text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Glasgow Dental Hospital and School National Health Service Trust (Establishment) Order 1994 and shall come into force on 29th November 1994.
2
In this Order–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 29th November 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Glasgow Dental Hospital and School National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Glasgow Dental Hospital and School National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards) shall be to own and manage the hospital establishment or facility known as Glasgow Dental Hospital and School, Glasgow and establishments associated with that hospital, including management of the facilities provided at and from those establishments, and also including the management of any teaching and research facilities associated with those establishments and the support services related thereto.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors, one of whom shall be appointed from the University of Glasgow, and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by health boards before operational date
7
1
The Greater Glasgow Health Board shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Greater Glasgow Health Board shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The health board specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Greater Glasgow Health Board.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
25th November 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Middlesex University Hospital National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 15th June 1994.
2
In this Order–
“the Authority” means the Ealing, Hammersmith and Hounslow Health Authority;
“the Trust” means the West Middlesex University 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 7th March 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 15th June 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
18th May 1994


text:
1
The City of Stoke-on-Trent (Downfields Canal Bridge) Scheme, 1993 is hereby confirmed without modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plans are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY, and at the offices of the City of Stoke-on-Trent, Swift House, Glebe Street, Stoke-on-Trent.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as the City of Stoke-on-Trent (Downfields Canal Bridge) Scheme, 1993 Confirmation Instrument 1994.
Signed by authority of the Secretary of State for Transport
B. J. Billington
Department of Transport
1st March 1994


text:
PART I
GENERAL
Citation, operation and extent
1
1
These Regulations may be cited as the Education (Fees and Awards) Regulations 1994 and shall come into force on 1st January 1995.
2
These Regulations do not extend to Scotland.
Interpretation
2
1
In these Regulations —
“award” means a fees award or a maintenance award or both as the context may require;
“education” includes post-graduate research otherwise than in the course of employment;
“education authority” means a local education authority;
“employment” means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and “employed” shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding of any office and to any occupation for gain;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“European Economic Area” means the area comprised by the member States of the European Community (including the United Kingdom) as constituted from time to time and, subject to the conditions laid down in the EEA Agreement, by the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and, from such date as the EEA Council, established by Article 89 of the EEA Agreement, determines that that Agreement shall enter into force as regards the Principality of Liechtenstein, the Principality of Liechtenstein;
“fees” includes charges however described;
“fees award” means an award in respect only of any fees payable by the student other than any element of those fees representing or attributable to charges for his maintenance;
“the Islands” means the Channel Islands and the Isle of Man;
“maintenance award” means any award other than a fees award;
“national of a member State of the European Community” means a person who is a national for the purposes of the Community Treaties of any member State of the European Community (including the United Kingdom) as constituted from time to time;
“parent”, in relation to a student, includes a guardian and any other person having actual custody of the student during his minority;
“refugee” means a person who is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol hereto which entered into force on 4th October 1967 and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child;
2
In these Regulations a reference to a person’s son or daughter includes a reference to a person adopted in pursuance of adoption proceedings, a step-child and an illegitimate child of whom the person concerned is the mother or in whose case he has admitted paternity or been adjudged the putative father.
3
For the purposes of these Regulations an area which —
a
was not part of the area comprised by the member States of the European Community or by the European Economic Area, but
b
at any time before or after these Regulations come into force has become part of one or other or both of those areas
shall be considered to have always been part of the European Economic Area.
4
Notwithstanding section 11 of the Interpretation Act 1978 section 3(2) of the Education (Fees and Awards) Act 1983 (references to the United Kingdom to include references to the Islands) shall not apply for the purpose of the interpretation of these Regulations.
5
In these regulations, unless the context otherwise requires, a reference to a regulation, Part or Schedule is a reference to a regulation or Part of these Regulations or to a Schedule thereto, a reference in a regulation or Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule and a reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph.
Lawful acts
3
1
Nothing in Part II shall be construed as rendering unlawful any discrimination arising from the remission in whole or in part of any fee (on grounds of financial hardship or otherwise) if it would have been lawful had these Regulations not been made.
2
Nothing in Part III, IV or V shall be construed as rendering unlawful any discrimination arising from any rule of eligibility for an award if it would have been lawful had these Regulations not been made.
PART II
FEES FOR TUITION ETC.
Scope of Part II
4
1
This Part shall have effect as respects the charging of relevant fees in respect of students attending a full-time or sandwich course provided by —
a
a university, or other institution within the higher education sector (within the meaning of section 91(5) of the Further and Higher Education Act 1992 ), or
b
an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992), or
c
a maintained institution,
and any reference in this Part to a student shall be construed accordingly.
