incapacity benefit: increases for adult dependants).
Amendment of the Graduated Retirement Benefit (No 2) Regulations
11
Section 36(9) of the National Insurance Act 1965, as continued in force by regulation 3(3) of, and Schedule 1 to, the Graduated Retirement Benefit (No. 2) Regulations, shall be amended by substituting for the words “sections 14(6) and 15(4) of the Act (rate of unemployment benefit, sickness benefit or invalidity pension for persons over pensionable age)” the words “sections 25(5) and 30B(3) of the Social Security Contributions and Benefits Act 1992 and regulations 11(1) and 18(7) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (rate of unemployment benefit and rate of incapacity benefit in transitional cases for persons over pensionable age)”.
Amendment of the Computation of Earnings Regulations
12
1
The Computation of Earnings Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (interpretation) —
a
after the definition of “the Act” there shall be inserted the following definition —
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
;
b
in the definition of “earnings” after the words “64 and 66 of the Act”, there shall be inserted the words “and section 86A of the Contributions and Benefits Act”;
c
in the definition of “specified benefit” for the words “invalidity pension” there shall be substituted the words “long-term incapacity benefit”.
3
In regulation 3 (Payments to be disregarded) —
a
in paragraph (1)(b) after the words “66(4) of the Act”, there shall be inserted the words “and section 86A of the Contributions and Benefits Act”,
b
in paragraph (5) the words “or incapacity for work” shall be omitted.
4
In regulation 5(2) (calculation of earnings of certain retirement pensioners and adult dependants of pensioners) after the words “64 and 66(4) of the Act”, there shall be inserted the words “and section 86A of the Contributions and Benefits Act”.
5
In Regulation 7 (calculation of earnings from boarders or lodgers of certain retirement pensioners and adult dependants of pensioners) after the words “66(4) of the Act” there shall be inserted the words “and section 86A of the Contributions and Benefits Act”.
Amendment of the Contributions Regulations
13
1
The Contributions Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 23(1)(a) (exception from liability for Class 2 contributions) for the words “sickness benefit or invalidity benefit” there shall be substituted the words “incapacity benefit”.
3
Paragraph (2)(d) of regulation 28 shall be omitted.
4
In regulation 38(6) (treatment for purpose of contributory benefit of late paid contributions under the Act) for the words “sickness benefit” there shall be substituted the words “short-term incapacity benefit”.
5
In regulation 39 (treatment for the purpose of any contributory benefit of late paid or unpaid primary Class 1 contributions where there was no consent, connivance or negligence by the primary contributor) for the words “sickness benefit” in both places where they occur there shall be substituted the words “short-term incapacity benefit”.
Amendment of the Overlapping Benefits Regulations and Savings
14
1
The Overlapping Benefits Regulations shall be amended in accordance with the following provisions of this regulation.
2
Regulation 3 is hereby revoked.
3
After paragraph (2) of regulation 4 (adjustment of personal benefit under Parts II and III of the Contributions and Benefits Act where other personal benefit under those Parts or graduated retirement benefit is payable) there shall be inserted the following paragraph —
2A
Paragraph (1) shall not require an adjustment of widow’s pension reduced in accordance with section 39(4) of the Contributions and Benefits Act only by reference to long-term incapacity benefit calculated in accordance with section 40(5)(b) of that Act.
.
4
Subject to the provisions of paragraph (11) below, in paragraph (5)(b) of regulation 6 (adjustments of personal benefit under Chapters I and II of Part II of the Act by reference to industrial injuries benefits and benefits not under the Act, and adjustments of industrial injuries benefits) —
a
the words “or invalidity benefit” shall be omitted;
b
head (i) shall be omitted.
5
At the end of paragraph (3) of regulation 9 (adjustment of dependency benefit in respect of an adult dependant where other dependency benefit is payable) there shall be added the words “or to a person entitled to an increase of incapacity benefit under regulation 9(1)(d) of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations 1994 who satisfies the requirements of paragraph (3)(a) of that regulation”.
6
In regulation 10 (adjustment of dependency benefit where certain personal benefit is payable) —
a
at the end of paragraph (3) there shall be added the words “or to a person entitled to an increase of incapacity benefit under regulation 9(1)(d) of the Social Security (Incapacity Benefits — Increases for Dependants) Regulations 1994 who satisfies the requirements of paragraph (3)(a) of that regulation”;
b
in paragraph (4) after the words “sickness benefit” where they first appear there shall be inserted the words “but not incapacity benefit”.
