text:
1
In rule 1, paragraph (2) shall be omitted and there shall be inserted —
2
A lay person shall be entitled to have his name entered on the roll of a parish if he is baptised, of sixteen years or upwards, has signed an application form for enrolment set out in Appendix I of these rules and declares himself either —
a
to be a member of the Church of England or of a Church in communion therewith resident in the parish; or
b
to be such a member and, not being resident in the parish, to have habitually attended public worship in the parish during a period of six months prior to enrolment; or
c
to be a member in good standing of a Church which subscribes to the doctrine of the Holy Trinity (not being a Church in communion with the Church of England) and also prepared to declare himself to be a member of the Church of England having habitually attended public worship in the parish during a period of six months prior to enrolment.
Provided that where a lay person will have his sixteenth birthday after the intended revision of the electoral roll or the preparation of a new roll but on or before the date of the annual parochial church meeting, he may complete a form of application for enrolment and his name shall be enrolled but with effect from the date of his birthday.
3
Where a person resides in an extra-parochial place he shall be deemed for the purposes of these rules to reside in the parish which it abuts, and if there is any doubt in the matter a determination shall be made by the bishop’s council and standing committee.
and paragraphs (3) to (9) shall be renumbered (4) to (11).
2
In rule 1, in paragraph (4) (as renumbered) the words “paragraph (2)” shall be omitted and there shall be inserted the words “paragraphs (2) and (3)”.
3
In rule 1, in paragraph (8) (as renumbered) the words from “No name” to the end shall be omitted and there shall be inserted the words “It shall be the duty of the electoral roll officer to keep the roll constantly up to date by the addition and removal of names as from time to time required by these rules and to report such additions and removals at the next meeting of the parochial church council.”
4
In rule 1, in paragraph (9)(d) (as renumbered) after the word “months”, there shall be inserted the word “habitually” and in paragraph (9)(e) after the word “not” where secondly occurring there shall be inserted the word “habitually”.
5
In rule 2, in paragraph (3) the words from “subject to” to the end shall be omitted and there shall be inserted the words —
During the period while the copy is so exhibited any errors and omissions in the roll may be corrected but subject thereto and to the provisions of rule 1(2), no names shall be added to or removed from the roll during the period in any year between the completion of the revision and the close of the annual parochial church meeting.
6
In rule 2, in paragraph (7) all words in the second sentence shall be omitted and there shall be inserted the words —
During the period while the copy is so exhibited any errors and omissions in the roll may be corrected but subject thereto and to the provisions of rule 1(2) no names may be added to or removed from the roll during the period in any year between the completion of the new roll and the close of the annual parochial church meeting.
7
Rule 4 shall be omitted and there shall be inserted —
4
Not later than the 1st June the chairman, vice-chairman, secretary or church electoral roll officer of the parochial church council shall notify in writing the secretary of the diocesan synod of the number of names on the roll of each parish as at the date of the annual meeting and a copy of such notification shall be affixed at or near to the principal door of every church in the parish and every building licensed for public worship in the parish when notification is sent to the secretary of the diocesan synod, and shall remain so affixed for a period of not less than fourteen days.
8
Rules 4A to 8 shall be re-numbered 5 to 9 and in rule 9 (as re-numbered) in paragraph (1) all words in sub-paragraph (a) shall be omitted and there shall be inserted —
a
a report on changes in the roll since the last annual parochial church meeting or, in a year in which a new roll is prepared, a report on the numbers entered on the new roll;
9
In rule 9 (as re-numbered), in paragraph (2) after the word “cause” there shall be inserted the words “a copy of the said roll to be available for inspection at the meeting and shall cause”.
10
In rule 9 (as re-numbered), paragraphs (4) and (5) shall be omitted and there shall be inserted —
4
The annual meeting shall in the manner provided by rule 11 —
a
elect in every third year parochial representatives of the laity to the deanery synod;
b
elect parochial representatives of the laity to the parochial church council;
c
appoint sidesmen;
d
appoint the auditor to the Council who shall not be a member of the council;
and the elections and appointments shall be carried out in the above order.
and paragraphs (6) to (9) shall be renumbered as paragraphs (5) to (8).
11
Rule 9 shall be renumbered rule 10 and in that rule, paragraphs (1), (1A) and (1B) shall be omitted and there shall be inserted —
1
Subject to the provisions of rule 1(4) and paragraph (3) of this rule, the qualifications of a person to be elected a parochial representative of the laity to either the parochial church council or the deanery synod are that —
a
his name is entered on the roll of the parish;
b
he is an actual communicant as defined in rule 54(1); and
c
in the case of election to the parochial church council, he is of sixteen years or upwards, and in the case of his election to the deanery synod, he is of eighteen years or upwards.
12
In rule 10 (as renumbered), in paragraph (2) the word “elected” shall be omitted and there shall be inserted the word “appointed”.
13
In rule 10 (as renumbered), paragraph (3) shall be omitted and there shall be inserted —
3
No person shall be nominated for election under rule 9 —
a
to serve on either the parochial church council, or the deanery synod unless he has signified his consent to serve, or there is in the opinion of the meeting sufficient evidence of his willingness to serve;
b
to serve on the parochial church council, if he has been disqualified from serving on that parochial chuch council by the bishop under section 10(6) of the Incumbents (Vacation of Benefices) Measures 1977 and 1993;
c
to serve on the parochial church council if he is disqualified from being a charity trustee under the Charities Act 1993
.
14
Rule 10 shall be renumbered as rule 11 and in paragraph (1) of that rule all words from the beginning to “10A and” shall be omitted and there shall be inserted the words “Subject to the provisions of any resolution under rule 12” and, in paragraph (8) of that rule the present paragraph shall be lettered (a) and, at the end there shall be inserted —
b
When an election or any stage of an election is recounted, either on appeal or at the request of the presiding officer or of a candidate, if the original count and the re-count are identical at the point when a lot must be drawn to resolve a tie, the original lot shall be used to make the determination.
15
Rule 10A shall be renumbered as rule 12 and, in paragraphs (1) and (2) of that rule the words “make a scheme” shall be omitted and there shall be inserted the words “pass a resolution”.
16
In rule 12 (as renumbered), paragraph (4) shall be omitted and there shall be inserted —
4
A resolution passed under this rule shall be invalid unless approved by at least two thirds of the persons present and voting at the annual meeting nor shall it be operative until the next ensuing annual meeting. Such resolution may be rescinded by a subsequent resolution passed in the same manner.
17
Rules 11 and 12 shall be renumbered as rules 13 and 14 and in rule 14 (as renumbered)
a
in paragraph (1) after the words “rule 1(4)” there shall be inserted the words “and paragraph (3) of this rule,”; and
b
in paragraph (1)(c) the words “actual communicant members of the Church of England” shall be omitted and there shall be inserted the words “actual communicants”.
18
In rule 14 (as renumbered)
a
all words in paragraph 1(d) shall be omitted and there shall be inserted the words —
d
such, if any, of the readers who are licensed to that parish or licensed to an area which includes that parish and whose names are on the roll of the parish as the annual meeting may determine.
; and
b
in paragraph 1(g) the words “actual lay communicant members of the Church of England of seventeen” shall be omitted and there shall be inserted the words “actual lay communicants of sixteen” and in paragraph 2 the words “actual communicant member of the Church of England” shall be omitted and there shall be inserted the words “actual communicant”.
and paragraphs (1A) to (4) shall be renumbered as paragraphs (2) to (5).
19
In rule 14 (as renumbered), paragraph (3) as renumbered shall be omitted and there shall be inserted —
3
A person shall cease to be a member of a parochial church council —
a
if his name is removed from the roll of the parish under rule 1, on the date on which his name is removed;
b
if he refuses or fails to apply for enrolment when a new roll is being prepared, on the date on which the new roll is completed;
c
if he is disqualified from being a charity trustee under the Charities Act 1993 or from serving on that parochial church council by the bishop under section 10(6) of the Incumbents (Vacation of Benefices) Measures 1977 and 1993, on the date on which the disqualification takes effect;
but, so far as the provisions of (a) and (b) above are concerned, shall be without prejudice to any right which that council may have to make that person a co-opted member.
20
Rules 13 to 17A shall be renumbered as rules 15 to 20 and
a
in rule 18 (as renumbered) paragraphs (5A) to (10) shall be renumbered as paragraphs (6) to (11); and
b
in rule 20 (as renumbered), in paragraph (1) sub-paragraph (a) shall be omitted and there shall be inserted —
a
for establishing a team council comprising —
i
the team rector;
ii
the members of the team other than the team rector;
iii
every assistant curate, deaconess and lay worker licensed to a parish within the team who are not members of the team;
iv
such number of lay representatives elected by and from among the lay representatives of the parochial church council of each parish in the area as may be specified in the scheme.
Provided that where the total number of persons in sub-paragraphs (ii) and (iii) above would otherwise number more than one quarter of the total membership of the team council they may, and where those persons number more than one third they shall select among themselves which members shall be members of the team council so that the total number of those persons shall not exceed more than one third of the council.
21
Rules 17B to 19 shall be renumbered as rules 21 to 24 and in rule 24 (as renumbered), all words in paragraphs (2)(d) and (2)(e) shall be omitted and there shall be inserted —
d
such other clerks in Holy Orders holding the bishop’s licence to work throughout the diocese or in more than one deanery and resident in the deanery subject to any direction which may be given by the members of the House of Clergy of the bishop’s council that, having regard to the number of parochial and non-parochial clergy in the deanery, such clerk shall have membership of a specified deanery synod other than the deanery where he resides provided that no person shall thereby be a member of more than one deanery synod in the diocese.
e
one or more retired clerks in Holy Orders who are in receipt of a pension in accordance with the provisions of the Clergy Pensions Measure 1961 at the relevant date.One clerk may be elected or chosen for every ten retired clerks or part thereof, elected or chosen in such manner as may be approved by the bishop by and from the retired clerks who are in receipt of such a pension, are resident in the deanery and do not hold the licence of the bishop.
and paragraphs (2A) to (4) shall be renumbered as paragraphs (3) to (7).
