text:
1
This Order may be cited as the District Probate Registries (Amendment No. 2) Order 1994 and shall come into force on 16th January 1995.
2
The District Probate Registries Order 1982 shall be amended in accordance with the following provisions of this Order and in this Order an article referred to by number means the article so numbered in that Order and “the Schedule” means the Schedule to that Order.
3
Article 2 shall stand as paragraph (1) of that article and, after it, there shall be inserted the following —
2
The name of every place so specified shall be the name of the district probate registry at that place except that the name of the district probate registry at Cardiff shall be the Probate Registry of Wales.
.
4
The Schedule shall be amended as follows —
a
after the entry relating to the Bristol District Probate Registry there shall be inserted the following —
Column 1 Column 2
Cardiff Bangor, Carmarthen
; and
b
the entry relating to the Llandaff District Probate Registry and the sub-registries attached to it shall be omitted.
Mackay of Clashfern, C
Dated 1st December 1994


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A630 Trunk Road (Doncaster) (Detrunking) Order 1994 and shall come into force on 1st February 1995.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A630 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this order comes into force.
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
Acting Director Yorkshire and Humberside Network Management
The Highways Agency
20th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Avalon, Somerset, National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 23rd March 1994.
2
In this Order —
“the Authority” means the Somerset Health Authority;
“the Trust” means the Avalon, Somerset 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 3rd September 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 23rd March 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
1st March 1994


text:
1
This Order may be cited as the A1 Trunk Road (Wetherby to Walshford) (Detrunking) Order 1994 and shall come into force on 21st October 1994.
2
In this Order —
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads.
ii
“the Motorway” means the new highway which the Secretary of State proposes to construct referred to in article 2(2)(ii) of the A1 Motorway (Kirk Deighton New Junction to Walshford Section and Connecting Roads) Scheme 1994.
iii
“the new trunk roads” means the new highways which the Secretary of State proposes to construct referred to in article 3 of the A1 Trunk Road (Wetherby to Kirk Deighton New Junction and Connecting Roads) Order 1994.
iv
“the trunk road” means the A1 Trunk Road.
v
“the deposited plan” means the plan numbered HA10/YHCPD 61 marked “The A1 Trunk Road (Wetherby to Walshford) (Detrunking) Order 1994” signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies the Leeds City and North Yorkshire County Councils that the Motorway and new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
R. R. Bineham
Deputy Director
Yorkshire and Humberside Construction Programme Division
22nd September 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Initial Government of Grant-maintained Special Schools) Regulations 1994 and shall come into force on 19th August 1994.
2
In the following provisions of these Regulations —
a
references to numbered paragraphs are to the paragraphs so numbered of Schedule 11 to the Education Act 1993 (government and conduct of grant-maintained special schools);
b
references to the initial instrument of government are to the initial instrument of government prescribed by regulations made under paragraph 2 of that Schedule; and
c
references to the date of implementation, in relation to proposals made under section 183(3)(a) or 186 of that Act, are to the date specified in the proposals as the proposed date of implementation.
Parent governors
2
1
Paragraph 5(1) shall have effect in relation to the initial instrument of government as if for “not less than three nor more than five parent governors” there were substituted —
such number of parent governors (being not less than three nor more than five) as is specified in the proposals made under section 183(3)(a) or, as the case may be, 186 of this Act
.
2
Paragraph 5 shall have effect in relation to parent governors holding office, elected or appointed, before the date of implementation of the proposals as if —
a
in sub-paragraph (2), for “sub-paragraph (5) below” there were substituted “sub-paragraphs (3A), (5) and (9) below and any provisions contained in regulations made under section 186 of this Act”
b
after sub-paragraph (3), there were inserted —
3A
For the purposes of this paragraph “parent governor” includes, in the case of a governing body incorporated in pursuance of proposals under section 186 of this Act, any person who, in accordance with that section, became such a governor on the incorporation date in relation to the school.
;
c
in sub-paragraph (4), there were inserted at the beginning “Subject to sub-paragraphs (4A) and (4B) below”;
d
after sub-paragraph (4) there were inserted —
4A
In the case of a governing body incorporated in pursuance of proposals under section 186 of this Act the instrument of government shall, until every person who became a parent governor on the incorporation date in relation to the school has ceased to hold office, provide —
a
where a person who became a parent governor on the incorporation date in relation to the school was a governor of that category on the governing body of the school immediately before that date, for that person to hold office for the remainder of his term of office on the former governing body, and
b
where a person who became a parent governor on the incorporation date in relation to the school was elected, appointed or nominated to hold office as such under regulations made under that section, for that person to hold office for a term of four years beginning with the incorporation date.
4B
In the case of a governing body incorporated in pursuance of proposals under section 183(3)(a) of this Act, the instrument of government must, until every parent governor appointed before the date of implementation of the proposals has ceased to hold office, provide for any such governor to hold office —
a
until the end of the first school term following the date of implementation of the proposals, or
b
(if that period would exceed four years) for a term of four years.
; and
e
after sub-paragraph (6) there were added —
7
Sub-paragraph (5) above does not apply, in the case of a governing body incorporated in pursuance of proposals under section 183(3)(a) of this Act, to vacancies arising before the date of implementation of the proposals.
8
In the case of a governing body incorporated in pursuance of proposals under section 186 of this Act, in relation to the election of a person as a parent governor to that governing body during the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals —
a
section 15(2) to (6) of the Education ( No. 2) Act 1986 (qualifications and arrangements for election of parent and teacher governors) shall apply as it applies in relation to the election of a parent governor to the existing governing body of the school, and
b
the governing body incorporated in pursuance of proposals under section 186 of this Act shall inform the authority responsible for election arrangements under that Act of any vacancy arising for a parent governor,
and the instrument of government shall have effect accordingly.
9
In the case of a governing body incorporated in pursuance of proposals under section 183(3)(a) of this Act, the instrument of government shall have effect as if —
a
before the date of implementation of the proposals the governing body had power to appoint as parent governors persons who satisfy the requirements specified in sub-paragraph (10) below, and
b
the first appointments were to be made before that date.
10
The requirements referred to in sub-paragraph (9)(a) above are that —
a
the person appointed is a parent of a child who is likely to become a registered pupil at the school in question, or
b
where it is not reasonably practicable to appoint such a person —
i
in the case of a school established in a hospital, the person appointed is the parent of one or more children of compulsory school age, or
ii
in the case of a school not so established, the person appointed is a parent of one or more children of compulsory school age with special educational needs or, if that is also not reasonably practicable, the person appointed is the parent of a person of any age with special educational needs.
.
Teacher governors
3
1
Paragraph 6(1) shall have effect in relation to the initial instrument of government as if for “either one or two teacher governors” there were substituted —
such number of teacher governors (being either one or two) as is specified in the proposals made under section 183(3)(a) or, as the case may be, 186 of this Act
.
2
Paragraph 6 shall have effect in relation to teacher governors holding office, elected or appointed, before the date of implementation of the proposals as if —
a
in sub-paragraph (2), there were inserted at the beginning “Subject to sub-paragraph (3A) and (8) below and any provisions contained in regulations made under section 186 of this Act”;
b
after sub-paragraph (3) there were inserted —
3A
For the purposes of this paragraph “teacher governor” includes, in the case of a governing body incorporated in pursuance of proposals under section 186 of this Act, any person who, in accordance with that section, became such a governor on the incorporation date in relation to the school.
;
c
in sub-paragraph (4), there were inserted at the beginning “Subject to sub-paragraphs (5) and (6) below”; and
d
after sub-paragraph (4) there were added —
5
In the case of a governing body incorporated in pursuance of proposals under section 186 of this Act, the instrument of government shall, until every person who became a teacher governor on the incorporation date in relation to the school has ceased to hold office, provide —
a
where a person who became a teacher governor on the incorporation date in relation to the school was a governor of that category on the governing body of the school immediately before that date, for that person to hold office for the remainder of his term of office on the former governing body, and
b
where a person who became a teacher governor on the incorporation date in relation to the school was elected, appointed or nominated to hold office as such under regulations made under that section, for that person to hold office for a term of four years beginning with the incorporation date.
6
In the case of a governing body incorporated in pursuance of proposals under section 183(3)(a) of this Act, the instrument of government must, until every teacher governor appointed before the date of implementation of the proposals has ceased to hold office, provide for any such governor to hold office —
a
until the end of the first school term following the date of implementation of the proposals, or
b
(if that period would exceed four years) for a term of four years.
