text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Products for Human Use Fees) Amendment Regulations 1994 and shall come into force on 1st April 1994.
2
In these Regulations, “the principal Regulations ” means the Medicines (Products for Human Use — Fees) Regulations 1991 .
Amendment of the principal Regulations
2
For each amount specified in Column 3 of the Schedule to these Regulations, where it appears in the provision of the principal Regulations specified in relation to it in Column 1 of that Schedule (the subject matter of which is indicated in Column 2 of that Schedule), there shall be substituted the amount specified in relation to it in Column 4 of that Schedule.
Amendment of regulation 2 of the principal Regulations
3
In paragraph (1) of regulation 2 of the principal Regulations (interpretation) —
a
after the definition of “the Act” there shall be inserted the following definition —
“the Applications Regulations ” means the Medicines (Applications for the Grant of Product Licences — Products for Human Use) Regulations 1993;
; and
b
the definition of “radiopharmaceutical” shall be omitted.
Amendment of regulation 5 of the principal Regulations
4
In regulation 5 of the principal Regulations (inspections in connection with multiple applications for licences) after “medicinal product” there shall be inserted “, or for the preparation of a substance which is to be used in the manufacture of an immunological product or a blood product,”.
Amendment of regulation 8 of the principal Regulations
5
In regulation 8 of the principal Regulations (inspections in connection with multiple applications for variations of licences) after “medicinal product” there shall be inserted “, or for the preparation of a substance which is to be used in the manufacture of an immunological product or a blood product,”.
Amendment of regulation 14 of the principal Regulations
6
For paragraph (4) of regulation 14 of the principal Regulations (periodic fees for licences) there shall be substituted the following paragraph —
4
No periodic fee shall be payable in respect of the licence fee period during which a licence is first granted except where that licence was granted pursuant to —
a
a change of ownership application; or
b
an application, made no later than three months after the expiry of a licence, which is for a licence containing identical provisions to those contained in the expired licence and which is made by the person who held the expired licence,
and, in each case, a periodic fee has not been paid in respect of that licence fee period in connection with the holding of a licence for the medicinal product to which the licence relates.
.
Amendment of Schedule 1 to the principal Regulations
7
1
Schedule 1 to the principal Regulations (capital fees for applications for, and variations to, licences and certificates) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph 1 of Part I —
a
in the definition of “active ingredient”, the word “therapeutic” shall be omitted and after the word “efficacy” there shall be inserted “(whether therapeutic, diagnostic or otherwise)”;
b
in the definition of “complex application” —
i
for “(a) to (n)” there shall be substituted “(a) to (q)”;
ii
at the end of sub-paragraph (m), “or” shall be omitted;
iii
after sub-paragraph (n), the following paragraphs shall be inserted —
o
the application is for the grant of a product licence for a medicinal product which is to be administered by way of a metered dose inhaler;
p
the application is for the grant of a product licence for a medicinal product which is in a powdered form and is to be administered by way of inhalation; or
q
the application relates to a medicinal product —
i
which is administered to the site of action by a different route from that used in relation to any other medicinal product which contains the same active ingredient as the product in question and,
ii
in respect of that other product, a product licence (other than a product licence of right) has previously been granted in the United Kingdom.
;
c
in the definition of “simple application” —
i
after the word “means” there shall be inserted “(a)”,
ii
at the end there shall be inserted —
or (b) an application, made no later than three months after the expiry of a product licence, which is for a product licence containing identical provisions to those contained in the expired licence and which is made by the person who held the expired licence;
.