22
In rule 24 (as renumbered), all words in paragraph (6)(d) (as renumbered) shall be omitted and there shall be inserted —
d
the deaconesses and lay workers licensed by the bishop to work in any part of the deanery;
e
such other deaconesses or lay workers holding the bishop’s licence to work throughout the diocese or in more than one deanery and resident in the deanery subject to any direction which may be given by the members of the House of Laity of the bishop’s council that, having regard to the number of deaconesses or lay workers in the deanery, such person shall have membership of a specified deanery synod other than the deanery where they reside provided that no person shall thereby be a member of more than one deanery synod in the diocese.
.
23
Rule 20 shall be renumbered as rule 25 and,
a
in paragraph (2) of that rule all words after “rule 4” shall be omitted and there shall be inserted the words “provided that such resolution shall not make it possible for a parish with fewer than 26 names on the roll to have more than one representative”; and
b
in paragraph (5) of that rule all words from the beginning to “preceding rule” shall be omitted and there shall be inserted the words “A direction by the appropriate members of the Bishop’s Council making provision under rule 24(2)(d) or 24(6)(e)”.
24
Rules 21 to 23A shall be renumbered as rules 26 to 29 and in rule 29 (as renumbered) the paragraph shall be numbered (1) and at the end there shall be inserted —
2
The diocesan electoral registration officer shall not later than twenty one days before the nomination papers are circulated send a copy of the names and addresses of clerical electors and lay electors as recorded by him to the secretary of the deanery synod of which those electors are members and the secretary of the deanery synod shall within seven days of receipt certify in writing to the electoral registration officer that the names and addresses are correct or notify him in writing of any necessary corrections.
3
The diocesan electoral registration officer shall, not later than seven days before nomination papers are circulated, send a copy of the corrected names and addresses of electors to the appropriate presiding officer in the election.
.
25
Rules 24 and 25 shall be renumbered as rules 30 and 31 and
a
in rule 30 (as renumbered) paragraphs (1A) to (5) shall be renumbered as paragraphs (2) to (7);
b
in rule 30(5)(c) (as renumbered) the words “actual communicant members of the Church of England” shall be omitted and there shall be inserted the words “actual communicants”;
c
in rule 30 (as renumbered) leave out the words “excluding the registrar of the diocese (if so elected)” from paragraphs (4)(a)(iv) and (5)(a)(iii);
d
in rule 30 (as renumbered) at the end there shall be inserted —
8
The registrar of the diocese and any deputy registrar of the diocesan synod shall be disqualified from standing for election to the diocesan synod or from being a nominated, co-opted or ex officio member of that synod.
; and
e
in rule 31 (as renumbered), in paragraph (2) the words “or is working or residing in the deanery” shall be omitted and the words “other than the co-opted members” shall be omitted and there shall be inserted the words “being the persons referred to in rule 24(2) and not including the persons co-opted to the deanery synod under rule 24(7)”.
26
In rule 31 (as renumbered), in paragraph (3) the words “member of the Church of England” shall be omitted and there shall be inserted the words “as defined in rule 54(1)” and all words after “other than” shall be omitted and there shall be inserted the words “persons co-opted to the deanery synod under rule 24(7)”. and paragraphs (3A) to (7) shall be renumbered as paragraphs (4) to (9).
27
In rule 31 (as renumbered), paragraph (7) as renumbered shall be omitted and there shall be inserted —
7
For the purpose of such determination by the diocesan synod, the secretary of every deanery synod shall, not later than the 1st June, certify to the secretary of the diocesan synod the number of members of the house of clergy of the synod as at the 30th April.
.
28
In rule 31 (as renumbered), in paragraph (8) as renumbered the words “two houses” shall be omitted and there shall be inserted the words “houses of clergy and laity”.
29
Rule 26 shall be renumbered as rule 32 and, in paragraph (2) of that rule the words “of a deanery synod” shall be omitted.
and paragraphs (2A) to (8) shall be renumbered as paragraphs (3) to (10).
30
In rule 32 (as renumbered), in paragraph (4) as renumbered all words after “shall be” where secondly occurring shall be omitted and there shall be inserted the words “delivered either by post, by facsimile transmission or in person to the presiding officer of the area within such period, being a period of not less than fourteen days ending on a date specified by the presiding officer, provided that where a nomination paper has been sent by facsimile transmission the name of the candidate shall not appear on the voting paper unless the original nomination paper has been received by the presiding officer within three days of the closing date for nominations.The nomination form shall be accompanied by a statement signed by the candidate stating his willingness to serve if elected and, if he so desires, setting out in not more than 100 words a factual statement for circulation with the voting papers of the candidate’s professional qualifications, present office and any relevant past experience.”.
31
In rule 32 (as renumbered), paragraph (5) as renumbered shall be omitted and there shall be inserted —
5
It shall be the duty of the presiding officer —
a
to scrutinise nomination papers as soon as they have been lodged and shall, without delay, inform the candidate concerned whether the nomination is valid.Where the nomination is invalid the presiding officer shall give his reasons for so ruling and if, by the close of the nomination period, no valid nomination is received, the candidate shall be excluded from the election;
b
to supply free of charge to a duly nominated candidate in the election one copy of the names and addresses of the qualified electors within seven days of receiving his written request.
.
32
Rules 27 to 29 shall be renumbered as rules 33 to 35 and in rule 35 (as renumbered), paragraphs (1A) to (5) shall be renumbered as paragraphs (2) to (6) and in paragraph (3) as renumbered all words after “other than” where secondly occurring shall be omitted and there shall be inserted the words —
a
persons co-opted to the deanery synod under rule 24(7); or
b
persons who are lay members of a religious community with separate representation in the General Synod under paragraph (1)(b) of this rule.
.
33
In rule 35 (as renumbered), in paragraph (4)(a) as renumbered all words after “communicant” shall be omitted and there shall be inserted the words “as defined in rule 54(1)”.
34
Rules 30 and 31 shall be renumbered as rules 36 and 37 and
a
in rule 36 (as renumbered) paragraphs (1A) to (4) shall be renumbered as paragraphs (2) to (5); and
b
in rule 37 (as renumbered), in paragraph (1) the words “paragraphs (1A) and (1B)” shall be omitted and there shall be inserted the words “paragraph (2)” and in sub-paragraph (a) all words after “communicant” shall be omitted and there shall be inserted the words “as defined in rule 54(1)”.
35
In rule 37 (as renumbered), paragraph (1A) shall be omitted and paragraphs (1B) and (2) and shall be renumbered as paragraphs (2) and (3).
36
Rules 32 and 33 shall be renumbered as rules 38 and 39 and in rule 39 (as renumbered), paragraph (2A) shall be omitted and there shall be inserted —
3
On receipt of the names and addresses of the qualified electors from the diocesan electoral registration officer the presiding officer shall ensure that in respect of the election —
i
those persons are sent or given nomination papers; and
ii
only such persons are sent or given voting papers at the address entered against their names in the register of electors.
The presiding officer shall also send nomination papers to any other person who requests them.
37
In rule 39 as (renumbered) paragraphs (3) to (6B) shall be omitted and there shall be inserted —
4
Every candidate must be nominated and seconded by diocesan electors qualified to vote in the area in which the candidate is seeking to be elected. All nominations shall be in writing, shall include the year of the candidate’s birth and shall be delivered either by post, by facsimile transmission or in person to the presiding officer of the area, together with evidence of the candidate’s consent to serve, within such period, being a period of not less than twenty-eight days ending on a date specified by the presiding officer, provided that where a nomination paper has been sent by facsimile transmission the name of the candidate shall not appear on the voting paper unless the original nomination paper has been received by the presiding officer within three days of the closing date for nominations.
5
It shall be the duty of the presiding officer —
a
to scrutinise nomination papers as soon as they have been lodged and he shall, without delay, inform the candidate concerned whether the nomination is valid.Where the nomination is invalid the presiding officer shall give his reasons for so ruling and if, by the close of the nomination period, no valid nomination is received, the candidate shall be excluded from the election;
b
to supply free of charge to a duly nominated candidate in the election one copy of the names and addresses of the qualified electors within seven days of receiving his written request.
6
If any of the candidates so request the presiding officer shall despatch to every elector election addresses from those candidates being not more than one sheet of A4 paper. Sufficient copies of the addresses shall be provided by the candidates at their own expense and be delivered to the presiding officer by such date as he shall determine being not less than seven days after the close of nominations. The presiding officer shall be under no obligation to despatch to electors election addresses which are received after the due date or which are not in the prescribed form.
7
It shall be the duty of the presiding officer in any election under these rules to seek to ensure that during the period beginning with the date on which nominations are invited and ending on the last date for the return of voting papers, no papers or other literature except election addresses prepared by the candidates under paragraph 6 of this rule shall be circulated to the electors by him or by or under authority of the diocesan synod or the deanery synod or distributed at a synod meeting which in his opinion are likely to prejudice the election. The rural dean and the lay chairman and secretary of the deanery synod shall also be under a duty to seek to ensure that during the election period no papers or other literature form part of an official circulation or are distributed at a synod meeting which in the opinion of any of them are likely to prejudice the election.