7
In regulation 14 (provisions for adjusting benefit for part of a week) —
a
for paragraph (1) there shall be substituted the following paragraph —
1
Where an adjustment falls to be made under these regulations for a part of a week, benefit shall be deemed to be payable —
a
at a daily rate equal to one-seventh of the appropriate weekly rate for each day of the week in respect of any benefit (whether under the Contributions and Benefits Act or otherwise) except when maternity benefit and unemployment benefit falls to be adjusted; or
b
at a daily rate equal to one-sixth of the appropriate weekly rate for each day of the week except Sunday where maternity benefit or unemployment benefit falls to be adjusted.
b
in paragraph (2) the words “sickness benefit, invalidity benefit or severe disablement allowance” shall be omitted.
8
In Schedule 1 (personal benefits which are required to be adjusted by reference to benefits not under Chapters I and II of Part II of the Act) —
a
in paragraph 1 of column (1) for the words “sickness benefit” there shall be substituted the words “short-term incapacity benefit”;
b
in paragraph 4 of column (1) for the words “invalidity benefit” there shall be substituted the words “incapacity benefit”;
c
in paragraph 6 of column (1) after the words “Invalidity benefit” there shall be added the words “or an increase in the rate of incapacity benefit in accordance with regulation 10(1) of the Social Security (Incapacity Benefit) Regulations 1994 ”.
9
Where before the appointed day regulation 3 of the Overlapping Benefits Regulations (special provisions for widow’s benefit and invalidity pension) applied to a widow; and —
a
on or after that day she remains entitled to either a widowed mother’s allowance or a widow’s pension; and
b
she is either a transitional case for the purposes of Part IV of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 or, has an award of long-term incapacity benefit by virtue of regulation 19 or 20 of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995; and
c
she is under pensionable age.
regulation 3 of the Overlapping Benefits Regulations shall continue to apply to her as if the revocation made by paragraph (2) above had not been made subject to the modifications made in paragraph (10) below.
10
Where paragraph (9) applies regulation 3 of the Overlapping Benefits Regulations shall be modified so that —
a
for the words “invalidity pension in each place where they occur” there shall be substituted the words “long-term incapacity benefit”; and
b
for sub-paragraph (a) of paragraph (2) there shall be substituted the following sub-paragraph
a
an amount equal to either the basic rate of long-term incapacity benefit referred to in regulation 18(1)(a) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 paid in a transitional case or an award of widow’s basic pension calculated by reference to section 44(1) of the Contributions and Benefits Act or an amount equal to the greater of them
;
c
in sub-paragraph (b) of paragraph (2) for the words “two additional pensions” there shall be substituted the words “incapacity benefit payable at the additional rate in accordance with regulation 18(1)(b) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 and widow’s pension determined in accordance with section 44(3)(b) of the Contributions and Benefits Act”.
11
Notwithstanding the amendment made by paragraph (4) above, where in a transitional case long-term incapacity benefit falls to be adjusted by reference to a benefit within column (2) of Schedule 1 to the Overlapping Benefits Regulations, that benefit shall be adjusted on or after the appointed day as if the words “or invalidity benefit” had not been omitted from regulation 6 of those Regulations.
Amendment of the Statutory Sick Pay Regulations
15
In regulation 15(1) (provision of information by employers to employees) of the Statutory Sick Pay Regulations for the words “sickness” there shall be substituted the words “short-term incapacity”.
Amendment of the General Benefit Regulations
16
In regulation 2(2) of the General Benefit Regulations (exceptions from disqualification for imprisonment etc.), for the words “sickness benefit, invalidity benefit” there shall be substituted the words “incapacity benefit”.
Amendment of the Unemployment, Sickness and Invalidity Benefit Regulations
17
1
The Unemployment, Sickness and Invalidity Benefit Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (interpretation) —
a
after the definition of charity there shall be inserted the following definition —
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
;
b
the definition of disability appeal tribunal shall be omitted.
3
In regulation 2 (provisions to which Parts I and II of these regulations are subject) the words “and IV ” shall be omitted.
4
Regulation 3 is hereby revoked.