3
In Part II (capital fees for applications for licences and certificates) —
a
in Column 1 of the Table in paragraph 1, in entry 1(a)(i) for “paragraph 5 of Chapter III of Part 3 of the Annex to Council Directive 75/318/ EEC (a)” there shall be substituted “paragraph 5 of Schedule 2 to the Applications Regulations”;
b
in paragraph 4 —
i
in sub-paragraph (1), in the definition of “primary applicant”, before “; and” there shall be inserted “or that party to a joint development who first makes an application for a product licence relating to a different dosage form or strength of that new active ingredient”,
ii
at the beginning of sub-paragraph (2) there shall be inserted “Subject to sub-paragraph (3) below,”,
iii
after sub-paragraph (2) there shall be inserted the following sub-paragraph —
3
Where a primary applicant and one or more secondary applicants each submit an application for a product licence to the licensing authority, both or all of which applications relate to identical dosage forms and strengths of the medicinal product to which the joint development relates —
a
where the amount payable by the primary applicant is that in respect of a complex application, the fee payable under regulation 4(a) by each secondary applicant shall be that in respect of a standard application under paragraph 1 above;
b
where the amount payable by the primary applicant is that in respect of a standard application, the fee payable under regulation 4(a) by each secondary applicant shall be that in respect of a simple application under paragraph 1 above.
;
c
for sub-paragraph (2) of paragraph 7, there shall be substituted —
2
The fee payable under regulation 4(a) shall be £500 where an application for a wholesale dealer’s licence —
a
relates to anything done in a registered pharmacy by or under the supervision of a pharmacist and amounting to wholesale dealing, where such dealing constitutes no more than 15% of the total turnover of the saleof licensed medicinal products carried on at that pharmacy; or
b
does not relate to anything done in a registered pharmacy but where the applicant’s total turnover of the sale by way of wholesale dealing of licensed medicinal products does not exceed £30,000.
.
4
In Part III (capital fees for variations of licences and certificates) —
a
in paragraph 1 —
i
the word “and” after sub-paragraph (a) shall be omitted,
ii
after sub-paragraph (a) there shall be inserted —
aa
in the case of an application relating to a product licence (parallel import) to which paragraph 3 or 4 does not apply, £325; and
;
b
in paragraph 2 —
i
at the beginning, there shall be inserted “Subject to paragraph 2A,”,
ii
for “paragraph 5 of Chapter III of Part 3 of the Annex to Council Directive 75/318/EEC ” there shall be substituted “paragraph 5 of Schedule 2 to the Application Regulations”;
c
after paragraph 2, there shall be inserted the following paragraph —
2A
Paragraph 2 shall not apply where the first application for variation of the product licence relates to a particular therapeutic area in respect of which the applicant would be entitled (had he not already held a product licence) to apply for a product licence without, under paragraph 5 of Schedule 2 to the Applications Regulations, having to provide the results of tests or trials in accordance with paragraph 8 of Schedule 1 to those Regulations
.
Amendment of Schedule 2 to the principal Regulations
8
1
Schedule 2 to the principal Regulations (fees for inspections) shall be amended in accordance with the following paragraphs of this regulation.
2
After sub-paragraph (2) of paragraph 1 the following sub-paragraph shall be inserted —
3
Any reference in sub-paragraphs (1) and (2) above to the manufacture or assembly of medicinal products includes a reference to the preparation of substances which are used in the manufacture of an immunological product or a blood product.
.
3
In sub-paragraph (1) of paragraph 2A, for “facilities” there shall be substituted “operations”.
Amendment of Schedule 3 to the principal Regulations
9
1
Schedule 3 to the principal Regulations (periodic fees for licences) shall be amended in accordance with the following paragraphs of this regulation.
2
In Part I (interpretation), in the definition of “limited use drug”in paragraph 1, for the words “paragraph 5 of Chapter III of Part 3 of the Annex to the Council Directive 75/318/EEC ” there shall be substituted “paragraph 5 of Schedule 2 to the Applications Regulations”.
3
In Part III (periodic fees for licences) —
a
in paragraph 4, for sub-paragraph (4) there shall be substituted the following sub-paragraph —
4
Where a product licence is surrendered and at the same time another product licence held by the licence holder is varied so as to include in that other licence the provisions of the surrendered licence —
a
where the varied licence relates to a new active substance, the fee payable in respect of the varied licence shall, for each fee period mentioned in sub-paragraph (1) above, be that specified at entry 1 of the Table in paragraph 1;
b
in all other cases, the fee payable in respect of the varied licence shall, for each fee period mentioned in sub-paragraph (3) above, be that specified at entry 2(a) of that Table.