8
Subject to rule 51, if more candidates are nominated for any area than there are seats to be filled, the election shall be conducted by voting papers by the method of the single transferable vote under rules to be made from time to time as provided by the Standing Orders of the General Synod.Every voting paper, which shall include the year of birth of each candidate, shall be marked and signed on the reverse thereof by the elector and shall be returnable to the presiding officer within such period, being a period of not less than twenty-one days after the date on which the voting paper is issued, as that officer may specify, provided that a voting paper sent by facscimile transmission shall not be counted as a valid vote.
9
A candidate or a person nominated by him has the right to be present at the counting of the votes in order to scrutinise the count but shall take no part in it. The presiding officer shall give not less than seven days notice in writing to each candidate of the time and place at which the votes are to be counted.
10
Where within seven days of a count being completed the presiding officer is of the opinion that a recount should take place because of a possible irregularity or inaccuracy in the count, he may, with the concurrence of the registrar of the province, order such a recount and shall give notice in writing to each candidate of the time and place at which the votes are to be recounted.
11
A full return of the result of any election and of the result sheet shall be sent by the presiding officer within four working days of the declaration of the result to every candidate in the election and to the Secretary General of the General Synod who shall cause it to be examined by an election scrutineer appointed by the Standing Committee of the General Synod. The scrutineer shall have power within ten days of the declaration of the result to order a recount of the voting papers if in his opinion this might be material to the result of the election.
12
The result sheet shall be publicly displayed in the diocesan office in such manner as the bishop may approve and at the General Synod office until the end of the first group of sessions of the new Synod as the Secretary General may direct.
and paragraph (7) shall be renumbered as paragraph 13.
38
Rules 33A and 34 shall be renumbered as rules 40 and 41 and
a
in rule 40 (as renumbered) in paragraph (2) the words “section 1 of the Ecclesiastical Fees Measure 1962” shall be omitted and the words “the Ecclesiastical Fees Measure 1986” shall be inserted; and
b
in rule 41 as renumbered, the words “or as” shall be omitted and there shall be inserted the words “or to their continuing to be” and the title to the rule shall be omitted and there shall be inserted as title “Term of office of membership of General Synod and other bodies”.
39
Rule 35 shall be renumbered as rule 42 and
a
at the end of paragraph (1) of that rule there shall be inserted — “(f) the Chairman of the Church of England Pensions Board.”; and
b
in rule 42(2) (as renumbered) the words “actual lay communicant members of the Church of England” shall be omitted and there shall be inserted the words “actual lay communicants”.
40
In rule 42 (as renumbered), in paragraph (4) after the word “dissolution” where secondly occurring there shall be inserted the words
or to their continuing to be ex-officio members of other bodies constituted under these rules during that period:
41
Rules 36 and 36A shall be renumbered as rules 43 and 44 and in rule 44 (as renumbered), in paragraph (2)(c) all words after “House of Laity” where thirdly occurring shall be omitted and there shall be inserted the words —
as specified in paragraph (5) of this rule.
.
42
In rule 44 (as renumbered), at the beginning of paragraph (4) there shall be inserted the words
subject to paragraph (6) of this rule
.
43
In rule 44 (as renumbered), after paragraph 4 there shall be inserted —
5
The Chairman and Vice-Chairman of the House of Laity of the General Synod shall each have a right of appeal under this rule in accordance with paragraph (1) of this rule in respect of any election to the House of Laity of the General Synod in either of the Provinces of Canterbury and York and he shall give notice in writing of such appeal to the presiding officer concerned not later than three months after the result of the election has been declared by the said presiding officer. Provided that if the office of Chairman or Vice-Chairman is vacant when the result of the election is published the person who last held office shall be deemed to hold that office for the purposes of this rule.
and paragraphs (5) to (10) shall be renumbered as paragraphs (6) to (11)
44
In rule 44 (as renumbered), in paragraph (9) (as renumbered) the words “as provided by paragraph (2)(c) above or where” shall be omitted and there shall be inserted the words “under paragraph (5) of this rule or where he or”.
45
In rule 44 (as renumbered), at the end of paragraph (10) (as renumbered) there shall be inserted the words “who shall appoint three or a greater number, being an odd number, of their lay members to consider and decide the appeal.”.
46
In rule 44 (as renumbered), after paragraph (11) (as renumbered) there shall be inserted —
12
Where an appeal is pending under this rule in respect of an election to any synod any person who was declared elected in accordance with rule 33 but whose election is or may be affected by the appeal shall for all purposes be deemed to be a member of that Synod until the appeal is heard and disposed of.
.
47
Rules 36B to 39 shall be renumbered as rules 45 to 48 and in rule 48 (as renumbered), at the end of paragraph (3) there shall be inserted the words “The qualifying date for diocesan electors shall be determined in accordance with rule 35(5).”.
48
In rule 48 (as renumbered), in paragraph (5)(c) all words after sub-paragraph (ii) shall be omitted and there shall be inserted the words “the election to fill the casual vacancy shall be conducted by those papers in accordance with paragraph (6) of this rule.”.
49
In rule 48 (as renumbered), in paragraph (6) all words from the beginning to “an election shall” shall be omitted and there shall be inserted the words “Where an election is to”.
50
In rule 48 (as renumbered), in paragraph (7) after the word “completed” there shall be inserted the words “so far as possible” and paragraph (10) shall be omitted and paragraphs (11) and (12) shall be renumbered (10) and (11).
51
Rules 40 to 44 shall be renumbered as rules 49 to 54 and in rule 54 (as renumbered),
a
in paragraph (1) the definitions of “actual communicant member of the Church of England” and “actual communicant member of a Church in communion with the Church of England” shall be omitted and there shall be inserted —
“actual communicant” means a person who has received Communion according to the use of the church of England or of a Church in communion with the Church of England at least three times during the twelve months preceding the date of his election or appointment being a person whose name is on the roll of a parish and is either —
confirmed or ready and desirous of being confirmed; or
receiving the Holy Communion in accordance with the provisions of Canon B 15A paragraph 1(b)
.
b
in paragraph (c) in the definition of “minister” the words “scheme under the Pastoral Measure 1968” shall be omitted and there shall be inserted the words “pastoral scheme or order”; and
b
in the definition of “parish” at the end there shall be inserted the words —
c
in relation to the Diocese in Europe, a chaplaincy which is constituted as part of the diocese.
.
52
In Appendix I, Section 1 shall be omitted and there shall be inserted —
Section 1
53
In Appendix I, in sections 2 and 3 the paragraph beginning “Under the Church Representation Rules” shall be omitted and there shall be inserted —
Under the Church Representation Rules any persons are entitled to have their names entered on the roll, if they —
i
are baptized and aged 16 or over;
ii
have signed a form of application for enrolment;
ii
and either
iii
are members of the Church of England or of any Church in communion with the Church of England being resident in the parish or (not being resident in the parish) having habitually attended public worship in the parish during the six months prior to the application for enrolment; or;
iv
are members in good standing of a Church (not in communion with the Church of England) which subscribes to the doctrine of the Holy Trinity declaring themselves to be also members of the Church of England and having habitually attended public worship in the parish during the period of six months prior to enrolment.
54
In Appendix I, in section 4 the words “For the election of sidesmen” shall be omitted and there shall be inserted the words “For the appointment of sidesmen”.
55
In Appendix I, in section 4, paragraph (a) where first occurring shall be omitted and there shall be inserted —
a
A report on changes in the Roll since the last annual parochial church meeting.
and before the words “All persons” the word “Notes” shall be inserted and the paragraph beginning “All persons” shall be numbered “1”.
56
In Appendix I, in section 4, the two paragraphs beginning “Subject to” and the paragraph beginning “Any person” shall be omitted and there shall be inserted —
2
Subject to the provisions of rule 12(2)(c), a person is qualified to be elected a parochial representative of the laity if —
a
his name is entered on the church electoral roll of the parish;
b
he is an actual communicant which means that he has received Communion according to the use of the Church of England or of a Church in communion with the Church of England at least three times during the twelve months preceding the date of the election; and
c
he is of eighteen years or upwards (for election to the deanery synod) or of sixteen years or upwards (for election to the parochial church council).
3
Any person whose name is on the electoral roll may be appointed as a sidesman.
And the paragraph beginning “A scheme” shall be numbered as paragraph 4.
57
In Appendix I, in sections 5 and 6 the words “and members who were elected pursuant to rule 9(1B)” shall be omitted.
58
In Appendix I, in section 6 in the space for surname, Christian name and address there shall be inserted a column headed “Year for Birth”.
59
In Appendix I, in section 7 and 8, in the space headed “candidates' names, addresses” add “and year of birth”.
60
In Appendix II , in paragraph 1(e) after the word “discharged” there shall be inserted the words “by some other fit person or”.
61
In Appendix II, paragraph 1(g) shall be omitted and there shall be inserted —
g
If an auditor to the Council is not appointed by the annual meeting or if an auditor appointed by the annual meeting is unable or unwilling to act, an auditor (who shall not be a member of the Council) shall be appointed by the Council.The remuneration (if any) of the auditor shall be paid by the Council.
62
In Appendix II, paragraph 12(d) shall be omitted and there shall be inserted —
d
Minutes of meetings of the council shall be available to all members of the Council.The members shall also have access to past minutes which the Chairman and Vice-Chairman jointly determine to be relevant to current Council business.
e
The auditor of the Council’s accounts, the bishop and the archdeacon or a person authorised by one of them in writing shall have access to the approved minutes of council meetings without the authority of the Council.
f
Other persons whose names are on the church electoral roll may have access to the approved minutes of Council meetings held after the annual parochial church meeting in 1995 except any minutes deemed by the Council to be confidential.
g
Other persons may have access to the minutes of Council meetings only in accordance with a specific authorisation of the Council provided that, where minutes have been deposited in the diocesan record office pursuant to the Parochial Registers and Records Measure 1978, the authorisation of the council may be dispensed with.