7
In the case of a governing body incorporated in pursuance of proposals under section 186 of this Act, in relation to the election of a person as a teacher governor to that governing body during the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals —
a
section 15(2) to (6) of the Education (No. 2) Act 1986 shall apply as it applies in relation to the election of a teacher governor to the existing governing body of the school, and
b
the governing body incorporated in pursuance of proposals under section 186 of this Act shall inform the authority responsible for election arrangements under that Act of any vacancy arising for a teacher governor,
and the instrument of government shall have effect accordingly.
8
In the case of a governing body incorporated in pursuance of proposals under section 183(3)(a) of this Act, the instrument of government shall have effect as if —
a
before the date of implementation of the proposals the governing body had power to appoint as teacher governors persons who satisfy the requirements specified in sub-paragraph (9) below, and
b
the first appointments were to be made before that date.
9
The requirements referred to in sub-paragraph (8)(a) above are that the person appointed is, or has been, employed to work as a teacher at a special school.
.
Head teacher
4
1
Paragraph 7 shall have effect in relation to the initial instrument of government, and the head teacher holding office before the date of implementation of proposals, as if —
a
at the beginning of paragraph 7 there were inserted “Subject to sub-paragraph (3) below”; and
b
paragraph 7 were to become sub-paragraph (1) of that paragraph and after that sub-paragraph there were inserted —
2
In the case of a governing body incorporated in pursuance of proposals under section 183(3)(a) of this Act, the instrument of government shall provide, in relation to any time before the date of implementation of the proposals when a person has been appointed to be the head teacher, for the governing body to include (as a governor ex officio) that person.
3
In the case of a governing body incorporated in pursuance of proposals under section 186 of this Act, the reference in sub-paragraph (1) above to the head teacher, in relation to any time before the date of implementation of the proposals, is to the existing head teacher.
.
First governors
5
1
Paragraph 8 shall have effect in relation to the initial instrument of government as if —
a
in sub-paragraph (2), for “such number of first governors as will secure that they outnumber the other governors” there were substituted —
such number of first governors (being a number which will secure that they outnumber the other governors) as is specified in the proposals made under section 183(3)(a) or, as the case may be, 186 of this Act
;
b
in sub-paragraph (5), there were inserted at the beginning “Subject to sub-paragraph (5A) below”; and
c
after sub-paragraph (5) there were inserted —
5A
Except where either of the provisions specified in sub-paragraph (5B) below apply, the initial instrument of government shall provide for a first governor to hold office for such term as was specified in the proposals made under section 183(3)(a) or, as the case may be, 186 of this Act as the proposed term of office for governors of that category.
5B
The provisions referred to in sub-paragraph (5A) above are —
a
paragraph 11(3) of this Schedule, and
b
where paragraph 6(5) of Schedule 5 to this Act applies in relation to the governing body of a grant-maintained special school by virtue of regulations made under paragraph 14 of this Schedule , that provision.
.
2
Paragraph 8 shall have effect in relation to first governors holding office before the date of implementation of the proposals as if —
a
in sub-paragraph (3), there were inserted at the beginning “Subject to sub-paragraphs (3A) and (3B) below”;
b
after sub-paragraph (3) there were inserted —
3A
In the case of a governing body incorporated in pursuance of proposals under section 186 of this Act, the instrument of government, notwithstanding sub-paragraph (3) above, shall have effect in relation to the determination of the persons who are to be the first governors on the incorporation date —
a
as if —
i
it required the first governors to include, where it is reasonably practicable, at least two persons who on the date of their selection or nomination are registered parents of registered pupils at the school, and
ii
it required the first governors to include at least two persons with experience of education for those with special educational needs,
but one person might satisfy both requirements, and
b
as if it required the first governors to include a person who appears to those selecting or nominating him to be a member of the local business community (and such a person might also satisfy one or both of the requirements of paragraphs (a)(i) and (ii) above).
3B
In the case of a governing body incorporated in pursuance of proposals under section 183(3)(a) of this Act —
a
any provision of the instrument made by virtue of sub-paragraph (3)(a)(i) above shall not apply in relation to the appointment before the date of implementation of the proposals of any first governor, and
b
any provision of the instrument made by virtue of sub-paragraph (3)(b) above shall apply, in relation to the determination of the persons who are to be first governors on the incorporation date, as if references to the governing body were references to the funding authority.
;
c
in sub-paragraph (4), there were inserted at the beginning “Subject to sub-paragraphs (4A) and (4B) below,”; and
d
after sub-paragraph (4) there were inserted —
4A
In the case of a governing body incorporated in pursuance of proposals under section 183(3)(a) of this Act, “first governor” includes a person who —
a
became a member of the governing body on the incorporation date in relation to the school, and
b
was appointed by the funding authority as a person appearing to them to be committed to the good government and continuing viability of the proposed school.
4B
In the case of a governing body incorporated in pursuance of proposals under section 186 of this Act, “first governor” includes a person who —
a
became a member of the governing body on the incorporation date in relation to the school, and
b
was selected or nominated under regulations made under section 186 of this Act as a person appearing to those selecting or nominating him to be committed to the good government and continuing viability of the proposed school.
.
Amendment of the Education (Grant-maintained Special Schools) Regulations 1994
6
1
The Education (Grant-maintained Special Schools) Regulations 1994 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 13, after paragraph (5) there shall be inserted —
5A
the name under which it is proposed the governing body should be incorporated;
.
3
After regulation 13 there shall be inserted —
Incorporation of governing body of a grant-maintained special school in pursuance of proposals under section 183(3)(a) of the 1993 Act
13A
Section 52(1) of the 1993 Act shall apply in relation to the establishment of a school in pursuance of proposals under section 183(3)(a) of that Act with the following modifications —
a
the words “or adopted” and “or (as the case may be) foundation” shall be omitted;
b
for the words “section 51” there shall be substituted the words “section 184(4)”; and
c
for the words “given in pursuance of paragraph 7(1)(f) of Schedule 3 to this Act” there shall be substituted “given in the notice of proposals under section 183(6) of this Act.
.
4
In regulation 21 (governing bodies) —
a
after “Act” there shall be inserted the words “(other than paragraphs 5, 6(1) to (4) and 10 of that Schedule)”;
b
for paragraph (2) there shall be substituted —
2
In paragraph 6(5), for the words “section 64 of” there shall be substituted the words “paragraph 9 of Schedule 11 to”
; and
c
paragraph (4) shall be omitted.
Gillian Shephard
Secretary of State for Education
24th July 1994
John Redwood
Secretary of State for Wales
26th July 1994


text:
Citation and commencement
1
This Order may be cited as the Community Health Care: North Durham National Health Service Trust (Establishment) Amendment Order 1994, and shall come into force on 10th February 1994.
Amendment of Establishment Order
2
In sub–paragraph (a) of article 3(2) of the Community Health Care: North Durham National Health Service Trust (Establishment) Order 1993 (functions of the trust) for the words “Dryburn Hospital, Durham DH1 5TW” there shall be substituted the words “County Hospital, Durham DH1 4ST”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
31st January 1994


text:
1
1
This Order may be cited as the Representation of the People (Variation of Limits of Candidates' Election Expenses) Order 1994 and shall come into force on the day after the day on which it is made.
2
Articles 6, 7 and 8 of this Order do not extend to Northern Ireland.
3
In this Order “the Act of 1983 ” means the Representation of the People Act 1983.
2
The maximum amount of a candidate’s election expenses at a parliamentary general election, being an election in a county constituency, shall be varied by substituting for the words “£4,330” and “4.9p” in section 76(2)(a)(i) of the Act of 1983 , the words “£4,642” and “5.2p”, respectively.
3
The maximum amount of a candidate’s election expenses at a parliamentary general election, being an election in a borough constituency, shall be varied by substituting for the words “£4,330” and “3.7p” in section 76(2)(a)(ii) of the Act of 1983, the words “£4,642” and “3.9p”, respectively.
4
The maximum amount of a candidate’s election expenses at a parliamentary by– election in a county constituency shall be varied by substituting for the words “£17,323” and “19.4p” in section 76(2)(aa)(i) of the Act of 1983 , the words “£18,572” and “20.8p”, respectively.
5
The maximum amount of a candidate’s election expenses at a parliamentary by– election in a borough constituency shall be varied by substituting for the words “£17,323” and “14.7p” in section 76(2)(aa)(ii) of the Act of 1983, the words “£18,572” and “15.8p”, respectively.
6
The maximum amount of a candidate’s election expenses at a local government election shall be varied by substituting for the words “£192” and “3.8p” in section 76(2)(b)(ii) of the Act of 1983 , the words “£205” and “4p”, respectively.