5
In regulation 4 (special provisions relating to day substituted for Sunday) —
a
in paragraph (1) the words “or of incapacity for work and sickness or invalidity” shall be omitted;
b
in paragraph (3) the words “or of incapacity for work and, sickness or invalidity” shall be omitted.
6
In regulation 5 (night workers) —
a
in paragraph (1) the words “sickness benefit and invalidity benefit,” shall be omitted;
b
in paragraph (2)(b) the words “or incapable of work by reason of some specific disease or bodily or mental disablement” shall be omitted;
c
paragraph (3) shall be omitted.
7
In regulation 6A (requalification period) —
a
in paragraph (2)(a) the words “sickness benefit, invalidity pension,” shall be omitted;
b
in paragraph (2)(b) for the words “section 14(1)(b) or treated as incapable of work by virtue of section 22(4)”, there shall be substituted the words “sections 171A to 171G of the Contributions and Benefits Act”.
8
In regulation 7 (days not to be treated as days of unemployment or incapacity for work)
a
in the heading the words “or incapacity for work” shall be omitted;
b
in paragraph (1) the words “, sickness and invalidity” shall be omitted;
c
sub-paragraphs (c) and (f) of paragraph (1) shall be omitted.
9
Regulations 7A, 8 and 8A are hereby revoked.
10
In regulation 13 (reckoning of periods of interruption of employment) for paragraph (2)(a) there shall be substituted the following paragraph —
a
any day on which a person is attending —
i
a training course provided by or on behalf of Scottish Enterprise, Highlands and Islands Enterprise or the Secretary of State; or
ii
a training course or course of instruction provided in pursuance of arrangements made with Scottish Enterprise, Highlands and Islands Enterprise or the Secretary of State by any public authority, firm or person; or
iii
a course of training in agricultural occupations provided by, or in pursuance of arrangements made by, the Minister of Agriculture, Fisheries and Food or the Secretary of State;
and payment of training allowance is made by or on behalf of Scottish Enterprise, Highlands and Islands Enterprise, that Minister or the Secretary of State to the said person for his attendance at the course in question;
.
11
Regulations 15 and 17 are hereby revoked.
12
In regulation 20 (special provision for certain persons who have been employed abroad), in paragraph (1) for the words “sickness benefit” there shall be substituted the words “short-term incapacity benefit”.
13
Regulations 29, 30, 31 and 32 are hereby revoked.
14
For Part IV (sickness and invalidity benefit in respect of industrial injury) there shall be substituted the following part —
PART IV A
TRANSITIONAL PROVISIONS FOR INCAPACITY BENEFIT IN RESPECT OF INDUSTRIAL INJURY
Provision for short-term incapacity in respect of industrial injury persons over pensionable age
32A
In any case where —
a
immediately before the revocation of regulation 30, the provisions of that regulation applied; and
b
after 12th April 1995 a person becomes entitled to short-term incapacity benefit in respect of the same industrial injury by virtue of regulation 11 or 14 of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995,
the weekly rate at which short-term incapacity benefit is payable shall be the rate set out in paragraph 2 of Part I of Schedule 4 to the Contributions and Benefits Act, or, if higher, the rate at which that benefit would have been payable to the person concerned under section 30B(3) of that Act.
Provision for long-term incapacity in respect of industrial injury — persons over pensionable age
32B
1
Subject to paragraph (2) in any case where —
a
immediately before the revocation of regulation 31 the provisions of that regulation applied; and
b
after 12th April 1995 a person becomes entitled to long-term incapacity benefit by virtue of regulation 17, 17A or 21 of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995,
the weekly rate at which long-term incapacity benefit is payable shall be the rate referred to in regulation 18(1) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (notwithstanding that the person is over pensionable age), or, if higher, the rate at which that benefit would be payable under regulation 18(7).
2
Where the contribution conditions for a Category A retirement pension specified in paragraph 5 of Part I of Schedule 3 to the Contributions and Benefits Act are not satisfied, those conditions shall be taken to be satisfied for the purposes of regulation 18(7) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995.
.