.
Amendments to the Rules consequent on the Renumbering
63
The amendments to the Rules set out in the Schedule to this resolution which are required as a consequence of the renumbering of the Rules shall have effect.
Citation, interpretation and commencement
64
1
This resolution may be cited as the Church Representation Rules (Amendment) Resolution 1994; and Church Representation Rules (Amendment) Resolutions 1973 to 1989 and this Resolution may be cited together as the Church Representation Rules (Amendment) Resolutions 1973 to 1994.
2
Any reference in this Resolution to a numbered rule or Appendix is a reference to the rule or Appendix, as the case may be, bearing that number in the Church Representation Rules, as amended by the Church Representation Rules (Amendment) Resolutions 1973 to 1989, by the Diocese in Europe Measure 1980, and by the Care of Churches and Ecclesiastical Jurisdiction Measure 1991.
3
This Resolution shall come into force on the first day of January 1995.
P J C Mawer
Secretary-General
29th November 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Worthing Priority Care National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 6th October 1994.
2
In this Order —
“the Authority” means the Worthing District Health Authority;
“the Trust” means the Worthing Priority Care National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 31st March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th October 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
8th September 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the St. Mary’s Music School (Aided Places) Amendment Regulations 1994 and shall come into force on 1st August 1994.
2
In these Regulations, “the principal Regulations ” means the St. Mary’s Music School (Aided Places) Regulations 1989 .
3
A schedule, paragraph or sub-paragraph referred to by number in these Regulations means a schedule, paragraph or sub-paragraph so numbered in the principal Regulations.
Amendment of Scheme for Aided Places set out in Schedule 1 to the principal Regulations
2
In paragraph 13 of Schedule 1 (remission of fees-boarding pupils) —
a
in sub-paragraph (2), for the sum of “£8,196” there shall be substituted the sum of “£8,276”; and
b
in sub-paragraph (3), for the Table there shall be substituted the following Table: —
TABLE
(1) (2) (3) Part of relevant income to which the specified percentage applies Only aided pupil Each of two aided pupils
That part which exceeds £8,127 but does not exceed £10,260 10% 7.5% That part (if any) which exceeds £10,260 but does not exceed £14,417 20% 15% That part (if any) which exceeds £14,417 10% 7.5%
.
3
In paragraph 14 of Schedule 1 (remission of fees-day pupils) —
a
in sub-paragraph (2), for the sum of “£10,307” there shall be substituted the sum of “£10,409”; and
b
in sub-paragraph (3), for the sum of “£10,158” there shall be substituted the sum of “£10,260”.
4
In paragraph 18 of Schedule 1 (clothing grants) —
a
for sub-paragraph (3), there shall be substituted the following sub-paragraph: —
3
Unless an aided pupil has been a pupil at the school before taking up an aided place, in a pupil’s first year at the school clothing grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £10,765, and in such case the grant shall be of an amount equal to so much of the clothing expenditure as does not exceed —
a
£165, where the relevant income does not exceed £9,450;
b
£123, where that income exceeds £9,450 but does not exceed £9,889;
c
£81, where that income exceeds £9,889 but does not exceed £10,314;
d
£41, where that income exceeds £10,314 but does not exceed £10,765:
provided that any clothing grant which would fall to be paid in pursuance of this sub-paragraph in a pupil’s first aided year at the school may be paid during the two months immediately preceding that year.
; and
b
for sub-paragraph (4), there shall be substituted the following sub-paragraph: —
4
Except where sub-paragraph (3) applies, clothing grant shall be payable in the case of an aided pupil as respects whom the relevant income does not exceed £10,314, and in such case the grant shall be of an amount equal to so much of the clothing expenditure (disregarding expenditure in respect of which a previous grant has been paid) as does not exceed —
a
£62, where the relevant income does not exceed £9,617;
b
£30, where that income does not exceed £10,314.
.
5
In sub-paragraph (1) of paragraph 24 of Schedule 1 (amount of school travel grants) —
a
in paragraph (a), for the sum of “£9,535” there shall be substituted the sum of “£9,629”; and
b
in paragraph (b), for the sum of “£9,356” there shall be substituted the sum of “£9,450”.
James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
8th July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Papworth Hospital National Health Service Trust (Transfer of Trust Property) (No. 2) Order 1994 and shall come into force on 17th November 1994.
2
In this Order —
“the Authority” means the Huntingdon Health Authority;
“the Trust” means the Papworth Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 28th July 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 17th November 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
19th October 1994


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 1994 and shall come into force on 13th April 1994.
2
In this Scheme —
“the operative date” means 13th April 1994;
“the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982 ; and
“lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme.
Amendment of article 5 of the principal Scheme
2
Paragraph (2) of article 5 of the principal Scheme shall be amended by substituting for the words “14th April 1993” the words “13th April 1994”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 to the principal Scheme (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies and table of loss of earnings and corresponding rate of lesser incapacity allowance) there shall be substituted the Schedule set out in the Schedule to this Scheme.
Transitional provision relating to amount of allowance payable
4
1
Paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of earnings required by article 7(2) of the principal Scheme had not been made by that date.
2
In such a case as is referred to in paragraph (1) above the beneficiary shall be treated as entitled, from the operative date, to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.
Transitional provision relating to claims not made before the operative date
5
1
Paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme.
2
Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall —
a
in so far as it relates to the period from 14th April 1993 to 12th April 1994 inclusive, be paid at the rate shown in the first column of Part I of Schedule 1 to the principal Scheme which corresponds to the rate awarded to him for the period after the operative date; and
b
in so far as it relates to a period before 14th April 1993, be paid at the rate or rates then in force which corresponds or correspond to the rate awarded to him for the period after the operative date.
Transitional provision relating to claims made but not determined before the operative date
6
1
Paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance was made but not determined before the operative date.
2
Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall be paid at the rate or rates in force for the allowance for that period which corresponds or correspond with that person’s loss of earnings.
Transitional provision relating to review and appeal
7
Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reviewed by the adjudication officer in the light of the amendments made by, and transitional provisions contained in, this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
3rd March 1994
We consent,
Irvine Patnick
Andrew Mackay
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 1994


text:
Title and commencement
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Amendment) Order 1994 and shall come into force on the day after the day on which it is made.
Amendments to the Diseases of Animals (Approved Disinfectants) Order 1978
2
The Diseases of Animals (Approved Disinfectants) Order 1978 shall be amended as follows —
a
for the provisions of Schedule 1 to that Order (which lists disinfectants approved by the Minister) there shall be substituted the Schedule set out in Schedule 1 to this Order;
b
for the provisions of Schedule 2 to that Order (which lists disinfectants subject to transitional provisions) there shall be substituted the Schedule set out in Schedule 2 to this Order; and
c
in article 6(2) of that Order (which specifies the date until which the disinfectants subject to transitional provisions remain approved) for the words “31st December 1993” there shall be substituted the words “30th June 1995”. Revocations
3
The Diseases of Animals (Approved Disinfectants) (Amendment) Order 1993 and the Diseases of Animals (Approved Disinfectants) (Amendment) ( No. 2) Order 1993 are hereby revoked.
Angela Browning
Parliamentary Secretary
Ministry of Agriculture,
Fisheries and Food
16th November 1994
Hector Monro
Parliamentary Under Secretary of State,
Scottish Office
16th November 1994
Signed by order of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State
Welsh Office
21st November 1994


text:
General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Exchange Gains and Losses (Alternative Method of Calculation of Gain or Loss) Regulations 1994.
2
These Regulations shall come into force on 23rd March 1995.
3
In these Regulations “the 1993 Act ” means the Finance Act 1993.
Assets etc. held in exempt circumstances
Reduction in exchange gains and losses
2
1
This regulation applies in any case where an asset, liability or contract is held or owed during the whole or part of an accrual period “the current period”) by a company wholly or partly in exempt circumstances.
2
In any case where this regulation applies, the amount of the initial exchange gain or initial exchange loss which, apart from this regulation, would accrue to the company as respects that asset, liability or contract for the current period shall be found in accordance with the alternative method of calculation but subject to paragraph (5) below.
3
The accrued amount for each day in that period during which the asset, contract or liability is wholly held or owed in exempt circumstances shall be reduced to nil.
4
In any case where during an accrual period an asset, contract or liability is held or owed —
a
partly for the purposes of long term insurance business, mutual insurance business or the occupation of commercial woodlands, and
b
partly for other purposes (not also being exempt),
the accrued amount for each day in that period shall be correspondingly apportioned between the different purposes, and the amount so apportioned to the purposes of long term insurance business, mutual insurance business or the occupation of commercial woodlands (as the case may be) shall be reduced to nil.
5
In any case where —
a
at any time during the current period there is a major change in the extent to which the asset, contract or liability is held or owed, or is not held or owed, in exempt circumstances, and
b
there is a significant change in the rate of exchange relevant to the computation of the accrued amounts during that period, and
c
that time is not (disregarding this regulation) a translation time as respects the asset, liability or contract,
then the initial exchange gain or loss as respects the asset, contract or liability for the current period shall be calculated as if that time were a translation time, (but not so as to create more than one accrual period), so that separate calculations are made for different parts of the period and paragraphs (3) and (4) above (if applicable) are applied separately in relation to each such part.
6
This regulation does not apply in relation to any gain which is treated as a non — trading exchange gain by virtue of section 140(9) of the 1993 Act.