7
The maximum amount of a candidate’s election expenses at a ward election in the City of London shall be varied by substituting for the words “£192” and “3.8p” in section 197(1) of the Act of 1983 , the words “£205” and “4p”, respectively.
8
The maximum amount of a candidate’s election expenses at an election by liverymen in common hall shall be varied by substituting for the words “20.3p” in section 197(2) of the Act of 1983 , the words “21.8p”.
9
The Representation of the People (Variation of Limits of Candidates' Election Expenses) Order 1992 is hereby revoked.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
13th March 1994


text:
Commencement and citation
1
1
These Regulations may be cited as the Road Vehicles Lighting (Amendment) Regulations 1994.
2
These Regulations, except regulation 6, shall come into force on 1st October 1994 and regulation 6 shall come into force on 1st April 1995.
3
The Secretary of State is satisfied that —
a
it is requisite that the provisions of regulation 6 of these Regulations shall apply as from 1st April 1995 and the provisions of regulation 12 of these Regulations shall apply as from 1st October 1994 to vehicles registered under the Vehicle Excise and Registration Act 1994 before the expiration of one year from the making of these Regulations; and
b
notwithstanding that the said provisions will apply to those vehicles as from those dates, no undue hardship or inconvenience will be caused thereby.
Preliminary
2
1
The Road Vehicles Lighting Regulations 1989 shall be amended in accordance with the following provisions of these Regulations.
2
So far as any requirement is imposed by virtue of these Regulations, that requirement is imposed in exercise of the powers conferred by section 41 of the Road Traffic Act 1988 to the exclusion of the powers conferred by section 2(2) of the European Communities Act 1972.
Amendments to regulation 3(2) (Interpretation)
3
1
The Table in regulation 3(2) shall be amended as follows.
2
In the definition of “Community Directive 76/756/ EEC , as amended”, for that expression there shall be substituted “Community Directive 76/756/EEC , as last amended by Directive 89/278/EEC ”.
3
After that definition, there shall be inserted the following definition —
“Community Directive 76/756/EEC , as last amended by Directive 91/663/EEC ” Council Directive 76/756/EEC as last amended by Directive 89/278/EEC and further amended by Commission Directive 91/663/EEC (O.J.L366, 31.12.91, p.17).
4
After the definition of “Pedestrian-controlled vehicle” there shall be inserted the following definition —
“Prescribed sign” a sign which is of a type shown in Schedule 21A and complies with the requirements of that Schedule.
5
In the definition of “traffic sign”, for the words “the Act” there shall be substituted the words “the Road Traffic Regulation Act 1984”.
6
In the definition of “visiting vehicle”, for the words “Motor Vehicles (International Circulation) Regulations 1971” there shall be substituted the words “Motor Vehicles (International Circulation) Regulations 1985 ”.
Equivalent standards
4
After regulation 3, there shall be inserted the following —
Equivalent standards
3A
1
Nothing in these Regulations shall render unlawful any act or omission which would have been lawful were —
a
there to be substituted for any reference to a British Standard in these Regulations a reference to a corresponding standard, and
b
regulation 3(6) to apply in relation to that corresponding standard and the markings relating to that corresponding standard as it applies to a British Standard.
2
For the purposes of this regulation, “corresponding standard”, in relation to a relevant British Standard Specification, means —
a
a standard or code of practice of a national standards body or equivalent body of any State within the European Economic Area;
b
any international standard recognised for use as a standard by any State within the European Economic Area;
c
a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any State within the European Economic Area,
where the standard, code of practice, international standard or technical specification provides, in relation to lamps, retro reflectors and rear markings, a level of safety equivalent to that provided by that British Standard Specification and contains a requirement as respects the marking of such parts equivalent to that provided by that instrument.
.
Colour of light shown by lamps and reflectors (including reflectors on rear markings and signs on buses carrying children)
5
1
Regulation 11 shall be amended as follows.
2
In paragraphs (1) and (2), after the word “lamp” where it first appears in each case there shall be added the words “or retro reflective material”.
3
In paragraph (2)(t), for the words “rear marking of a type” to “fitted to” there shall be substituted the words “prescribed rear marking fitted in the appropriate manner to”;
4
The word “or” immediately following sub-paragraph (t) of sub-paragraph (2) shall be omitted and after sub-paragraph (u) of that sub-paragraph there shall be added the following —
v
reflected light from yellow retro reflective material incorporated in a prescribed sign and fitted to the rear of a bus; or
w
reflected light from yellow retro reflective material incorporated in a sign fitted to the rear of a bus in accordance with paragraph (4).
3
For the purposes of paragraph (2)(t), a rear marking fitted to a vehicle is a prescribed rear marking fitted in the appropriate manner if the rear marking —
a
is a rear marking of a description specified in the entry applicable to that vehicle in the right hand column of paragraph 1 of Part I of Schedule 19, and
b
complies with paragraphs 2 to 7 of that Part of that Schedule.
4
For the purposes of paragraph (2)(w), a sign (“the secondary sign”) is fitted to the rear of a bus in accordance with this paragraph if —
a
a prescribed sign is also fitted to the rear of a bus;
b
the total area of the retro reflective material incorporated in the secondary sign is no greater than the area of the prescribed sign; and
c
the secondary sign satisfies the requirements specified —
i
in the case of a bus which is owned or hired by a local education authority or any person managing an education establishment attended by children under the age of 16 years, in paragraph (5) or (6); or
ii
in any other case, in paragraph (6).
5
The requirements referred to in paragraph (4)(c)(i) are that the secondary sign contains no words or other markings apart from words or markings identifying the local education authority or the educational establishment (as the case may be).
6
The requirements referred to in paragraph (4)(c)(ii) are that the secondary sign contains no words or other markings apart from words or other markings which —
a
indicate that children are on board the bus when it is in motion or likely to be on board the bus or in its vicinity when it is stationary, and
b
are calculated to reduce the risk of road accidents involving such children.
6
After regulation 17, there shall be inserted —
Signs on buses carrying children
17A
1
Subject to paragraph (2), no person shall use or cause or permit to be used on a road a bus when it is carrying a child to or from his school unless —
a
a prescribed sign is fitted to the front of the bus and is plainly visible to road users ahead of the bus, and
b
a prescribed sign is fitted to the rear of the bus and is plainly visible to road users behind the bus.
2
Paragraph (1) does not apply where a bus is on a bus service of a description specified in paragraph 2 of the Schedule to the Fuel Duty Grant (Eligible Bus Services) Regulations 1985 .
3
For the purposes of this regulation —
a
a reference to a bus carrying a child to or from his school is a reference to a bus carrying a child —
i
to, or to a place within the vicinity of, his school on a day during term time before he has attended the school on that day; or
ii
from, or from a place within the vicinity of, his school on a day during term time after he has finished attending the school on that day;
b
“school” has the meaning given by section 114 of the Education Act 1944 ; and
c
a reference to a child is a reference to a child under the age of 16 years.
7
The Schedule set out in Schedule 1 to these Regulations shall be inserted after Schedule 21.
Filament lamps on pedal cycles
8
Paragraph (2) of regulation 14 shall be omitted.
Hazard warning lights
9
1
The Table in regulation 27 shall be amended as follows.
2
In column (3) of item 5, after sub-paragraph (iii) there shall be added the following words —
or
iv
in the case of a bus to which prescribed signs are fitted as described in sub-paragraphs (a) and (b) of regulation 17A(1), when the vehicle is stationary and children under the age of 16 years are entering or leaving, or are about to enter or leave, or have just left the vehicle.
Schedule 1 (obligatory lamps, reflectors, rear markings and devices)
10
1
Schedule 1 shall be amended as follows.
2
In —
a
the entry in Table I relating to a dim-dip device or running lamp; and
b
the entries in Tables I and VI relating to a side marker lamp,
for the words “Community Directive 76/756/EEC , as amended,” there shall be substituted the words “Community Directive 76/756/EEC as last amended by Directive 89/278/EEC or Community Directive 76/756/EEC as last amended by Directive 91/663/ EEC”.
3
In the entry relating to a side marker lamp in Table I, for the words “A vehicle in respect of which the following conditions are satisfied” there shall be substituted the words “A vehicle first used before 1st April 1996 in respect of which the following conditions are satisfied”.
4
In the entry relating to a side marker lamp in Table VI, for the words “A trailer in respect of which the following conditions are satisfied” there shall be substituted the words “A trailer manufactured before 1st October 1995 in respect of which the following conditions are satisfied”.