Amendment of the Statutory Maternity Pay Regulations
18
1
The Statutory Maternity Pay Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 21A (effect of statutory maternity pay on invalidity benefit) —
a
in the heading for the words “invalidity benefit” there shall be substituted the words “incapacity benefit”;
b
in paragraph (1) —
i
for the words “invalidity pension” there shall be substituted the words “short-term incapacity benefit at the higher rate or long-term incapacity benefit”;
ii
for the words “section 15 of the 1975 Act or under section 15 of the Social Security Pensions Act 1975” there shall be substituted the words “section 30A of the Contributions and Benefits Act ”;
iii
for the words “period of interruption of employment” there shall be substituted the words “period of incapacity for work”;
c
in paragraph (1)(a) the words “by reason of some specific disease or bodily or mental disablement, work for this purpose being work which the woman can reasonably be expected to do” shall be omitted;
d
in paragraph (1)(b) for the words “section 17(2) of the 1975 Act” there shall be substituted the words “section 30C(3) of the Contributions and Benefits Act ”;
e
in paragraph (1)(c) for the words “period of interruption of employment” there shall be substituted the words “period of incapacity for work”;
f
in paragraph (1)(d) —
i
for the words “sickness benefit” in both places where they occur there shall be substituted the words “short-term incapacity benefit”;
ii
for the words “period of interruption of employment” there shall be substituted the words “period of incapacity for work”;
g
in paragraph (1A) —
i
for the words “interruption of employment” there shall be substituted the words “incapacity for work”;
ii
for the words “entitlement to invalidity pension under section 15 of the 1975 Act, as being a day on which the woman has been entitled to sickness benefit.” there shall be substituted the words “entitlement to short-term incapacity benefit at the higher rate and long-term incapacity benefit under section 30A of the Contributions and Benefits Act, as being a day on which the woman has been entitled to short-term incapacity benefit”;
h
in paragraph (1B) for the words “ “period of interruption of employment” has the same meaning as it has in the 1975 Act by virtue of section 17(1)(d) of that Act” there shall be substituted the words “ “period of incapacity for work” has the same meaning as in section 30C(1) of the Contributions and Benefits Act”.
i
for paragraph (2) there shall be substituted the following paragraph —
2
Where by virtue of paragraph (1) a woman is entitled to short-term incapacity benefit at the higher rate or long-term incapacity benefit for any week (including part of a week) the total amount of such benefit (including any increase for a dependant) payable to her for that week shall be reduced by an amount equivalent to any statutory maternity pay to which she is entitled in accordance with Part XII of the Contributions and Benefits Act for the same week and only the balance, if any, of the short-term incapacity benefit at the higher rate or long-term incapacity benefit shall be payable to her.
.
3
In regulation 25A(5) (provision of information relating to claims for certain other benefits), for the words “sickness benefit, invalidity pension” there shall be substituted the words “incapacity benefit”.
Amendment of the Adjudication Regulations
19
1
The Adjudication Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 65 (review of decisions involving payment or increase of benefit other than industrial injuries benefit, mobility allowance, income support or family credit) —
a
in paragraph (1)(b) for the words “sickness benefit, invalidity benefit” there shall be substituted the words “incapacity benefit”;
b
in paragraph (3)(a)(ii) for the words “sickness benefit” there shall be substituted the words “short-term incapacity benefit”.
Amendment of the Social Fund (Recovery) Regulations
20
1
The Social Fund (Recovery) Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3 (benefits from which an award may be recovered)
a
for paragraphs (d), (e) and (f) there shall be substituted the following paragraph
d
incapacity benefit under section 86A of the Social Security Contributions and Benefits Act 1992;
;
b
in paragraph (o) for the words “sickness benefit, invalidity pension” there shall be substituted the words “incapacity benefit”;
c
in paragraph (p) for the words “sickness benefit” there shall be substituted the words “words short-term incapacity benefit”;
d
in paragraph (q) for the words “invalidity pension” there shall be substituted the words “long-term incapacity benefit”;
e
in paragraphs(s) for the words “invalidity pension” there shall be substituted the words “long-term incapacity benefit”;
f
in paragraph (t) for the words “invalidity pension” there shall be substituted the words “long-term incapacity benefit”;
g
paragraphs (aa) and (bb) shall be omitted.
Amendment of the Payments on account, Overpayments and Recovery Regulations
21
1
The Payments on account, Overpayments and Recovery Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (interpretation)
a
in the definition of “benefit” after the words “under section 32(2)(a) and 32(2A) of the Act” there shall be added the words “and any incapacity benefit under sections 30A(1) and (5) of the Contributions and Benefits Act”;
b
after the definition of the Claims and Payments Regulations there shall be inserted the following definition —
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
.