Unremittable income
Reduction in exchange gains and losses
3
1
This regulation applies in any case where —
a
an asset falling within section 153(1)(a) or (b) of the 1993 Act is held by a company, and
b
income represented by the asset is unremittable on any day which falls in an accrual period for that asset.
2
In any case where this regulation applies, the amount of the initial exchange gain or initial exchange loss which, apart from this regulation, would accrue to the company as respects the asset for the period in question shall, subject to paragraphs (3) and (4) below, be found in accordance with the alternative method of calculation.
3
The accrued amount for each day in that period during which the income is unremittable shall —
a
if all the income represented by the asset is unremittable on that day, be reduced to nil, or
b
if only a proportion of the income represented by the asset is unremittable on that day, be reduced by a corresponding proportion.
4
Where income which has been unremittable during an accrual period becomes remittable at any time during that period, the initial exchange gain or loss as respects the asset for that period shall be calculated as if the time when income becomes remittable were a translation time, (but not so as to create more than one accrual period), so that —
a
separate amounts are found for different parts of the period, and
b
paragraph (3) above is applied in relation to each such amount.
Matching
Interpretation
4
1
This regulation has effect for the interpretation of regulations 5 to 11.
2
In those regulations —
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 ;
“the 1992 Act ” means the Taxation of Chargeable Gains Act 1992 ;
“accounts”, in relation to a company, means the accounts of the company prepared in accordance with normal accountancy practice being either —
the annual accounts of the company prepared in accordance with Part VII of the Companies Act 1985 , or
if the company is not required to prepare such accounts, the accounts which it is required to keep under the law of its home State or, if it is not so required to keep accounts, such of its accounts as most closely correspond to accounts which it would have been required to prepare if the provisions of that Part applied to the company;
“a local currency election” means an election under the Local Currency Elections Regulations 1994 ;
“chargeable gain” has the same meaning as it has for the purposes of the 1992 Act;
“a liability” means —
a liability falling within section 153(2)(a) of the 1993 Act, or
in relation to a currency contract held by a company, the duty of the company under that contract to pay in exchange for one currency an amount of a second currency;
and in relation to a currency contract references to initial exchange gains or losses shall be construed as references to initial exchange gains or losses accruing as regards the second currency.
3
For the purposes of this regulation and regulations 5 to 11, any reference to an asset being matched in part only shall include a reference to any asset matched in accordance with an election under regulation 10(2)(c).
4
A liability is matched by an asset at any time only to the extent that the value of the liability at that time is matched by the value of the asset at that time and, subject to that, if the election concerned is made under regulation 10(2)(c) so that the asset is matched in part only, the liability shall be taken to be matched only to a corresponding extent.
5
The value of a company’s asset or liability at any time shall be taken to be the value attributed to the asset or liability as at that time by the company for the purposes of its accounts for the accounting period which includes that time (expressed in the currency in which those accounts are prepared).
6
Any reference to the disposal of an asset and to the time of the disposal of an asset shall be construed as a reference to any event which is a disposal for the purposes of the 1992 Act and the time at which the disposal occurs for the purposes of that Act, and for the purposes of the foregoing, any reference to a disposal includes a part disposal.
Gains and losses accruing as regards matched liabilities to be found by the alternative method of calculation
5
1
This regulation applies in any case where —
a
a liability is owed by a company, and
b
the liability is eligible to be matched with an asset on a day which falls within an accrual period for that liability, and
c
an election made under regulation 10 is in effect for that day matching the liability (wholly or in part) with an eligible asset held by the company;
and in this regulation “the current period” means that accrual period.
2
In any case where this regulation applies, then, subject to paragraph (3) below —
a
the amount of the initial exchange gain or initial exchange loss which, apart from this regulation, would accrue to the company for the current period as respects the liability shall be found in accordance with the alternative method of calculation, and
b
the accrued amount for each day in that period during which the liability and asset are matched shall —
i
if the whole of the liability is matched, be reduced to nil, or
ii
if only a proportion of the liability is matched, be reduced by a corresponding proportion.
3
If in any case where this regulation applies —
a
at any time during the current period there is a major change in the extent to which the liability is matched, and
b
there is a significant change in the rate of exchange relevant to the computation of the accrued amounts during the current period, and
c
that time is not (disregarding this regulation) a translation time as respects the liability,
then the initial exchange gain or loss as respects the liability for the current period shall be calculated, in accordance with paragraph (2) above, as if that time were a translation time (but not so as to create more than one accrual period) so that separate calculations are made for different parts of the period.
4
A liability (not being a duty under a currency contract) is eligible to be matched with an asset if —
a
the liability does not represent either —
i
a duty to settle under a debt in respect of goods or services supplied to the company in the ordinary course of its trade, or
ii
accrued interest, and
b
the nominal currency of the liability is such that borrowing in that currency could reasonably be expected to eliminate or substantially reduce the economic risk of holding the asset which is attributable to fluctuations in exchange rates.
Where the asset is matched in part only, references in this paragraph to the asset are to the part matched.
5
In the case of a liability which is a duty under a currency contract, the liability is eligible to be matched with an asset if the second currency to which it relates is such that the company could by entering into that contract reasonably expect to eliminate or substantially reduce the economic risk of holding the asset which is attributable to fluctuations in exchange rates.
Where the asset is matched in part only, references in this paragraph to the asset are to the part matched.
6
An asset held by a company is an eligible asset at any time if at that time —
a
it is shares in a company which is not resident in the United Kingdom, but this sub-paragraph only applies if at the time the election is made the company is an associated company of the company making the election; or
b
it is shares in a company which —
i
is resident in the United Kingdom, and
ii
has made a local currency election and is entitled, by virtue of that election, to have the basic profits and losses of a trade, or part of a trade, which it carries on in the United Kingdom computed in a currency other than sterling, and
iii
is a 90 per cent. subsidiary (within the meaning of paragraph (7) below) of the company making the election; or
c
it is a debt on a security which under the terms of issue can be converted into or exchanged for shares falling within sub-paragraph (a) or (b) above; or
d
it is the company’s net investment in a branch outside the United Kingdom through which the company carries on a trade or part of a trade and the company has made a local currency election and is entitled, by virtue of that election, to have the basic profits and losses of that trade or that part computed in a currency other than sterling; or
e
it is a ship or an aircraft.
7
For the purposes of paragraph (6) above —
a
“shares” includes stock but does not include any asset which is a qualifying asset, and
b
a company is a 90 per cent. subsidiary of another company if it is a 90 per cent. subsidiary of that other within the meaning of section 838 of the Taxes Act or would be if “directly or indirectly” were substituted for “directly” in subsection (1)(c) of that section.
8
An asset held by a company is also an eligible asset at any time (whether or not it also falls within any provision of paragraph (6)) if at that time —
a
a gain accruing on the disposal of the asset by a person resident in the United Kingdom would be a chargeable gain, and
b
the asset —
i
is not a qualifying asset, and
ii
is held by a branch of the company outside the United Kingdom through which the company carries on a trade or part of a trade and the company is not entitled to have the basic profits and losses of that trade or that part computed in a currency other than sterling by virtue of a local currency election.
9
For the purposes of paragraphs (6) and (8) above —
a
a company is an associated company of another if that other directly controls 20 per cent. or more of the voting power in the company;
b
the net investment of a company in a branch is the value of the assets of that branch less the liabilities of the branch and any other liabilities owed by the company for the purposes of the trade or part trade carried on through the branch.
Controlled foreign companies
6
1
Where an accounting period of a controlled foreign company is or includes an accrual period, then, for the purposes of computing in accordance with Schedule 24 to the Taxes Act the company’s chargeable profits for that accounting period, an election for matching may be made by a company resident in the United Kingdom which has, or jointly by companies resident in the United Kingdom which together have, a majority interest in the foreign company, notwithstanding that in such a case the company owing any liability or acquiring or holding any asset will not be the company making the election.
2
Paragraph 4(3) and (4) of that Schedule shall apply for the purposes of determining whether one or more companies has a majority interest in another company and, for that purpose, the relevant accounting period is the accounting period referred to in paragraph (1) above.
Deemed gains and losses on disposal of matched assets
7
1
Subject to paragraph (2) below, paragraphs (3) to (8) below apply in any case where there is a disposal of an asset by a company at any time “the disposal time”) and at any time before the disposal time it was (to any extent) a matched asset for the purposes of an election for matching made by the company (“the relevant election”).
2
Paragraphs (3) to (8) below do not apply —
a
if the asset is re — acquired by the company under a contract made not more than 30 days before or 30 days after the disposal time; or
b
if the relevant election specified the company’s net investment in a branch as the asset to be matched and the asset disposed of was immediately before the disposal time included in that investment.
3
There shall be found as respects the liability or liabilities matched with the asset for each accrual period for which the relevant election has had effect —
a
the amount of the initial exchange gain (if any) calculated in accordance with the preceding regulations, and
b
the amount of the initial exchange gain which would have accrued if the relevant election had not had effect;
and the excess of the amount found under sub-paragraph (b) over that found under sub — paragraph (a), or if no amount is found under sub-paragraph (a) the amount found under sub-paragraph (b), for each period is referred to below as the amount by which the initial exchange gain for the period has been reduced.
4
There shall be found as respects the liability or liabilities matched with the asset for each accrual period for which the relevant election has had effect —
a
the amount of the initial exchange loss (if any) calculated in accordance with the preceding regulations, and
b
the amount of the initial exchange loss which would have accrued if the relevant election had not had effect;
and the excess of the amount found under sub-paragraph (b) over that found under sub — paragraph (a), or if no amount is found under sub-paragraph (a) the amount found under sub-paragraph (b), for each period is referred to below as the amount by which the initial exchange loss for the period has been reduced.