Front position lamps
11
1
In paragraph 5 of Part I of Schedule 2 —
a
after the word “Markings”, there shall be added the words “(see also regulation 3(6))”.
b
in sub-paragraph (c), the entry in the left hand column after the words “1st October 1990” there shall be added the words “and before the 1st October 1995”; and
c
after sub-paragraph (c) there shall be inserted the following paragraph —
ca
Any other vehicle manufactured on or after the 1st October 1995:
An approval mark or the British Standard mark which is specified in sub-paragraph (b) of the definition of “British Standard mark” below.
2
In paragraph 13 of Part I of Schedule 2 —
a
in the definition of “approval mark”, the words “motor” and “or any trailer” in sub-paragraph (b) shall be omitted; and
b
for the definition of “British Standard mark”, there shall be substituted —
“British Standard mark” means —
the mark indicated in the specification for photometric and physical requirements for lighting equipment published by the British Standards Institution under the reference BS 6102: Part 3: 1986 namely “6102/3”; or
the mark indicated in the specification for photometric and physical requirements for lighting equipment published by the British Standards Institution under the reference BS 6102: Part 3: 1986 as amended by AMD 5821 published on the 29th April 1988, namely “6102/3”.
.
Dim-dip devices and running lamps
12
In Part I of Schedule 3, for paragraph 3 there shall be substituted —
3
— The electrical connections to the obligatory dim-dip device shall be such that the light output specified in paragraph 1 above is automatically emitted whenever the following four conditions are satisfied, namely —
a
the engine is running, or the key or devices which control the starting or stopping of the engine are in the normal position for when the vehicle is being driven;
b
the obligatory main beam and dipped beam headlamps are switched off;
c
any front fog lamp fitted to the vehicle is switched off; and
d
the obligatory front position lamps are switched on.
4
The electrical connections to the obligatory running lamps shall be such that the light output specified in paragraph 2 above is automatically emitted, whenever the conditions set out in sub-paragraphs (a), (b) and (c) of paragraph 3 are satisfied.
.
Indicators
13
In Part I of Schedule 7, in paragraph 2(b)(iii)(A) for “1st April 1991” there shall be substituted “1st April 1995”.
Rear position lamps
14
1
In paragraph 5 of Part I of Schedule 10 —
a
after the word “Markings” there shall be added the words “(see also regulation 3(6))”
b
in sub-paragraph (a), for “paragraph (b), (c) or (d)” there shall be substituted “paragraph (b), (c), (d) or (e)”;
c
in sub-paragraph (d), in the entry in the left hand column, after the words “by hand” there shall be added the words “in each case manufactured before 1st October 1995”; and
d
after sub-paragraph (d) as so amended there shall be added the following sub-paragraph —
e
A pedal cycle, a trailer drawn by a pedal cycle, an invalid carriage having a maximum speed not exceeding 4 mph, a horse-drawn vehicle and a vehicle drawn or propelled by hand in each case manufactured on or after 1st October 1995.
An approval mark or the British Standard mark which is specified in sub-paragraph (c) of the definition of “British Standard mark”.
2
In paragraph 13 of Part I of Schedule 10, in the definition of “British Standard mark” after paragraph (b) there shall be added —
or
c
the mark indicated in the specification for photometric and physical requirements for lighting equipment published by the British Standards Institution under the reference BS 6102: Part 3: 1986 as amended by AMD 5821 published on the 29th April 1988, namely “6102/3”.
Rear markings — further provisions
15
For Schedule 19 there shall be substituted the Schedule set out in Schedule 2 to these Regulations.
Lamps and reflectors fitted on movable parts of a vehicle
16
1
In paragraph 12 of Part I of Schedule 7, sub-paragraph (c) shall be omitted.
2
In paragraph 12 of Part I of Schedule 10, sub-paragraph (b) shall be omitted.
3
In paragraph 8 of Part I of Schedule 18, sub-paragraph (c) shall be omitted.
Other amendments
17
1
In regulation 21(1)(b), for the word “of” there shall be substituted the word “or”.
2
In item 4 of the Table in regulation 21(1), for the words “lamps do not apply to any such additional lamp” at the end of the entry in column 3, there shall be substituted the words “lamps and rear retro reflectors do not apply to any such additional lamp and reflecting device”.
3
In regulation 23(2)(a)(ix), the words “Section B of” shall be omitted.
4
In paragraph 2(c)(i)(D) of Part I of Schedule 2, for the words “large passenger-carrying vehicle” there shall be substituted the word “bus”.
5
In paragraph 1(d) of Part I of Schedule 7, for the words “1st January 1936” in each place where they appear there shall be substituted the words “1st April 1936”.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under-Secretary of State,
Department of Transport
1st September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Morriston Hospital National Health Service Trust (Establishment) Order 1994 and shall come into force on 7th March 1994.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 7th March 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means Morriston Hospital 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 Morriston Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(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 authorities) shall be —
a
to own and manage hospital accommodation and services provided at Morriston Hospital, Morriston, Swansea, West Glamorgan SA6 6NL and associated hospitals;
b
to manage community health services provided from Morriston Hospital, Morriston, Swansea, West Glamorgan SA6 6NL and to own the associated premises.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non-executive directors shall be appointed from the University of Wales.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
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 the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
West Glamorgan Health Authority 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 he 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 premises to the trust.
2
West Glamorgan Health Authority 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 authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be West Glamorgan Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
John Redwood
Secretary of State for Wales
14th February 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Newham) Order 1994 and shall come into force on 4th July 1994.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
a reference in the Schedule to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in the Schedule to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in the Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.
Designation of special parking area
3
1
The Secretary of State hereby designates the London borough of Newham except the roads named or described in the Schedule to this Order as a special parking area.
2
A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.
Modification of the Road Traffic Regulation Act 1984
4
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Newham as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection: —
1A
In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (London Borough of Newham) Order 1994.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,
as they may require.
Modification of the Road Traffic Act 1991
5
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection: —
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the London borough of Newham as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
6th June 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Liverpool and Broadgreen University Hospitals National Health Service Trust (Establishment) Order 1994 and shall come into force on 1st April 1995.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal Liverpool and Broadgreen University Hospitals 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 Royal Liverpool and Broadgreen University Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(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 authorities) shall be to own and manage hospital accommodation and services provided at the Royal Liverpool University Hospital, Prescot Street, Liverpool L7 8XP, Broadgreen Hospital, Thomas Drive, Liverpool L14 3LB and associated hospitals (including the management of their teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non — executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non — executive directors shall be appointed from the University of Liverpool.
Operational date and accounting date of 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.
Restriction on disposal of assets
6
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th December 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Microbiological Research Authority Regulations 1994 and shall come into force on 1st April 1994.
2
In these Regulations —
“appointing authority” means —
in relation to the Chairman and any non-officer member of the Authority , the Secretary of State; and
in relation to any officer member other than the chief officer, a committee of the Authority comprising the Chairman, the non-officer members and the chief officer;
“the Authority” means the Microbiological Research Authority established by the Order ;
“Chairman” means the Chairman of the Authority;
“chief officer” means the chief officer of the Authority;
“member” means a member of the Authority other than the Chairman;
“non-officer member” and “officer member” mean respectively, a member who is not, and one who is, an officer of the Authority;
“the Order” means the Microbiological Research Authority (Establishment and Constitution) Order 1994 ;
“the 1990 Regulations ” means the Regional and District Health Authorities (Membership and Procedure) Regulations 1990 .
Appointment of Chairman and members
2
1
The Chairman and non-officer members shall be appointed by the Secretary of State.
2
The officer members other than the chief officer shall be appointed by a committee of the Authority comprising the Chairman, the non-officer members and the chief officer.
Tenure of office
3
Subject to regulation 4 of these Regulations and to provisions of the 1990 Regulations applied by these Regulations —
a
the term of office of the Chairman and of members other than the chief officer shall be for such period, not exceeding 4 years, as the appointing authority shall specify on making the appointment; and
b
the chief officer shall hold office as a member for so long as he remains the chief officer.
Termination of tenure of office
4
1
The Chairman, and any member other than the chief officer, may resign his office at any time during the period for which he was appointed, by giving notice in writing to the appointing authority which appointed him.
2
Where the Secretary of State is of the opinion that it is not in the interests of the Authority or of the health service that the Chairman, or a non-officer member, should continue to hold that office, she may forthwith terminate his term of office.
Eligibility for re-appointment
5
Subject to the provisions of the Order as to qualification, and to the provisions of the 1990 Regulations applied by these Regulations as they relate to disqualification, for appointment to the Authority, the Chairman and any member shall, on the termination of his term of office, be eligible for re-appointment.