3
In regulation 15(2) (recovery by deductions from prescribed benefits) after sub-paragraph (e) there shall be added the following sub-paragraph
f
any incapacity benefit.
.
4
In regulation 16(8) (limitations on deductions from prescribed benefits), in the definition of specified benefit for the words “sickness or invalidity benefit” there shall be substituted the words “incapacity benefit”.
Amendment of the Recoupment Regulations
22
In regulation 2(1) of the Recoupment Regulations (relevant benefits) after sub-paragraph (c) there shall be inserted the following sub-paragraph —
ca
incapacity benefit;
.
Amendment of the Increases for Dependants Regulations 1994
23
After Part IV of the Increases for Dependants Regulations 1994 (consequential amendments) there shall be inserted the following Part —
PART V
TRANSITIONAL PROVISION
Effect of an increase of benefit under regulation 12, 13, 15, 19, 20, 24 or 25 of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995
16
Where a woman is entitled to an increase of benefit for a dependant in accordance with regulation 12, 13, 15, 19, 20, 24 or 25 of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995, regulation 9(1)(a) shall be treated for the purposes of the Contributions and Benefits Act as if such an increase was an increase of incapacity benefit prescribed in regulations made under section 86A of that Act.
.
Amendment of the Redundant Mineworkers Payments Orders
24
1
The Schedules to the Redundant Mineworkers Payments Orders shall each be amended in accordance with the following provisions of this regulation.
2
In article 1 after the definition of house there shall be inserted the following definition —
“incapacity benefit” means incapacity benefit payable under sections 30A, 40 and 41 of the Social Security Contributions and Benefits Act 1992 and by virtue of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995
.
3
In article 9 (additional weekly benefits payable) —
a
for paragraph (1) (b) there shall be substituted the following paragraph —
b
on any day not entitled to incapacity benefit for either of the reasons specified in paragraph (2) below
;
b
in paragraph (3) for the words “sickness benefit, invalidity benefit” there shall be substituted the words “incapacity benefit”.
PART III
TRANSITIONAL AND SAVINGS PROVISIONS
Claim or question concerning sickness or invalidity benefit to be determined after there appointed day
25
For the purpose of determining any claim or question concerning sickness or invalidity benefit which falls to be determined on or after the appointed day, the Contributions and Benefits Act, the Administration Act and any regulations made under them (other than the Social Security (Claims and Payments) Regulations 1987 shall be construed as if section 13(2) of the Social Security (Incapacity for Work) Act 1994 had not been enacted.
Recoupment of sickness or invalidity benefit
26
Where a determination is made on or after the appointed day concerning the recoupment of sickness or invalidity benefit, regulation 2 of the Recoupment Regulations shall be read as if the references to incapacity benefit in that regulation were references to sickness or invalidity benefit.
Reviews in respect of sickness or invalidity benefit
27
Where a decision relating to sickness or invalidity benefit is reviewed on or after the appointed day, regulations 65(1)(b) and (3)(A)(ii) of the Adjudication Regulations shall be read as if the references to incapacity benefit and short-term incapacity benefit in those regulations were references to invalidity benefit or sickness benefit.
Saving in respect of Credits
28
For the purpose of determining whether a person is entitled to be credited with earnings in respect of any period before the appointed day, regulation 9 of the Credits Regulations shall continue to have effect as if the amendments to those Regulation made by regulation 6 of these Regulations had not come into force.
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
20th March 1995
We consent,
Derek Conway
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Amendment Order 1995 and shall come into force on 30th June 1995.
2
In this Order “the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (Prescription Only) Order 1983 .
Amendment of article 3 of the principal Order
2
In article 3(1)(a) of the principal Order (medicinal products on prescription only), for “Article 4(1) to (1V)” there is substituted “Article 4(1) to (1Z)”.
Amendment of article 4 of the principal Order
3
In article 4 of the principal Order (medicinal products that are not prescription only), the following paragraphs are inserted after paragraph (1V): —
(1W) Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it consists of or contains the substance fluconazole where —
a
the medicinal product is indicated for oral administration for the treatment of vaginal candidiasis in persons aged not less than 16 nor more than 60 years;
b
it is sold or supplied in a container or package containing not more than 150 milligrams of the medicinal product; and
c
the container or package is labelled to show a maximum dose of 150 milligrams of fluconazole.