5
There shall be found —
a
the aggregate of the amounts by which the initial exchange gains accruing as respects the liability for accrual periods for which the relevant election has effect have been reduced, and
b
the aggregate of the amounts by which the initial exchange losses accruing as respects the liability for accrual periods for which the relevant election has effect have been reduced.
6
Subject to regulation 8 and paragraphs (7) and (8) below —
a
if the amount found under paragraph (5)(a) above exceeds the amount found under paragraph (5)(b) above, then for the purposes of the 1992 Act (and in addition to any chargeable gain or allowable loss which accrues otherwise than by virtue of this regulation) a chargeable gain shall be deemed to accrue to the company at the disposal time and the amount of the gain shall be equal to the amount of that excess;
b
if the amount found under paragraph (5)(b) above exceeds the amount found under paragraph (5)(a) above, then for the purposes of the 1992 Act (and in addition to any chargeable gain or allowable loss which accrues otherwise than by virtue of this regulation) an allowable loss shall be deemed to accrue to the company at the disposal time and the amount of the loss shall be equal to the amount of that excess.
7
Paragraph (6) above shall not apply if the asset disposed of is a ship or an aircraft, but instead, subject to regulation 8 and paragraph (8) below —
a
if the amount found under paragraph (5)(a) above exceeds the amount found under paragraph (5)(b) above, an initial exchange gain, equal to the amount of that excess, shall be deemed to accrue to the company as respects the asset immediately before the disposal time;
b
if the amount found under paragraph (5)(b) above exceeds the amount found under paragraph (5)(a) above, an initial exchange loss, equal to the amount of that excess, shall be deemed to accrue to the company as respects the asset immediately before the disposal time.
8
Where there is a part disposal of the asset, the amount of the deemed gain or loss found under paragraph (6) or (7) above shall be reduced proportionately.
Deferral etc. of deemed gains and losses in certain cases
8
1
Paragraph (2) below applies in any case where a company (“the disposing company”) disposes of a matched asset to another company and neither a gain nor a loss accrues on that disposal by virtue of section 139 , 140A , 171 , 215 or 216 of the 1992 Act (“a no gain/no loss disposal”), and references below to the relevant disposal are references to that disposal.
2
In any case where this paragraph applies, any deemed gain or loss which would (apart from this regulation) be deemed to accrue to the disposing company at the time of the relevant disposal by virtue of paragraph (6) or (7) of regulation 7 (“the deferred gain or loss”) shall not accrue at that time, but paragraph (3) or (4) below (as the case may be) shall apply.
3
If the deferred gain or loss would have accrued by virtue of regulation 7(6), then for the purposes of the 1992 Act a chargeable gain or allowable loss (as the case may be) equal in amount to the amount of the deferred gain or loss shall be deemed to accrue —
a
on the first disposal (after the relevant disposal) of the asset which is not a no gain/no loss disposal,
b
to the company making that disposal.
4
If the deferred gain or loss would have accrued by virtue of regulation 7(7), then an initial exchange gain or loss (as the case may be) equal in amount to the amount of the deferred gain or loss shall be deemed to accrue —
a
on the first disposal (after the relevant disposal) of the asset which is not a no gain/no loss disposal,
b
to the company making that disposal.
5
In any case where paragraph (3) or (4) above applies on a subsequent disposal which is a part disposal of the asset in question, the amount of any deferred gain or loss shall be apportioned as between the part disposed of and the part retained and the amount of any gain or loss which is deemed to accrue on that part disposal by virtue of paragraph (3) or (4) shall be equal to the amount apportioned to the part disposed of.
6
Paragraph (7) below applies where a disposal of a matched asset falls within regulation 7(1) and is also part of a transfer to which section 140 of the 1992 Act applies (or would apply disregarding this regulation).
7
In any case where this paragraph applies, any gain or loss which would (apart from this paragraph) be deemed to accrue to the disposing company at the time of that disposal by virtue of paragraph (6) or (7) of regulation 7 (“the deferred gain or loss”) shall not accrue at that time but in computing any chargeable gain or allowable loss accruing as respects the matched asset the amount of the consideration for the transfer of that asset —
a
if apart form this paragraph there would have been a deferred gain of any amount under regulation 7(6) or (7), shall be increased by an equal amount;
b
if apart from this paragraph there would have been a deferred loss of any amount under regulation 7(6) or (7), shall be reduced by an equal amount;
and if sub-paragraph (b) applies and the amount of that deferred loss exceeds the amount of the consideration, an allowable loss equal to that excess shall be deemed to accrue as respects the asset on the disposal (in addition to any other loss which may accrue as respects that asset).
Transactions to which section 116 or 127 of the 1992 Act applies
9
1
This regulation applies where a transaction occurs to which section 127 of the 1992 Act applies, or would apply but for section 116 of that Act and section 116(10) of that Act applies, and as respects which the original shares are or include a matched asset (“the relevant transaction”), and any reference to the original shares and to the new holding shall be construed in accordance with section 126 of that Act.
2
In any case where this regulation applies there shall be calculated the amount of any chargeable gain or allowable loss which would have been deemed to accrue by virtue of paragraph (6) of regulation 7 if the relevant transaction had been a disposal for the purposes of the 1992 Act as respects which that paragraph applied, and the amount of any such gain or loss is referred to below as the deferred gain or the deferred loss.
3
If there is a deferred gain, then —
a
if section 127 applies, in computing the amount of any chargeable gain or allowable loss accruing on a subsequent disposal of the new holding, the consideration received on that disposal of the new holding shall be increased by an amount equal to the amount of the deferred gain;
b
if section 116 applies and the amount of a chargeable gain or allowable loss which would have accrued at the time of that transaction falls to be calculated under section 116(10)(a), the market value of the matched asset shall for the purposes of section 116(10)(a) of the 1992 Act be increased by an amount equal to the amount of the deferred gain.
4
If there is a deferred loss, then —
a
if section 127 applies, in computing the amount of any chargeable gain or allowable loss accruing on a subsequent disposal of the new holding, the consideration received on that disposal of the new holding shall be reduced by an amount equal to the amount of the deferred loss;
b
if section 116 applies and the amount of a chargeable gain or allowable loss which would have accrued at the time of that transaction falls to be calculated under section 116(10)(a), the market value of the asset shall for the purposes of section 116(10)(a) of the 1992 Act be reduced by an amount equal to the amount of the deferred loss,
and if the amount of the deferred loss exceeds the amount of that consideration or market value, an allowable loss equal in amount to that excess shall be deemed to accrue as respects the new holding at the time of the subsequent disposal.
5
In any case where section 127 applies, or would but for section 116 apply, in relation to a transaction involving original shares which are or include an asset as respects which paragraph (2), but not paragraph (3), of regulation 8 has applied, then paragraphs (3) and (4) above shall also apply in relation to that asset and the loss or gain deferred under that regulation.
6
In any case where there is a disposal of part of the asset in question and paragraphs (1) to (5) above apply to that disposal, the amount of any deferred gain or loss shall be apportioned as between the part disposed of and the part retained and those paragraphs shall apply (with any necessary modifications) separately in relation to the different parts.
Elections for matching
10
1
Subject to the provisions of these Regulations, an election under this regulation —
a
may be made by notice given to the inspector by the company which owes the liability to be matched by the election,
b
shall have effect as from the day on which it is made, and
c
shall be irrevocable.
2
An election for matching must identify —
a
the liability to be matched;
b
the asset to be matched;
c
if the liability is not being matched with the whole of the asset either —
i
a fixed percentage of the asset which is to be available for matching; or
ii
the value of the whole asset as at the time the election is made and a specific amount which is to be available for matching; or
iii
a proportion or part of the asset which is to be available for matching where the value of the proportion or part is to be determined by reference to a formula or other method of calculation specified in the election and may vary from time to time in accordance with that formula or other method of calculation;
d
the reasons why the company considers that regulation 5(4)(b) or (5) (as the case may be) is satisfied as respects the liability;
e
the provision of these Regulations by virtue of which the asset is an eligible asset.
3
An election under paragraph (2)(c)(i) or (ii) above may be varied by a subsequent election under this regulation so as to increase the percentage or amount which is specified in the election.
4
An election to match a liability with an asset falling within regulation 5(6)(a), (b), (c) or (d) or 5(8), shall not have effect for any accrual period for which an initial exchange gain accrues as respects the liability unless —
a
any exchange difference arising in relation to the asset, and
b
at least part of any exchange difference arising in relation to the liability,
are shown, in the company’s accounts for the period which is or includes the accrual period in which those differences arise, in the reserves, and if only part of the exchange differences relating to the liability are shown in the reserves, the election shall have effect for that period only to that part.
Where the liability or asset (or both) are matched in part only, references in this paragraph to the liability or asset are to the part matched.
5
An election shall not cease to have effect at any time by reason only that the liability specified in the election ceased at that time to match the asset to which the election refers either at all or to the same extent to which it matched it at the time the election was made (either by reason of its ceasing to be owed by the company or because it is reduced or its value changes), but where the liability ceases to be owed by the company at any time, then if the company owes any other liability which might have been specified in the election if the election had been made at that time, the election shall continue to have effect in relation to that other liability.
This paragraph shall apply with the necessary modifications in relation to any such other liability as it applies in relation to the liability originally specified in the election.