Application of Regulations relating to membership and procedure
6
1
Subject to paragraphs (2) to (4) of this regulation, the following provisions of the 1990 Regulations shall apply to the Authority:
a
regulation 8 (termination of tenure, or suspension, of officer member);
b
regulation 11(2), (4), (5) and (6) (termination of non-officer member’s tenure of office), regulation 13(1)(a) to (e), (2) and (3) (disqualification for appointment) and regulation 14 (cessation of disqualification); and
c
regulation 15 (appointment of vice-chairman), regulation 16 (powers of vice-chairman), regulation 17 (appointment of committees and sub-committees), regulation 18 (arrangements for the exercise of functions), regulation 19 (meetings and proceedings), regulation 20 (disability on account of pecuniary interests), and Schedule 2 (rules as to meetings and proceedings);
and regulation 1(2) to (4) (interpretation) so far as it relates to those provisions.
2
Regulation 8(1) and (2) of the 1990 Regulations shall not apply in the case of the chief officer.
3
The provisions of the 1990 Regulations referred to in paragraph (1)(b) of this regulation shall not apply in relation to officer members.
4
In the application to the Authority of any provisions of the 1990 Regulations specified in paragraph (1) of this regulation —
a
any reference in those provisions to an Authority shall be construed as a reference to the Authority; and
b
the expression “appointing authority” in those provisions shall have the same meaning as in these Regulations.
Reports by the Authority
7
The Authority shall make reports to the Secretary of State in such manner and at such time, being at least once each year, as the Secretary of State may direct, and shall furnish to the Secretary of State such information as she may from time to time require.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State
Department of Health
8th March 1994


text:
PART 1
GENERAL
Citation and commencement
1
These Regulations may be cited as the Special Educational Needs Tribunal Regulations 1994 and shall come into force on 1st September 1994.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the 1993 Act ” means the Education Act 1993;
“ authority ” means the local education authority which made the disputed decision ;
“ child ” means the child in respect of whom the appeal is brought;
“disputed decision” means the decision or determination in respect of which the appeal is brought;
“the clerk to the tribunal ” means the person appointed by the Secretary of the Tribunal to act in that capacity at one or more hearings;
“ hearing ” means a sitting of the tribunal duly constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything lawfully requisite to enable the tribunal to reach a decision on any question;
“ parent ” means a parent who has made an appeal to the Special Educational Needs Tribunal under the 1993 Act;
“ records ” means the records of the Special Educational Needs Tribunal;
“the Secretary of the Tribunal” means the person for the time being acting as the Secretary of the office of the Special Educational Needs Tribunal;
“the tribunal” means the Special Educational Needs Tribunal but where the President has determined pursuant to regulation 4(1) that the jurisdiction of the Special Educational Needs Tribunal is to be exercised by more than one tribunal, it means, in relation to any proceedings, the tribunal to which the proceedings have been referred by the President;
“working day” means any day other than —
a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 ; or
a day in August.
Members of lay panel
3
No person may be appointed member of the lay panel unless the Secretary of State is satisfied that he has knowledge and experience in respect of —
a
children with special educational needs; or
b
local government.
Establishment of tribunals
4
1
Such number of tribunals shall be established to exercise the jurisdiction of the Special Educational Needs Tribunal as the President may from time to time determine.
2
The tribunals shall sit at such times and in such places as may from time to time be determined by the President.
Membership of tribunal
5
1
Subject to the provisions of regulation 29(5), the tribunal shall consist of a chairman and two other members.
2
For each hearing —
a
the chairman shall be the President or a person selected from the chairman’s panel by the President; and
b
the two other members of the tribunal other than the chairman shall be selected from the lay panel by the President.
Proof of documents and certification of decisions
6
1
A document purporting to be a document issued by the Secretary of the Tribunal on behalf of the Special Educational Needs Tribunal shall, unless the contrary is proved, be deemed to be a document so issued.
2
A document purporting to be certified by the Secretary of the Tribunal to be a true copy of a document containing a decision of the tribunal shall, unless the contrary is proved, be sufficient evidence of matters contained therein.
PART 2
MAKING AN APPEAL TO THE TRIBUNAL AND REPLY BY THE AUTHORITY
(A) THE PARENT
Notice of appeal
7
1
An appeal to the Special Educational Needs Tribunal shall be made by notice which —
a
shall state —
i
the name and address of the parent making the appeal;
ii
the name of the child;
iii
that the notice is a notice of appeal;
iv
the name of the authority which made the disputed decision and the date on which the parent was notified of it;
v
the grounds of the appeal;
b
shall be accompanied (as appropriate) by —
i
a copy of the notice of the disputed decision;
ii
a copy of the child’s statement of special educational needs; and
c
may state the name, address and profession of any representative of the parent to whom the tribunal should send replies or notices concerning the appeal instead of to the parent.
2
The parent shall sign the notice of appeal.
3
The parent must deliver the notice of appeal to the Secretary of the Tribunal so that it is received no later than the first working day after the expiry of 2 months from the date on which the authority gave him notice, pursuant to the 1993 Act, that he had a right of appeal.
Response, amendment of appeal and delivery of supplementary grounds of appeal
8
1
If the authority delivers a reply under regulation 12 the parent may deliver a written response to it.
2
A response under paragraph (1) above must be delivered to the Secretary of the Tribunal not later than 15 working days from the date on which the parent receives a copy of the authority’s written reply from the Secretary of the Tribunal.
3
The parent may in exceptional cases (in addition to delivering a response under paragraph (1) above) —
a
with the permission of the President, at any time before the hearing; or
b
with the permission of the tribunal at the hearing itself —
amend the notice of appeal or any response, deliver a supplementary statement of grounds of appeal or amend a supplementary statement of grounds of appeal.
4
The parent shall deliver a copy of every amendment and supplementary statement made under paragraph (3) above before the hearing to the Secretary of the Tribunal.
Withdrawal of appeal
9
The parent may —
a
at any time before the hearing of the appeal withdraw his appeal by sending to the Secretary of the Tribunal a notice signed by him stating that he withdraws his appeal;
b
at the hearing of the appeal, withdraw his appeal.
Further action by parent
10
1
The parent shall supply the Secretary of the Tribunal with the information requested in the enquiry made under regulation 18.
2
If the parent does not intend to attend or be represented at the hearing, he may, not less than 5 working days before the hearing, send to the Secretary of the Tribunal additional written representations in support of his appeal.
Representatives of the parent: further provisions
11
1
Where a parent has not stated the name of a representative in the notice of appeal pursuant to regulation 7(1)(c) he may at any time before the hearing notify the Secretary of the Tribunal of the name, address and profession of a representative to whom the tribunal should send any subsequent documents or notices concerning the appeal instead of to the parent.
2
Where a parent has stated the name of a representative, whether in the notice of appeal pursuant to regulation 7(1)(c) or pursuant to paragraph (1) above, he may at any time notify the Secretary of the Tribunal —
a
of the name, address and profession of a new representative of the parent to whom the tribunal should send documents or notices concerning the appeal instead of to the representative previously notified; or
b
that no person is acting as a representative of the parent and accordingly any subsequent documents or notices concerning the appeal should be sent to the parent himself.
3
At a hearing, the parent may conduct his case himself (with assistance from one person if he wishes) or may appear and be represented by one person whether or not legally qualified:
Provided that, if the President gives permission before the hearing or the tribunal gives permission at the hearing, the parent may obtain assistance or be represented by more than one person.
(B) THE REPLY BY THE AUTHORITY
Action by the authority on receipt of a notice of appeal
12
1
An authority which receives a copy of a notice of appeal shall deliver to the Secretary of the Tribunal a written reply acknowledging service upon it of the notice of appeal and stating —
a
whether or not the authority intends to oppose the appeal and, if it does intend to oppose the appeal, the grounds on which it relies; and
b
the name and profession of the representative of the authority and the address for service of the authority for the purposes of the appeal.
2
The authority shall include with its reply a statement summarising the facts relating to the disputed decision and, if they are not part of that decision, the reasons for the disputed decision.
3
Every such reply shall be signed by an officer of the authority who is authorised to sign such documents and shall be delivered to the Secretary of the Tribunal not later than 20 working days after the date on which the copy of the notice of appeal was received by the authority from the Secretary of the Tribunal.
Amendment of reply by the authority
13
1
The authority, if it has delivered a reply pursuant to regulation 12, may, in exceptional cases —
a
with the permission of the President at any time before the hearing; or
b
with the permission of the tribunal at the hearing itself
amend its reply, deliver a supplementary reply or amend a supplementary reply.
2
The President or, as the case may be, the tribunal may give permission under paragraph (1) above on such terms as he or it thinks fit including the payment of costs or expenses.