2
This Part shall also have effect as respects the charging of relevant fees in respect of students attending a full-time or sandwich course of teacher training provided by an eligible institution.
3
In this Regulation —
“eligible institution” means an institution eligible for funding under Part I of the Education Act 1994 , other than an institution referred to in paragraph (1);
“full-time course” means a course normally involving not less than 15 hours attendance a week in term-time for the organised day-time study of a single subject or related subjects;
“maintained institution” means an institution maintained by an education authority;
“sandwich course” means a course consisting of alternate periods of full-time study in an establishment and periods of experience so organised that, taking the course as a whole, the student attends the periods of full-time study for an average of not less than 19 weeks in each year (the course being treated for the purpose of calculating attendance as beginning with the first period of full-time study and ending with the last such period) and, for the purposes hereof “periods of experience” means periods of industrial, professional or commercial experience associated with full-time study at the establishment but at a place outside the establishment except that, in the case of a student studying modern languages whose course includes periods of residence in a country whose language is the main language of that course, it means such periods of residence for which he is in gainful employment;
“university” includes a university college and a constituent college, school, or hall of a university.
Relevant fees
5
1
For the purposes of this Part “relevant fees” means the aggregate of —
a
any fees for admission, registration or matriculation (including matriculation exemption),
b
any sessional or tuition fees,
c
any composition fee, and
d
any graduation fee,
in each case excluding any element thereof representing or attributable to such fees as are mentioned in paragraph (2).
2
The fees referred to in paragraph (1) are —
a
college fees or dues at the University of Cambridge, Durham, Kent, Lancaster, Oxford or York;
b
any fees charged by an external body in respect of examinations or validation of a course or otherwise charged by such body whose requirements must (for the purposes of a course) be met;
c
charges for board and lodging.
Relevant connection with the United Kingdom and Islands
6
For the purposes of this Part a student has a relevant connection with the United Kingdom and Islands if —
a
he has been ordinarily resident therein throughout the 3 year period preceding 1st September, 1st January or 1st April closest to the beginning of the first term of the student’s course, and
b
he has not been resident therein, during any part of that 3 year period, wholly or mainly for the purpose of receiving full-time education.
Charging of higher relevant fees
7
Subject to Schedule 1, it shall be lawful to charge higher relevant fees in the case of students who have not a relevant connection with the United Kingdom and Islands than in the case of students having such a connection.
PART III
AWARDS UNDER SECTION 1(6) OR 2 OF THE EDUCATION ACT 1962
Scope of Part III
8
This Part shall have effect as respects the adoption by an education authority of rules of eligibility for awards under section 1(6) or 2 of the Education Act 1962 , and any reference in this Part to an award or a candidate for an award shall be construed accordingly.
Relevant connection with the United Kingdom and Islands
9
For the purposes of this Part a candidate for an award has a relevant connection with the United Kingdom and Islands if —
a
he has been, or satisfies the education authority that he will have been, ordinarily resident therein throughout the 3 year period preceding 1st September, 1st January or 1st April closest to the beginning of the first term of his intended course, and
b
he has not been resident therein, during any part of that 3 year period, wholly or mainly for the purpose of receiving full-time education.
Authorised eligibility rules
10
Subject to Schedules 2 and 3, it shall be lawful to adopt rules of eligibility for awards which confine the awards to candidates having a relevant connection with the United Kingdom and Islands.
PART IV
AWARDS BY RESEARCH COUNCILS AND CERTAIN OTHER INSTITUTIONS
Scope of Part IV
11
1
This Part shall have effect as respects the adoption by a body or institution mentioned in paragraph (2) of rules of eligibility for awards (however described) made by that body or institution in connection with courses of education or training or in connection with the undertaking of research and any reference in this Part to an award, a candidate for an award or the maker of an award shall be construed accordingly.
2
The bodies and institutions referred to in paragraph (1) are —
a
the following research councils —
Biotechnology and Biological Sciences Research Council,
Economic and Social Research Council,
Engineering and Physical Sciences Research Council,
Medical Research Council,
Natural Environment Research Council, and
Particle Physics and Astronomy Research Council;
b
the following institutions —
the British Academy,
the British Museum (Natural History),
the Royal Academy of Engineering, and
the Royal Society;
c
the following further education establishments —
Coleg Harlech, Gwynedd,
Co-operative College, Loughborough,
Fircroft College, Birmingham,
Hillcroft College, Surbiton,
Northern College, Nr Barnsley,
Plater College, Oxford,
Royal College of Art, London,
Ruskin College, Oxford; and
the National Film and Television School, Beaconsfield.