;
b
in sub-paragraph 2(a) of paragraph 8, after “that pharmacy” there shall be inserted “or, where the licence does not relate to anything done in a registered pharmacy, where the licence holder’s total turnover of the sale by way of wholesale dealing of licensed medicinal products does not exceed £30,000.”.
Amendment of Schedule 5 to the principal Regulations
10
In paragraph 2 of Schedule 5 to the principal Regulations (waiver, reduction or refund of capital fees) —
a
in sub-paragraph (1), for “sub-paragraph (2),” there shall be substituted “sub-paragraphs (1A) and (2) below,”;
b
after sub-paragraph (1) the following sub-paragraph shall be inserted —
1A
Where paragraph (1)(a) applies and the fee otherwise payable under regulation 4(a), 7(a) or 10 exceeds £15,000, the amount of the refund or the amount waived shall be the difference between that fee and £1,500, rather than 90% of that fee.
.
Revocation
11
The following provisions shall be revoked —
a
Part IIIA (that is, regulation 9A) (capital fees for renewals of certain product licences) of, and paragraph 2A of Schedule 4 (time for payment of capital fees — applications made by small companies) to, the principal Regulations, and
b
regulations 4 (insertion of Part IIIA into the principal Regulations) and 11 (amendment of Schedule 4 to the principal Regulations) of the Medicines (Products for Human Use-Fees) Regulations 1992 .
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
4th March 1994
John Redwood
Secretary of State for Wales
7th March 1994
Fraser of Carmyllie
Minister of State, The Scottish Office
9th March 1994
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on
Gillian Shephard
Minister of Agriculture, Fisheries and Food
7th March 1994.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
F. A. Elliott
Permanent Secretary
7th March 1994.
Sealed with the Official Seal of the Department of Agriculture for Northern Ireland on
J. Murray
Permanent Secretary
7th March 1994.
We consent,
Irvine Patnick
Tim Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 1994


type: legislation

jurisdiction: UK

text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Lottery Duty Regulations 1993 and shall come into force on 1st February 1994.
Interpretation
2
In these Regulations —
“accounting period” means —
a period ending on the last Saturday of each month; or
where payment is deferred, such period as the Commissioners may require;
“ the Act ” means the Finance Act 1993;
“the 1979 Act ” means the Customs and Excise Management Act 1979 ;
“applicant” means any person who makes an application to be registered under section 29 of the Act;
“business day” means a day which is a business day within the meaning of section 92 of the Bills of Exchange Act 1882 ;
“chargeable lottery” means a lottery in respect of which lottery duty is chargeable (or, on the taking of a ticket or chance, will be chargeable) in accordance with section 24 of the Act;
“the National Lottery” has the meaning given by section 1 of the National Lottery etc.Act 1993 ;
“registered promoter” means a person registered under section 29 of the Act.
PART II
REGISTRATION OF PROMOTERS
Application for registration by promoters etc.
3
1
Every person required to be registered under section 29 of the Act shall make application to the Commissioners for registration on a form provided by the Commissioners for that purpose and shall provide with his application a copy of any licence issued to him under the National Lottery etc.Act 1993.
2
An application shall contain the particulars specified in Schedule 1.
3
Every application shall be made at least fifteen days before the day on which the applicant begins or, if earlier, intends to begin to promote a chargeable lottery.
4
For the purposes of paragraph (3) above a person begins to promote a chargeable lottery on the first day on which any ticket or chance is taken in that lottery.
Requirements to be satisfied as a condition of registration
4
Every applicant must satisfy the requirements set out in Schedule 2 as a condition of his registration and every registered promoter must satisfy those requirements as a condition of his continued registration.