3
The authority shall send a copy of every amendment and supplementary statement made before the hearing to the Secretary of the Tribunal.
Notice that an appeal is misconceived
14
1
Where the authority is of the opinion that an appeal does not lie to, or cannot be entertained by, the Special Educational Needs Tribunal, it may serve a notice to that effect on the Secretary of the Tribunal stating the grounds for such contention and applying for the appeal to be struck out.
2
The Secretary of the Tribunal shall send a copy of the notice and of any accompanying documents to the parent.
3
An application under this regulation may be heard by the tribunal as a preliminary point of law or at the beginning of the hearing of the substantive appeal.
Failure to reply and absence of opposition
15
If no reply is received by the Secretary of the Tribunal within the time appointed by regulation 12(3) or if the authority states in writing that it does not resist the appeal, or withdraws its opposition to the appeal, the tribunal may determine the appeal on the basis of the notice of appeal without a hearing or may (without notifying the authority) hold a hearing at which the authority is not represented.
Representation at hearing and further action by the authority
16
1
At a hearing the authority may be represented by one person whether or not legally qualified:
Provided that if the President gives permission before the hearing or the tribunal gives permission at the hearing the authority may be represented by more than one person.
2
The authority shall supply the Secretary of the Tribunal with the information requested in the enquiry made under regulation 18.
3
If the authority does not intend to attend or be represented at the hearing it may, not less than 5 working days before the hearing, send to the Secretary of the Tribunal additional written representations in support of its reply.
PART 3
PREPARATION FOR A HEARING
Acknowledgement of appeal and service of documents by the Secretary of the Tribunal
17
1
Upon receiving a notice of appeal the Secretary of the Tribunal shall —
a
enter particulars of it in the records;
b
send to the parent —
i
an acknowledgement of its receipt and a note of the case number entered in the records;
ii
a note of the address to which notices and communications to the Special Educational Needs Tribunal or to the Secretary of the Tribunal should be sent; and
iii
notification that advice about the appeal procedure may be obtained from the office of the Special Educational Needs Tribunal;
c
subject to paragraph (5) below, send to the authority —
i
a copy of the notice of appeal and any accompanying papers;
ii
a note of the address to which notices and communications to the Special Educational Needs Tribunal or to the Secretary of the Tribunal should be sent, and
iii
a notice stating the time for replying and the consequences of failure to do so.
2
Where the Secretary of the Tribunal is of the opinion that, on the basis of the notice of appeal, the parent is asking the Special Educational Needs Tribunal to do something which it cannot, he may give notice to that effect to the parent stating the reasons for his opinion and informing him that the notice of appeal will not be entered in the records unless the parent notifies the Secretary of the Tribunal that he wishes to proceed with it.
3
An appeal, as respects which a notice has been given in pursuance of paragraph (2) above, shall only be treated as having been received for the purposes of paragraph (1) when the parent notifies the Secretary of the Tribunal that he wishes to proceed with it.
4
Subject to paragraph (5) below, the Secretary of the Tribunal shall forthwith send a copy of a reply by the authority under regulation 12 and of a response under regulation 8 together with any amendments or supplementary statements, written representations or other documents received from a party, to the other party to the proceedings.
5
If a notice of appeal, reply by the authority under regulation 12 or response by the parent under regulation 8 is delivered to the Secretary of the Tribunal after the time prescribed by these Regulations, the Secretary of the Tribunal shall defer the sending of the copies referred to in paragraph (1)(c) or (4) above pending a decision by the President as to an extension of the time limit pursuant to regulation 42.
Enquiries by Secretary of the Tribunal
18
The Secretary of the Tribunal shall, at any time after he has received the notice of appeal —
a
enquire of each party —
i
whether or not the party intends to attend the hearing;
ii
whether the party wishes to be represented at the hearing in accordance with regulation 11(3) or 16(1) and if so the name of the representative;
iii
whether the party wishes the hearing to be in public;
iv
whether the party intends to call witnesses and if so the names of the proposed witnesses; and
v
whether the party or a witness will require the assistance of an interpreter; and
b
enquire of the parent whether he wishes any persons (other than a person who will represent him) to attend the hearing if the hearing is to be in private and if so the names of such persons.
Directions in preparation for a hearing
19
1
The President may at any time give such directions (including the issue of a witness summons) as are provided in this Part of these Regulations to enable the parties to prepare for the hearing or to assist the tribunal to determine the issues.
2
Directions given pursuant to regulations 21 and 22 may be given on the application of a party or of the President’s own motion.
3
A witness summons issued pursuant to regulation 23 may only be issued on the application of a party.
4
An application by a party for directions (other than during a hearing) shall be made in writing to the Secretary of the Tribunal and, unless it is accompanied by the written consent of the other party, shall be served by the Secretary of the Tribunal on that other party. If the other party objects to the directions sought, the President shall consider the objection and, if he considers it necessary for the determination of the application, shall give the parties an opportunity of appearing before him.
5
Directions containing a requirement under this Part of these Regulations shall, as appropriate —
a
include a statement of the possible consequences for the appeal, as provided by regulation 24, of a party’s failure to comply with the requirement within the time allowed by the President; and
b
contain a reference to the fact that, under section 180(5) of the 1993 Act, any person who without reasonable excuse fails to comply with requirements regarding discovery or inspection of documents, or regarding attendance to give evidence and produce documents, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale and shall, unless the person to whom the direction is addressed had an opportunity of objecting to the direction, contain a statement to the effect that that person may apply to the President under regulation 20 to vary or set aside the direction.
Varying or setting aside of directions
20
Where a person to whom a direction (including any summons) given under this Part of these Regulations is addressed had no opportunity to object to the giving of such direction, he may apply to the President, by notice to the Secretary of the Tribunal, to vary it or set it aside, but the President shall not so do without first notifying the person who applied for the direction and considering any representations made by him.
Particulars and supplementary statements
21
The President may give directions requiring any party to provide such particulars or supplementary statements as may be reasonably required for the determination of the appeal.
Disclosure of documents and other material
22
1
The President may give directions requiring a party to deliver to the tribunal any document or other material which the tribunal may require and which it is in the power of that party to deliver. The President shall make such provision as he thinks necessary to supply copies of any document obtained under this paragraph to the other party to the proceedings, and it shall be a condition of such supply that that party shall use such a document only for the purposes of the appeal.
2
The President may grant to a party such discovery or inspection of documents (including the taking of copies) as might be granted by a county court.
Summoning of witnesses
23
The President may by summons require any person in England and Wales to attend as a witness at a hearing of an appeal at such time and place as may be specified in the summons and at the hearing to answer any questions or produce any documents or other material in his custody or under his control which relate to any matter in question in the appeal:
Provided that —
a
no person shall be compelled to give any evidence or produce any document or other material that he could not be compelled to give or produce at a trial of an action in a Court of law;
b
in exercising the powers conferred by this regulation, the President shall take into account the need to protect any matter that relates to intimate personal or financial circumstances or consists of information communicated or obtained in confidence;
c
no person shall be required to attend in obedience to such a summons unless he has been given at least 5 working days' notice of the hearing or, if less than 5 working days, he has informed the President that he accepts such notice as he has been given; and
d
no person shall be required in obedience to such a summons to attend and give evidence or to produce any document unless the necessary expenses of his attendance are paid or tendered to him.
Failure to comply with directions
24
1
If a party has not complied with a direction to it under this Part of these Regulations within the time specified in the direction the tribunal may —
a
where the party in default is the parent, dismiss the appeal without a hearing;
b
where the party in default is the authority, determine the appeal without a hearing; or
c
hold a hearing (without notifying the party in default) at which the party in default is not represented.
2
In this regulation “the party in default” means the party which has failed to comply with the direction.
Notice of place and time of hearing and adjournments
25
1
Subject to the provisions of regulation 26, the Secretary of the Tribunal shall, with due regard to the convenience of the parties, fix the time and place of the hearing and, not less than 10 working days before the date so fixed (or such shorter time as the parties agree), send to each party a notice that the hearing is to be at such time and place.
2
The Secretary of the Tribunal shall include in or with the notice of hearing —
a
information and guidance, in a form approved by the President, as to attendance at the hearing of the parties and witnesses, the bringing of documents, and the right of representation or assistance as provided by regulation 11(3) or 16(1); and
b
a statement explaining the possible consequences of non-attendance and of the right of —
i
a parent; and
ii
the authority, if it has presented a reply,
who does not attend and is not represented, to make representations in writing.