Relevant connection with the United Kingdom and Islands or Great Britain
12
For the purposes of this Part a candidate for an award has a relevant connection with the United Kingdom and Islands, or with Great Britain, if —
a
he has been ordinarily resident therein throughout the 3 year period preceding the date of his application for an award, and
b
he has not been resident therein, during any part of that 3 year period, wholly or mainly for the purpose of receiving full-time education.
Authorised eligibility rules
13
1
It shall be lawful to adopt rules of eligibility for awards which —
a
subject to Schedules 2 and 3, confine the awards to candidates having a relevant connection either with the United Kingdom and Islands or with Great Britain, as the maker of the awards has determined, and
b
if the maker of the awards has so determined, further confine the awards to candidates who, unless they are excepted candidates in pursuance of paragraph 4 of Schedule 2 (temporary employment etc. abroad) or of that paragraph and paragraph 3(1) of Schedule 3
i
are ordinarily resident in the United Kingdom and Islands, in Great Britain, in England and Wales or in England, as the maker of the awards has determined, at the date of application for an award and are not then resident in the area in question wholly or mainly for the purpose of receiving full-time education, or
ii
satisfy the maker of the awards that they will satisfy the aforesaid conditions on 30th June next following the date of their applications.
2
The maker of the awards may adopt different eligibility rules falling within paragraph (1) for different classes or descriptions of awards.
PART V
POSTGRADUATE AGRICULTURAL STUDENTSHIPS
Scope of Part V
14
This Part shall have effect as respects the adoption by the Minister of Agriculture, Fisheries and Food or the Secretary of State for Wales of rules of eligibility for awards made by him in pursuance of section 2(3) of the Board of Agriculture Act 1889 and any reference in this Part to an award or a candidate for an award shall be construed accordingly.
Relevant connection with the United Kingdom
15
For the purposes of this Part a candidate for an award has a relevant connection with the United Kingdom if —
a
he has been ordinarily resident therein throughout the 3 year period preceding the date of his application for an award,
b
he has not been resident therein during any part of that 3 year period wholly or mainly for the purpose of receiving full-time education, and
c
he is a British citizen or otherwise enjoys in the United Kingdom the status of a Commonwealth citizen.
Authorised eligibility rules
16
Subject to Schedules 2 and 3, it shall be lawful to adopt rules of eligibility for awards which confine the awards to candidates having a relevant connection with the United Kingdom.
PART VI
REVOCATION
Revocation
17
The following Regulations are revoked:
a
The Education (Fees and Awards) Regulations 1983 ;
b
The Education (Fees and Awards) (Amendment) Regulations 1984 ;
c
The Education (Fees and Awards) (Amendment) Regulations 1985 ;
d
The Education (Fees and Awards) (Amendment) Regulations 1987 ;
e
The Education (Fees and Awards) (Amendment) Regulations 1988 ;
f
The Education (Fees and Awards) (Amendment) Regulations 1991 ;
g
The Education (Fees and Awards) (Amendment) (No 2) Regulations 1991 ;
h
regulation 5 of the Further and Higher Education Act 1992 (Consequential Amendments) Regulations 1993 ; and
i
regulation 5 of the Education (European Economic Area) (Amendment) Regulations 1993 .


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service (Determination of Districts) Order 1994 and shall come into force on 1st April 1994.
2
In this Order —
“ the Act ” means the National Health Service Act 1977;
“the material date” means 1st April 1994;
“the new authorities” means the health authorities specified in Schedule 2 to the National Health Service (District Health Authorities) Order 1994 , being in each case an authority established by that Order;
“the old authorities” means the health authorities specified in Schedule 1 to that Order, being —
in the case of the Suffolk Health Authority, an authority established by the National Health Service (District Health Authorities) Order 1993 ;
in all other cases, authorities the establishment of which was continued by the National Health Service (District Health Authorities) Order 1990 ;
“the relevant new authority” means —
as respects any old authority specified in column (1) in Part I of Schedule 1 to this Order, the new authority which is specified in column (2) of that Part in relation to that old authority; and
as respects the old authority referred to in Part II of that Schedule, the new authority which is determined, in accordance with that Part, to be the relevant new authority in relation to that old authority.
3
The provisions of sub-paragraphs (a) and (b) of article 2(3) (interpretation) of the National Health Service (Determination of Districts) Order 1981 shall apply to the interpretation of references in article 2(4) of, and Schedule 4 to this Order as they apply to references in Schedule 1 to that Order.
Variation of districts
2
1
The districts specified in Schedule 2 to this Order are hereby abolished.
2
There are determined 20 new districts, to be known by the names specified in column (1) of Schedule 3 to this Order, and each comprising the former districts shown in relation to it in column (2) of that Schedule.