6
In any case where the asset to which the election refers was original shares as defined by section 126 of the 1992 Act and by reason of a reorganisation (as so defined) the asset ceased at any time to match the liability specified in the election, then if the whole or any part of the new holding (as so defined) might have been specified in the election if the election had been made at the time of the reorganisation, the election shall not cease to have effect but shall continue to have effect in relation to the new holding or part as the case may be.
7
Any question as to which liability is matched with which asset shall be determined on a just and reasonable basis.
Effectiveness of elections
11
1
An election which does not comply with regulation 10(2) shall be of no effect.
2
Notwithstanding regulation 10(1) above, if an election —
a
specifies as an eligible asset an asset which the company acquired not more than 92 days before the day on which the election is made, and
b
specifies the date of acquisition as the date as from which the election is to have effect,
the election shall have effect, so far as it relates to that asset and any liability to be matched with that asset, as from that date.
3
Notwithstanding regulation 10(1) above, an election under regulation 10(3) may specify a day not more than 92 days earlier than the day on which the election is made as the date as from which the election is to have effect, and in such a case the election shall have effect as from that date.
4
Notwithstanding regulation 10(1) above, if an election specifies an asset as an eligible asset which the company held on its commencement day and the election is made before the expiry —
a
of the period of 183 days beginning with 23rd March 1995, or
b
of the period of 92 days beginning with the company’s commencement day,
whichever is the later, and the election specifies the company’s commencement day as the date as from which the election is to have effect, the election shall have effect, so far as it relates to that asset and any liability to be matched with that asset, as from that specified day.
5
Notwithstanding regulation 10(1) above, an election expressed to be made under this paragraph and made —
a
in pursuance of regulation 6 above in relation to a controlled foreign company as respects which a direction under section 747 of the Taxes Act is given on or after 23rd March 1995 for an accounting period of the company, whenever beginning, (and a direction under that section has not been given with respect to an earlier accounting period of that company), and
b
before the expiry of the period of 92 days beginning with the date of that direction,
shall have effect from the latest of the following days, that is to say, the first day of the first accounting period as respects which the direction has effect, the first day of the first accounting period beginning on or after 23rd March 1995, and the day on which the asset in question is acquired by the company.
Transactions not at arm’s length
Disregard of regulations 2 and 4 to 11
12
1
For the purposes of section 136(11) of the 1993 Act —
a
the question whether an appropriate exchange gain accrues to a company as mentioned in paragraph (d) of that subsection, and
b
the amount of any such gain,
shall be determined as if regulations 2 and 4 to 11 were not and never had been in force.
2
For the purposes of section 136A(9) of the 1993 Act —
a
the question whether an appropriate exchange gain accrues to a company as mentioned in paragraph (d) of that subsection, and
b
the amount of any such gain,
shall be determined as if regulations 2 and 4 to 11 were not and never had been in force.
Derek Conway
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
15th December 1994


text:
1
This Order may be cited as The Lincolnshire College of Art and Design and Lincolnshire College of Agriculture and Horticulture (Dissolution) Order 1994 and shall come into force on 1st August 1994.
2
On 1st August 1994 the Colleges shall be dissolved and all of their property, rights and liabilities shall be transferred to the University, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the Colleges immediately before 1st August 1994 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 1994;
c
to the transferor were to the Colleges; and
d
to the corporation were to the University.
John Patten
Secretary of State for Education
11th July 1994


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) Order 1994 and shall come into force on 21st March 1994.
2
A safety zone is hereby established around the installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by order of the Secretary of State.
Michael Forsyth
Minister of State,
Department of Employment.
16th February 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Maidstone Priority Care National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 12th July 1994.
2
In this Order —
“the Authority” means the West Kent Health Authority;
“the Trust” means the Maidstone Priority Care National Health Service Trust
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by Maidstone Health Authority and the Trust on 22nd March 1994, which schedule has been signed on behalf of both that Authority and the Trust.
Transfer of trust property
2
On 12th July 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
14th June 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) (Miscellaneous Amendments) Regulations 1994 and shall come into force on 6th April 1994.
2
In these Regulations, “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 and “Regulation” means a regulation contained in Schedule 1 to the principal Regulations (which, with extensions and modifications, contains provisions of the Income Tax (Employments) Regulations 1993 as they apply to earnings-related contributions and Class 1A contributions under the Social Security Contributions and Benefits Act 1992).
Amendment of regulations 22C, 22D and 22F of the principal Regulations
2
1
Regulation 22C, 22D and 22F of the principal Regulations (Class 1A contributions in respect of certain cars and certain earners) shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 22C —
a
for the heading there shall be substituted the following heading —
Class 1A contributions payable where two or more cars are made available concurrently
;
b
for paragraph (1) there shall be substituted the following paragraph —
1
This regulation applies where the amount of any Class 1A contribution payable for any year does not reflect a reduction in the cash equivalent of the benefit of the car as provided for by paragraph 2 of Schedule 6 to the 1988 Act, because of the application of paragraph 4 of that Schedule (modified reduction in cash equivalent where two or more cars are made available concurrently).
;
c
in paragraph (2) for the words from “shall be so reduced” to “paragraph 5(3)” there shall be substituted the words “shall be equal to the amount which would have been payable if paragraph 4”.
3
In regulations 22D and 22F —
a
for the words “paragraph 2(2)” there shall be substituted the words “paragraph 9”,
b
for the words “paragraph 3(2)” there shall be substituted the words “paragraph 3(a)”, and
c
for the words “paragraph 5(2)” there shall be substituted the words “paragraph 3(b)”,
on each occasion where they occur.
Amendment of Regulation 30 of Schedule 1 to the principal Regulations
3
In Schedule 1 to the principal Regulations, in Regulation 30(1)(i) (return by employer at end of year) the words from “and separately from” to the end shall be omitted.
Amendment of section 10 of the Social Security Contributions and Benefits Act 1992
4
1
In section 10(6) of the Social Security Contributions and Benefits Act 1992 (Class 1A contributions) —
a
for paragraphs (a) and (b) there shall be substituted the following paragraphs —
a
the car shall not be treated as being unavailable on a day by virtue of paragraph 9(c) of Schedule 6 to the Income and Corporation Taxes Act 1988 for the purposes of section 158(5) of that Act or paragraph 3 or 6 of that Schedule, unless the person liable to pay the contribution has information to show that the condition specified in paragraph 9(c) is satisfied as regards that day;
b
the use of the car for the earner’s business travel shall be taken —
i
for the purposes of sub-paragraph (1) of paragraph 2 of that Schedule to have amounted to less than 18,000 miles (or such lower figure as is applicable by virtue of sub-paragraph (a) of paragraph 3 of that Schedule); and
ii
for the purposes of sub-paragraph (2) of paragraph 2 of that Schedule to have amounted to less than 2,500 miles (or such lower figure as is applicable by virtue of sub-paragraph (b) of paragraph 3 of that Schedule),
unless in either case the person liable to pay the contribution has information to show to the contrary; and
;
b
in paragraph (c) for the words “paragraph 5(3)” there shall be substituted the words “paragraph 4”.
2
This regulation shall have effect for 1994-95 and for subsequent tax years.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,
Department of Social Security
8th March 1994
The Commissioners of Inland Revenue hereby concur
L. J. H. Beighton
C. W. Corlett
Two of the Commissioners of Inland Revenue
9th March 1994


text:
Citation, commencement and interpretation
1
These Rules may be cited as the Rules of the Supreme Court (Amendment) 1994 and shall come into force on 1st September 1994.
2
In these Rules, an Order referred to by number means the Order so numbered in the Rules of the Supreme Court 1965 and Appendix A means Appendix A to those Rules.
Duration of writ
3
In Order 6, rule 8(1)(b), after the words “Order 11” there shall be inserted the words “or Order 75, rule 4”.
Derivative actions
4
After Order 15, rule 12 there shall be inserted the following new rule–
Derivative actions
12A
1
This rule applies to every action begun by writ by one or more shareholders of a company where the cause of action is vested in the company and relief is accordingly sought on its behalf (referred to in this rule as a “derivative action”).
2
Where a defendant in a derivative action has given notice of intention to defend, the plaintiff must apply to the Court for leave to continue the action.
3
The application must be supported by an affidavit verifying the facts on which the claim and the entitlement to sue on behalf of the company are based.
4
Unless the Court otherwise orders, the application must be issued within 21 days after the relevant date, and must be served, together with the affidavit in support and any exhibits to the affidavit, not less than 10 clear days before the return day on all defendants who have given notice of intention to defend; any defendant so served may show cause against the application by affidavit or otherwise.
5
In paragraph (4), “the relevant date” means the later of–
a
the date of service of the statement of claim;
b
the date when notice of intention to defend was given (provided that, where more than one notice of intention to defend is given, that date shall be the date when the first notice was given).
6
Nothing in this rule shall prevent the plaintiff from applying for interlocutory relief pending the determination of an application for leave to continue the action.
7
In a derivative action, Order 18, rule 2(1) (time for service of defence) shall not have effect unless the Court grants leave to continue the action and, in that case, shall have effect as if it required the defendant to serve a defence within 14 days after the order giving leave to continue, or within such other period as the Court may specify.
8
On the hearing of the application under paragraph (2), the Court may–
a
grant leave to continue the action, for such period and upon such terms as the Court may think fit;
b
subject to paragraph (11), dismiss the action;
c
adjourn the application and give such directions as to joinder of parties, the filing of further evidence, discovery, cross–examination of deponents and otherwise as it may consider expedient.
9
If the plaintiff does not apply for leave to continue the action as required by paragraph (2) within the time laid down in paragraph (4), any defendant who has given notice of intention to defend may apply for an order to dismiss the action or any claim made in it by way of derivative action.