4
The tribunal may alter the time and place of any hearing and the Secretary of the Tribunal shall give the parties not less than 5 working days (or such shorter time as the parties agree) notice of the altered hearing date:
Provided that any altered hearing date shall not (unless the parties agree) be before the date notified under paragraph (1).
5
The tribunal may from time to time adjourn the hearing and, if the time and place of the adjourned hearing are announced before the adjournment, no further notice shall be required.
PART 4
DETERMINATION OF APPEALS
Power to determine an appeal without a hearing
26
1
The tribunal may —
a
if the parties so agree in writing; or
b
in the circumstances described in regulations 15 and 24,
determine an appeal or any particular issue without a hearing.
2
The provisions of regulation 28(2) shall apply in respect of the determination of an appeal, or any particular issue, under this regulation.
Hearings to be in private: exceptions
27
1
A hearing by the tribunal shall be in private unless —
a
both the parent and the authority request that the hearing be in public; or
b
the tribunal orders that the hearing should be in public.
2
The following persons (as well as the parties and their representatives) shall be entitled to attend the hearing of an appeal, even though it is in private —
a
any person named by the parent in response to the enquiry under regulation 18(b) unless the President has determined that any such person shall not be entitled to attend the hearing and notified the parent accordingly;
b
a parent of the child who is not a party to the appeal;
c
the clerk to the tribunal and the Secretary of the Tribunal;
d
the President and any member of the chairmen’s or lay panel (when not sitting as members of the tribunal);
e
a member of the Council on Tribunals;
f
any person undergoing training as a member of the chairmen’s or lay panel or as a clerk to the tribunal;
g
any person acting on behalf of the President in the training or supervision of clerks to tribunals;
h
an interpreter.
3
The tribunal, with the consent of the parties or their representatives actually present, may permit any other person to attend the hearing of an appeal which is held in private.
4
Without prejudice to any other powers it may have, the tribunal may exclude from the hearing, or part of it, any person whose conduct has disrupted or is likely, in the opinion of the tribunal, to disrupt the hearing.
5
For the purposes of arriving at its decision a tribunal shall, and for the purposes of discussing any question of procedure may, notwithstanding anything contained in these Regulations, order all persons to withdraw from the sitting of the tribunal other than the members of the tribunal or any of the persons mentioned in paragraph (2)(c) to (f) above.
6
Except as provided in paragraph (7) below none of the persons mentioned in paragraph (2) or (3) above shall, save in the case of the clerk to the tribunal or an interpreter as their respective duties require, take any part in the hearing or (where entitled or permitted to remain) in the deliberations of the tribunal.
7
The tribunal may permit a parent of the child who is not a party to the appeal to address the tribunal on the subject matter of the appeal.
Failure of parties to attend hearing
28
1
If a party fails to attend or be represented at a hearing of which he has been duly notified, the tribunal may —
a
unless it is satisifed that there is sufficient reason for such absence, hear and determine the appeal in the party’s absence; or
b
adjourn the hearing,
and may make such order as to costs and expenses as it thinks fit.
2
Before disposing of an appeal in the absence of a party, the tribunal shall consider any representations in writing submitted by that party in response to the notice of hearing and, for the purpose of this regulation the notice of appeal, any reply by the authority under regulations 12 or 13 and any response by the parent under regulation 8 shall be treated as representations in writing.
Procedure at hearing
29
1
At the beginning of the hearing the chairman shall explain the order of proceeding which the tribunal proposes to adopt.
2
The tribunal shall conduct the hearing in such manner as it considers most suitable to the clarification of the issues and generally to the just handling of the proceedings; it shall, so far as appears to it appropriate, seek to avoid formality in its proceedings.
3
The tribunal shall determine the order in which the parties are heard and the issues determined.
4
The tribunal may, if it is satisifed that it is just and reasonable to do so, permit a party to rely on grounds not stated in his notice of appeal or, as the case may be, his reply or response and to adduce any evidence not presented to the authority before or at the time it took the disputed decision.
5
If after the commencement of any hearing a member of the tribunal other than the chairman is absent, the hearing may, with the consent of the parties, be conducted by the other two members and in that event the tribunal shall be deemed to be properly constituted and the decision of the tribunal shall be taken by those two members.
Evidence at hearing
30
1
In the course of the hearing the parties shall be entitled to give evidence, to call witnesses, to question any witnesses and to address the tribunal both on the evidence and generally on the subject matter of the appeal:
Provided that neither party shall be entitled to call more than two witnesses to give evidence orally (in addition to any witnesses whose attendance is required pursuant to paragraph (2) below) unless the President has given permission before the hearing or the tribunal gives permission at the hearing.
2
Evidence before the tribunal may be given orally or by written statement, but the tribunal may at any stage of the proceedings require the personal attendance of any maker of any written statement.
3
The tribunal may receive evidence of any fact which appears to the tribunal to be relevant.
4
The tribunal may require any witness to give evidence on oath or affirmation, and for that purpose there may be administered an oath or affirmation in due form, or may require any evidence given by written statement to be given by affidavit.
Decision of the tribunal
31
1
A decision of the tribunal may be taken by a majority and where the tribunal is constituted by two members only under regulation 29(5) the chairman shall have a second or casting vote.
2
The decision of the tribunal may be given orally at the end of the hearing or reserved and, in any event, whether there has been a hearing or not, shall be recorded forthwith in a document which, save in the case of a decision by consent, shall also contain, or have annexed to it, a statement of the reasons (in summary form) for the tribunal’s decision, and each such document shall be signed and dated by the chairman.
3
Neither a decision given orally nor the document referred to in paragraph (2) above shall contain any reference to the decision being by majority (if that be the case) or to any opinion of a minority.
4
Every decision of the tribunal shall be entered in the records.
5
As soon as may be the Secretary of the Tribunal shall send a copy of the document referred to in paragraph (2) above to each party, accompanied by guidance, in a form approved by the President, about the circumstances in which there is a right to appeal against a tribunal decision and the procedure to be followed.
6
Every decision shall be treated as having been made on the date on which a copy of the document recording it is sent to the parent (whether or not the decision has been previously announced at the end of the hearing).
Review of the tribunal’s decision
32
1
If, on the application of a party to the Secretary of the Tribunal or of its own motion, the tribunal is satisfied that —
a
its decision was wrongly made as a result of an error on the part of the tribunal staff;
b
a party, who was entitled to be heard at a hearing but failed to appear or be represented, had good and sufficient reason for failing to appear; or
c
the interests of justice require,
the tribunal may review and, by certificate under the chairman’s hand, set aside or vary the relevant decision.
2
An application for the purposes of paragraph (1) above may be made immediately following the decision at the hearing. If an application is not made at the hearing, it shall be made not later than 10 working days after the date on which the decision was sent to the parties, and shall be in writing stating the grounds in full. When the tribunal proposes to review its decision of its own motion, it shall serve notice of that proposal on the parties within the same period.
3
An application for the purposes of paragraph (1) above may be refused by the President, or by the chairman of the tribunal which decided the case, if in his opinion it has no reasonable prospect of success.
4
If the application is not refused under paragraph (3) above, the parties shall have an opportunity to be heard on any application or proposal for review under this regulation and the review shall be determined by the tribunal which decided the case or, where it is not practicable for it to be heard by that tribunal, by a tribunal appointed by the President; and if, having reviewed the decision, the decision is set aside, the tribunal shall substitute such decision as it thinks fit or order a rehearing before either the same or a differently constituted tribunal.
5
If any decision is set aside or varied under this regulation or altered in any way by order of a superior court, the Secretary of the Tribunal shall alter the entry in the records to conform with the chairman’s certificate or order of a superior court and shall notify the parties accordingly.
Review of the President’s decision
33
1
If, on the application of a party to the Secretary of the Tribunal or of his own motion the President is satisfied that —
a
a decision by him was wrongly made as a result of an error on the part of the tribunal staff; or
b
the interests of justice require,
the President may review and set aside the relevant decision of his.
2
An application for the purposes of paragraph (1) shall be made not later than 10 working days after the date on which the party making the application was notified of the decision and shall be in writing stating the grounds in full. Where the President proposes to review his decision of his own motion he shall serve notice of that proposal on the parties within the same period.
3
The parties shall have an opportunity to be heard on any application or proposal for review under this regulation and the review shall be determined by the President.
4
If any decision is set aside or varied under this regulation the Secretary of the Tribunal shall alter the entry in the records and shall notify the parties accordingly.