3
There are also determined 4 new districts to be known by the names specified in column (1) of Schedule 4 to this Order, and each comprising the district described in relation to it in column (2) of that Schedule.
4
Kingston and Richmond District is varied to exclude the wards (as altered by the London Borough of Wandsworth (Electoral Arrangements) Order 1977 of East Putney, Parkside, Roehampton, Thamesfield, West Hill and West Putney in the London borough of Wandsworth, and it is further varied to exclude, and Mid Surrey District is varied to include, the area of the former urban district of Esher, in the borough of Elmbridge, in the county of Surrey.
5
South Birmingham District is varied to exclude in Nechells ward in the city of Birmingham, that part lying to the west of the avoiding railway line which runs from Saltley Viaduct to Landor Street Junction to Coventry Road.
6
In the National Health Service (Determination of Districts) Order 1981 —
a
in regulation 3(3) for the words from “the Schedule” to “that Schedule” there are substituted the words “Schedule 3 to the National Health Service (Determination of Regions) Order 1994 , and numbered 1 to 8 in that Schedule”;
b
for Schedule 1 there is substituted the new Schedule 1 set out in Schedule 5 to this Order.
Transfer of officers employed by District Health Authorities
3
1
Except as provided by paragraphs (2) and (3) of this article, any officer employed immediately before the material date by any of the old authorities is transferred on the material date to the employment of the relevant new authority, and the contract of employment of that officer is modified so as to substitute as the employer the relevant new authority.
2
Where —
a
this article makes provision for the transfer of an officer; and
b
the officer in question is employed jointly by any or the old authorities and another person,
that provision shall have effect to transfer that officer to the employment of the relevant new authority and that other person jointly, and the contract of employment and officer is modified so as to substitute the relevant new authority as one of the joint employers.
3
This article shall not apply to any officer whose employment is, by or under Part I of the National Health Service and Community Care Act 1990 , to be transferred on the material date to a National Health Service trust.
Preservation of training arrangements
4
Training arrangements made by any of the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship, and which have not been discharged before the material date, continue to apply with the substitution for the old authority of the relevant new authority.
Enforceability of rights
5
Subject to the following provisions of this Order, any right which was enforceable by or against any of the old authorities is enforceable by or against the relevant new authority.
Winding up of affairs of old authorities
6
It is the duty of each new authority to take, in accordance with such directions as may be given by the Regional Health Authority in whose region the district of the new authority is situated, such action as may be necessary for the winding up of the affairs of any old authority in relation to which it is the relevant new authority.
Accounts of old authorities
7
Any duty imposed on any of the old authorities by section 98 of the Act, but not performed by the material date, shall be performed by the relevant new authority in accordance with the provisions of that section, any regulations made under that section and any directions which may be given by the Secretary of State.
Provision for continuity in exercise of functions
8
1
Anything duly done by, or any application duly made by, or any direction, authorisation or notice duly given to or by, any of the old authorities is deemed to have been duly done by, or made or given to or by, the relevant new authority.
2
Any instrument made by any of the old authorities continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the relevant new authority.
3
Any form supplied by any of the old authorities and any form supplied by the Secretary of State relating to any of the old authorities continues to be a valid form in relation to the relevant new authority until it is cancelled or withdrawn by the Secretary of State or the relevant new authority, as if any reference contained in the form to any of the old authorities were a reference to the relevant new authority as the case may be.
Accommodation and services made available on payment of charges
9
To the extent that any accommodation and services at any hospital in the district of any of the old authorities are, immediately before the material date, authorised to be made available under section 65 of the Act, they continue to be authorised to be made available under that section, to the extent determined by that old authority, on or after that date until such authorisation is varied or revoked by the relevant new authority.
Investigation of complaints by Health Service Commissioner
10
1
A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to any of the old authorities, whether made before, on or after the material date, may be investigated by that Commissioner, notwithstanding the abolition of that authority, as if the complaint had been made in relation to the relevant new authority.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the relevant new authority and (except where it is itself the relevant new authority) to the Regional Health Authority in whose region the district of that new authority is situated.
Transfer of trust properties of old authorities
11
Any trust property vested immediately before the material date in any of the old authorities shall on the material date be transferred to the relevant new authority.
Exercise of powers in relation to trusts
12
Where, immediately before the material date, any power to appoint trustees of a charity connected with purposes relating to the health service is under the trusts of the charity vested in any of the old authorities, that power vests on the material date in the relevant new authority.
Appointment of new trustees
13
Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include a person who is a trustee by virtue of his office with any of the old authorities, the trustee shall from that date instead include the holder of the corresponding office with the relevant new authority.
Signed by authority of the Secretary of State for Health,
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
10th March 1994