(1X) Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance hydroxyzine hydrochloride where —
a
the medicinal product is indicated for the management of pruritus associated with acute or chronic urticaria or atopic dermatitis or contact dermatitis, in adults and in children aged not less than 6 years;
b
it is sold or supplied in a container or package containing not more than 750 milligrams of the medicinal product; and
c
the container or package is labelled to show a maximum dose of 25 milligrams and a maximum daily dose of 75 milligrams in the case of adults and in children aged not less than 12 years and a maximum daily dose of 50 milligrams in the case of children aged not less than 6 nor more than 12 years.
(1Y) Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it contains the substance ketoconazole where —
a
the medicinal product is in the form of a shampoo;
b
the maximum strength of the ketoconazole in the medicinal product does not exceed 2 per cent. calculated in terms of weight in weight;
c
the medicinal product is indicated for the prevention and treatment of dandruff and seborrhoeic dermatitis of the scalp;
d
it is sold or supplied in a container or package containing not more than 120 millilitres of the medicinal product, containing not more than 2400 milligrams of ketoconazole; and
e
the container or package is labelled to show a maximum frequency of application of once every 3 days.
(1Z) Notwithstanding article 3(1)(a), a medicinal product shall not be a prescription only medicine by reason that it consists of or contains the substance pyrantel embonate where —
a
the medicinal product is indicated for the treatment of enterobiasis, in adults and in children aged not less than 2 years;
b
it is sold or supplied in a container or package containing not more than 750 milligrams of the medicinal product; and
c
the container or package is labelled to show a maximum daily dose (to be taken as a single dose) of pyrantel embonate of 750 milligrams in the case of adults and children aged not less than 12 years, of 500 milligrams in the case of children aged not less than 6 nor more than 12 years and of 250 milligrams in the case of children aged not less than 2 nor more than 6 years.
Amendment of Part I of Schedule 1 to the principal Order
4
In Part I of Schedule 1 to the principal Order (which lists substances which render a medicinal product a prescription only medicine except in the circumstances also listed) —
a
the following substances are inserted at the appropriate points in the alphabetical order of the substances listed in Column 1:
Azelastine Hydrochloride Lithium Succinate;
in relation to the substance Pseudoephedrine Hydrochloride, for the entry “180mg (MDD)” at (a) and at (b) in Column 4, there is substituted in both places the entry “240mg (MDD)”.
Amendment of Part III of Schedule 1 to the principal Order
5
In Part III of Schedule 1 to the principal Order (medicinal products, specified by name and product licence number, that are prescription only medicines), the following entries are omitted:
Ancoloxin 0021/5060 Debendox 0027/5001 Perstorp Dextrinomer Iodine 3863/0001.
Amendment of Table A of Part IV of Schedule 1 to the principal Order
6
In Table A of Part IV of Schedule 1 to the principal Order, (medicinal products, specified by name and product licence number, that are not prescription only medicines),:
a
the following entries are omitted:
Anflam Cream 0142/0190 Anflam Cream 0.5% 0142/0263 Anflam Ointment 0142/0191 Anflam Ointment 0.5% 0142/0262 CP Hydrocortisone Cream 0.5% 4543/0238 CP Hydrocortisone Cream 1% 4543/0239 CP Hydrocortisone Ointment 0.5% 4543/0236 CP Hydrocortisone Ointment 1% 4543/0237 Dermacort Hydrocortisone 0129/0076 Efcortelan P Cream 0004/0327 Efcortelan P Ointment 0004/0326 Evacort Cream 0039/0198 Kerfoot Hydrocortisone Cream 1% 0058/0092 Medicort Cream 3920/0010 Wasp-Eze Hydrocortisone Cream 0232/0058 Wasp-Eze Hydrocortisone Ointment 0232/0059 Zenoxone Ointment 0181/0032;
b
the following entries are inserted at the appropriate points in the alphabetical order of the medicinal products listed:
Efcortelan Eczema Cream 10949/0234 Efcortelan Eczema Ointment 10949/0235 Proctocream HC 0036/0065.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
23rd May 1995
John Redwood
Secretary of State for Wales
25th May 1995
Fraser of Carmyllie
Minister of State, The Scottish Office
25th May 1995
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 23rd May 1995.
F. A. Elliott
Permanent Secretary