Orders for costs and expenses
34
1
The tribunal shall not normally make an order in respect of costs and expenses, but may, subject to paragraph (2) below, make such an order —
a
against a party (including any party who has withdrawn his appeal or reply) if it is of the opinion that that party has acted frivolously or vexatiously or that his conduct in making, pursuing or resisting an appeal was wholly unreasonable;
b
against an authority which has not delivered a written reply under regulation 12; or
c
against the authority, where it considers that the disputed decision was wholly unreasonable.
2
Any order in respect of costs and expenses may be made —
a
as respects any costs or expenses incurred, or any allowances paid; or
b
as respects the whole, or any part, of any allowance (other than allowances paid to members of tribunals) paid by the Secretary of State under section 180(3) of the 1993 Act to any person for the purposes of, or in connection with, his attendance at the tribunal.
3
No order shall be made under paragraph (1) above against a party without first giving that party an opportunity of making representations against the making of the order.
4
An order under paragraph (1) above may require the party against whom it is made to pay the other party either a specified sum in respect of the costs and expenses incurred by that other party in connection with the proceedings or the whole or part of such costs as taxed (if not otherwise agreed).
5
Any costs required by an order under this regulation to be taxed may be taxed in the county court according to such of the scales prescribed by the county court rules for proceedings in the county court as shall be directed in the order.
PART 5
ADDITIONAL POWERS OF AND PROVISONS RELATING TO THE TRIBUNAL
Transfer of proceedings
35
Where it appears to the President that an appeal pending before a tribunal could be determined more conveniently in another tribunal he may at any time, upon the application of a party or of his own motion, direct that the said proceedings be transferred so as to be determined in that other tribunal:
Provided that no such direction shall be given unless notice has been sent to all parties concerned giving them an opportunity to show cause why such a direction should not be given.
Miscellaneous powers of the tribunal
36
1
Subject to the provisions of the 1993 Act and these Regulations, a tribunal may regulate its own procedure.
2
A tribunal may, if it thinks fit, if both parties agree in writing upon the terms of a decision to be made by the tribunal, decide accordingly.
Power to strike out
37
1
The tribunal may, on the application of the President or the authority, at any stage of the proceedings order that an appeal should be struck out —
a
on the grounds that it is not within the jurisdiction of the Special Educational Needs Tribunal;
b
on the grounds that the appeal or the notice of appeal is scandalous, frivolous or vexatious; or
c
for want of prosecution.
2
Before the tribunal makes an order under paragraph (1) above, the Secretary of the Tribunal shall give to the parent a notice inviting representations and the tribunal shall consider any representations duly made. If the parent does not request an opportunity to make oral representations, the Tribunal need not hold a hearing.
3
The President may, if he thinks fit, at any stage of the proceedings order that a reply, response or statement should be struck out or amended on the grounds that it is scandalous, frivolous or vexatious.
4
Before making an order under paragraph (3) above, the President shall give to the party against whom he proposes to make the order a notice inviting representations and shall consider any representations duly made.
5
For the purposes of paragraphs (2) and (4) above —
a
a notice inviting representations must inform the recipient that he may, within a period (not being less than 5 working days) specified in the notice, either make written representations or request an opportunity to make oral representations;
b
representations are duly made if —
i
in the case of written representations, they are made within the period so specified; and
ii
in the case of oral representaions, the party proposing to make them has requested an opportunity to do so within the period so specified.
Power to exercise powers of the President and Chairman
38
1
An act required or authorised by these Regulations to be done by the President may be done by a member of the chairman’s panel authorised by the President.
2
Where, pursuant to paragraph (1) above, a member of the chairman’s panel carries out the function under regulation 5(2) of selecting the chairman of a tribunal, he may select himself.
3
Where, pursuant to paragraph (1) above a member of the chairman’s panel makes a decision, regulation 33 shall apply in relation to that decision taking the reference in that regulation to the President as a reference to the member of the chairman’s panel by whom the decision was taken.
4
Subject to regulation 40(5) in the event of the death or incapacity of the chairman following the decision of the tribunal in any matter, the functions of the chairman for the completion of the proceedings, including any review of the decision, may be exercised by the President or any member of the chairman’s panel.
The Secretary of the Tribunal
39
A function of the Secretary of the Tribunal may be performed by another member of the staff of the tribunal authorised for the purpose of carrying out that function by the President.
Irregularities
40
1
An irregularity resulting from failure to comply with any provisions of these Regulations or of any direction of the tribunal before the tribunal has reached its decision shall not of itself render the proceedings void.
2
Where any such irregularity comes to the attention of the tribunal, the tribunal may, and shall, if it considers that any person may have been prejudiced by the irregularity, give such directions as it thinks just before reaching its decision to cure or waive the irregularity.
3
Clerical mistakes in any document recording a decision of the tribunal or a direction or decision of the President produced by or on behalf of the tribunal or errors arising in such documents from accidental slips or omissions may at any time be corrected by the chairman or the President (as the case may be) by certificate under his hand.
4
The Secretary of the Tribunal shall as soon as may be send a copy of any corrected document containing reasons for the tribunal’s decision, to each party.
5
Where by these Regulations a document is required to be signed by the chairman but by reason of death or incapacity the chairman is unable to sign such a document, it shall be signed by the other members of the tribunal, who shall certify that the chairman is unable to sign.
Method of sending, delivering or serving notices and documents
41
1
A notice given under these Regulations shall be in writing and where under these Regulations provision is made for a party to notify the Secretary of the Tribunal of any matter he shall do so in writing.
2
All notices and documents required by these Regulations to be sent or delivered to the Secretary of the Tribunal or the tribunal may be sent by post or by facsimile or delivered to or at the office of the Special Educational Needs Tribunal or such other office as may be notified by the Secretary of the Tribunal to the parties.
3
All notices and documents required or authorised by these Regulations to be sent or given to any person mentioned in sub-paragraph (a) or (b) below may (subject to paragraph (5) below) either be sent by first class post or by facsimile or delivered to or at —
a
in the case of a notice or document directed to a party —
i
his address for service specified in the notice of appeal or in a written reply or in a notice under paragraph (4) below, or
ii
if no address for service has been so specified, his last known address; and
b
in the case of a notice or document directed to any person other than a party, his address or place of business or if such a person is a corporation, the corporation’s registered or principal office and if sent or given to the authorised representative of a party shall be deemed to have been sent or given to that party.
4
A party may at any time by notice to the Secretary of the Tribunal change his address for service under these Regulations.
5
The recorded delivery service shall be used instead of the first class post for service of a summons issued under regulation 23 requiring the attendance of a witness.
6
A notice or document sent by the Secretary of the Tribunal by post in accordance with these Regulations, and not returned, shall be taken to have been delivered to the addressee on the second working day after it was posted.
7
A notice or document sent by facsimile shall be taken to have been delivered when it is received in legible form.
8
Where for any sufficient reason service of any document or notice cannot be effected in the manner prescribed under this regulation, the President may dispense with service or make an order for substituted service in such manner as he may deem fit and such service shall have the same effect as service in the manner prescribed under this regulation.
Extension of time
42
1
Where, pursuant to any provision of these Regulations anything is required to be done by a party within a period of time the President may, on the application of the party in question, in exceptional circumstances extend any period of time.
2
Where a period of time has been extended pursuant to paragraph (1) above any reference in these Regulations to that period of time shall be construed as a reference to the period of time as so extended.
Parent’s representative
43
Where, pursuant to regulation 7(1)(c) or 11(1) or (2)(a) a parent has stated the name of a representative, and has not subsequently notified the Secretary of the Tribunal pursuant to regulation 11(2)(b) that no person is acting as a representative, any reference in Part 3, 4 or 5 of these Regulations (however expressed) to sending documents to, or giving notice to, the parent shall be construed as a reference to sending documents to or giving notice to the representative and any such reference to sending documents to or giving notice to a party or the parties shall in the context of the parent be likewise construed as a reference to sending documents to, or giving notice to the representative.
John Patten
Secretary of State for Education
12th July 1994
John Redwood
Secretary of State for Wales
14th July 1994


text:
1
This Order may be cited as the Railways Pensions Guarantee (Prescribed Persons) Order 1994 and shall come into force on 18th August 1994.
2
For the purpose of determining whether the 1994 Pensioners “A” Section of the Railway Pensions Scheme satisfies the conditions in paragraph 11(3) of Schedule 11 to the Railways Act 1993 there shall be disregarded the membership of that section of —
a
any persons the liabilities in respect of whose pension rights are transferred to the 1994 Pensioners “A” Section pursuant to rule 17 of the rules of the 1994 Pensioners “B” Section; and
b
any persons admitted to membership of the 1994 Pensioners “A” Section pursuant to the second paragraph of rule 2 of the rules of that section.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
16th August 1994