10
On the hearing of such an application for dismissal, the Court may–
a
subject to paragraph (11), dismiss the action;
b
if the plaintiff so requests, grant the plaintiff (on such terms as to costs or otherwise as the Court may think fit) an extension of time to apply for leave to continue the action; or
c
make such other order as may in the circumstances be appropriate.
11
Where only part of the relief claimed in the action is sought on behalf of the company, the Court may dismiss the claim for that part of the relief under paragraphs (8) and (10), without prejudice to the plaintiff’s right to continue the action as to the remainder of the relief, and Order 18, rule 2(1) shall apply as modified by paragraph (7).
12
If there is a material change in circumstances after the Court has given leave to the plaintiff to continue the action in pursuance of an application under paragraph (2), any defendant who has given notice of intention to defend may make an application supported by affidavit requiring the plaintiff to show cause why the Court should not dismiss the action or any claim made in it by way of derivative action. On such application the Court shall have the same powers as it would have had upon an application under paragraph (2).
13
The plaintiff may include in an application under paragraph (2) an application for an indemnity out of the assets of the company in respect of costs incurred or to be incurred in the action and the Court may grant such indemnity upon such terms as may in the circumstances be appropriate.
14
So far as possible, any application under paragraph (13) and any application by the plaintiff under Order 14 shall be made so as to be heard at the same time as the application under paragraph (2).
.
5
At the end of Order 18, rule 2, there shall be inserted the following new paragraph–
4
Paragraph (1) is subject to the provisions of Order 15, rule 12A(7) (derivative actions).
.
Payment into Court to await the outcome of an action
6
In Order 22, at the end of rule 8, there shall be inserted the following new paragraph–
4
If the Court so orders, paragraph (3) shall apply, with the necessary modifications, where a party has paid money to another person to abide the outcome of the action.
.
Service of summons
7
For Order 32, rule 3, there shall be substituted the following–
3
1
A summons asking only for the extension or abridgment of any period of time may be served on the day before the day specified in the summons for the hearing of the application.
2
Except as provided by paragraph (1), and unless the court otherwise orders or any of these rules otherwise provides–
a
a summons must be served on every other party not less than two days before the day specified in the summons for the hearing of the application;
b
it must be so served within 14 days of its issue; and
c
any evidence relied on in support of the application must be served with the summons.
.
Prescribed hourly rate
8
For Order 62, rule 17(4), there shall be substituted the following–
4
This rule and the provisions contained in Appendix 2 to this Order shall not apply to the extent that regulations made under the Legal Aid Act 1988 determine the amount of costs payable to legal representatives in relation to proceedings to which this Order applies.
.
Notice of change of solicitor
9
Order 67, rule 1 shall be amended as follows–
1
in paragraph (3), for the words, “The party giving the notice” there shall be substituted “The new solicitor”; and
2
in paragraph (4), for the words “The party giving the notice” there shall be substituted “The party on whose behalf notice has been given”.
Service out of the jurisdiction in arbitration proceedings
10
In Order 73, rule 7(3), for the words “5, 6 and 8” there shall be substituted “5 to 8”.
Attachment of debts due from Crown
11
Order 32 shall be amended as follows–
1
in rule 11(1)(d), for the words “and Order 51, rule 2” there shall be substituted “, Order 51, rule 2 and Order 77, rule 16”; and
2
in rule 14(1)(d), for the words “and Order 51, rule 2” there shall be substituted “, Order 51, rule 2 and Order 77, rule 16”.
12
In Order 77, rule 16, after paragraph (2B) there shall be inserted the following new paragraph–
2C
A master, the Admiralty Registrar and a district judge of the Family Division shall have power to hear an application under paragraph (2).
.
Defamation
13
Order 82 shall be amended as follows–
1
in rule 3–
a
after paragraph (2) there shall be inserted the following new paragraphs–
2A
Without prejudice to Order 18, rule 8, but subject to paragraph (2B), where the defendant makes an allegation as described in paragraph (2), the plaintiff shall serve a reply specifically admitting or denying any such allegation raised by the defendant and specifying any fact or matter upon which he relies in opposition to the defendant’s allegations.
2B
No reply shall be required under paragraph (2A) where all the facts or matters on which the plaintiff intends to rely in opposition to the defendant’s allegations as described in paragraph (2) are already particularised elsewhere in the pleadings.
;
b
after paragraph (3) there shall be inserted the following new paragraph–
3A
Without prejudice to Order 18, rule 12, the plaintiff must give full particulars in the statement of claim of the facts and matters on which he relies in support of his claim for damages, including details of any conduct by the defendant which it is alleged has increased the loss suffered and of any loss which is peculiar to the plaintiff’s own circumstances.
;
2
after rule 3 there shall be inserted the following new rule–
Ruling on meaning
3A
1
At any time after service of the statement of claim either party may apply to a judge in chambers for an order determining whether or not the words complained of are capable of bearing a particular meaning or meanings attributed to them in the pleadings.
2
If it appears to the judge on the hearing of an application under paragraph (1) that none of the words complained of are capable of bearing the meaning or meanings attributed to them in the pleadings, he may dismiss the claim or make such other order or give such judgment in the proceedings as may be just.
3
Subject to paragraph (4), each party to the proceedings may make only one application under paragraph (1).
4
Where a party has made an application under paragraph (1) and the respondent to that application subsequently amends his pleadings to allege a new meaning, the Court may allow the other party to make a further application under paragraph (1) in relation to that new meaning.
5
This rule shall apply in relation to a counterclaim for libel or slander as if the party making the counterclaim were the plaintiff and the party against whom it is made the defendant, and as if the counterclaim were the statement of claim.
.
14
In Order 59, rule 1A(6), at the end of sub–paragraph (gg), for “paragraph 5(c).”there shall be substituted the following–
paragraph 5(c);
hh
an order made on an application under Order 82, rule 3A.
.
Applications with respect to funds in court
15
In Order 92, rule 5(3), for the figure “£5,000” there shall be substituted the figure “£15,000”.
Proceedings relating to solicitors
16
Order 106 shall be amended as follows–
1
in rule 2–
a
paragraph (1) shall be omitted;
b
in paragraph (2)–
i
for the words “In the Queen’s Bench Division and the Family Division the” there shall be substituted “The”;
ii
in sub–paragraph (b), for the word “registrar” there shall be substituted “district judge”; and
iii
in sub–paragraph (c), for the words “district registrar” and “registrar” there shall be substituted “district judge”;
2
in rule 3, at the end of paragraph (2) there shall be inserted the words “or a summons in the proceedings to which the application relates”;
3
rule 4 shall be omitted; and
4
for rule 5 there shall be substituted the following–
Where an application under the Act or an application for an order under rule 3 is made by way of originating summons, the originating summons shall be in Form No. 10 in Appendix A.
.
Miscellaneous amendments
17
In Order 32, rule 7(1), after the words “Central Office”, there shall be inserted “, Chancery Chambers”.
18
Order 41, rule 5(1) shall be amended as follows–
1
at the end of sub–paragraph (b), there shall be inserted the words “and 4(1A)”; and
2
after sub–paragraph (b), there shall be inserted the following new sub–paragraph–
ba
Order 88, rule 5(2A);
.
19
In Order 86, after rule 4(1), there shall be inserted the following new paragraph–
1A
Unless the Court otherwise orders, an affidavit for the purposes of paragraph (1) may contain statements of information or belief with the sources and grounds thereof.
.
20
Order 92, rule 3 shall be omitted.
21
Order 93 shall be amended as follows–
1
rules 3, 7, 8, 10(2)(a), (i) and (k) and 14 shall be omitted;
2
in rule 11–
a
in the heading, the words “7 or” shall be omitted; and
b
for paragraph (1), there shall be substituted the following–
1
An application to the judge for leave to appeal to the High Court against a direction of the Commissioner under section 17(3) of the Industrial Assurance Act 1923 must be made within 21 days after the date of the Commissioner’s refusal or direction.
;
3
in rule 12(1)–
a
at the end of sub–paragraph (c), there shall be inserted the word “or”; and
b
sub–paragraph (d) shall be omitted;
4
in rule 18, in the heading and paragraph (1), for the words “section 16 of the Civil Aviation Act 1968 ”, there shall be substituted “section 86 of the Civil Aviation Act 1982 ”.
22
Order 108 shall be amended as follows–
1
in the title and rule 1(1), for the words “Charities Act 1960 ” there shall be substituted “Charities Act 1993 ”;
2
in rule 3–
a
in paragraph (1), for the words “section 18(11)” there shall be substituted “section 16(13)”; and
b
in paragraph (2), for the words “section 28(5)” there shall be substituted “section 33(5)”;
3
in rule 4–
a
in the title, after the word “order” there shall be inserted “or direction”;
b
for the words “section 41” there shall be inserted “section 88”.
23
Form No. 111 in Appendix A shall be amended as follows–
1
paragraph 4 shall be omitted; and
2
paragraph 5 shall be re–numbered paragraph 4.
The Rules of the Supreme Court (Non–Contentious Probate Costs) 1956
24
The Rules of the Supreme Court (Non–Contentious Probate Costs) 1956 shall be revoked.
Transitional provisions
25
Rules 3 and 4 shall not apply to any action commenced before the coming into force of these Rules.
26
Rule 7 shall not apply to any summons issued before the coming into force of these Rules.
Mackay of Clashfern, C.
Taylor, L.C.J.
Bingham, M.R.
Stephen Brown, P.
Donald Nicholls, V.C.
Morritt, J.
Bell, J.
Colman, J.
Jean H. Ritchie
K.C.R. Gibson
J.A. Wall
Dated 18th July 1994