Requirements to be observed by registered promoters
5
Every registered promoter must observe the requirements set out in Schedule 3 while he remains registered.
PART II
I PAYMENT OF LOTTERY
DUTY Deferred payment
6
1
A registered promoter may defer payment of lottery duty which has become due and payable upon his complying with such conditions or requirements as the Commissioners think fit to impose.
2
Where payment of any lottery duty has been deferred in accordance with paragraph (1) above that duty shall be paid to such place as the Commissioners have directed in accordance with section 116 of the 1979 Act at the time at which, in accordance with regulation 14(1) below, the registered promoter is required to make a return showing that duty as due and payable.
Refunds
7
1
This regulation shall apply to any lottery which did not take place but in which tickets or chances were taken.
2
A person (“the claimant”) may make written application to the Commissioners for duty he has paid to be refunded (a “refund application”) in respect of a lottery promoted by him provided that —
a
it is a lottery to which this regulation applies;
b
at the time he promoted the lottery he was a registered promoter;
c
his refund application is received by the Commissioners within six months of the day upon which the lottery would have taken place; and
d
he has refunded to any person who took a ticket or chance in that lottery the amount of consideration given for it, or, if this is not the case, he has refunded the consideration given for every ticket or chance in respect of which he claims a refund of duty.
3
A refund application shall be made —
a
if the claimant is a registered promoter, as part of a return furnished in accordance with regulation 14 below; or
b
in any other case, in a letter addressed to the Commissioners which shall, for the purpose of regulation 15 below, be treated as if it were a return.
4
A refund application shall contain the particulars specified in Schedule 4.
5
No refund shall be paid until the claimant has complied with the provisions of this regulation and the Commissioners shall cancel any entitlement to refund, or reduce the amount of that entitlement, if it appears to them that a refund application is untrue in any material particular.
6
If the Commissioners cancel any entitlement to refund in accordance with paragraph (5) above and that refund has, at the time of cancellation, already been paid they shall be entitled to recover the amount of that refund from the claimant as if that amount was an amount of lottery duty due and payable on the date of cancellation.
The National Lottery
8
Any lottery duty payable in respect of the National Lottery shall be paid by the body corporate licensed under section 5 of the National Lottery etc.Act 1993 instead of by the promoter.
PART IV
TICKETS OR CHANCES TAKEN ABROAD
The taking outside the United Kingdom of a ticket or chance
9
Where any ticket or chance is taken outside the United Kingdom in the National Lottery the taking of that ticket or chance shall be treated as having occurred —
a
at the principal place of business within the United Kingdom of the registered promoter; and
b
at the time that —
i
the ticket or chance is taken; or
ii
payment for the ticket or chance is made, whichever is the earlier.
PART V
ADMINISTRATION AND PROTECTION OF THE REVENUE DERIVED FROM LOTTERY DUTY
Information on tickets
10
The price of every ticket shall be stated on the ticket.
Price of chances
11
The price of every chance shall be stated on any document which evidences the taking of that chance and which is given to the person taking that chance.
Unique referencing of tickets and chances
12
1
In every lottery every ticket or chance shall be allocated a unique reference which shall be stated —
a
on the ticket; and
b
on any document which evidences the taking of the chance and which is given to the person taking that chance.
2
References allocated in accordance with paragraph (1) above shall be arranged in a sequence or sequences in such a way as to enable —
a
the number of tickets or chances already taken; and
b
the number of tickets or chances remaining untaken, in any lottery to be ascertained at any time both whilst that lottery is being promoted and so long thereafter as the registered promoter is required, by or under any enactment, to keep and preserve records relating to that lottery.
Destruction of tickets
13
Except in the case of tickets which are not printed and allocated unique references until the time they are taken, a registered promoter who intends to destroy lottery tickets shall give seven clear days notice to the Commissioners of the unique references of the tickets to be destroyed.
Returns
14
1
Every registered promoter shall, not later than the fifteenth day of the month next following the end of every accounting period furnish to the Commissioners a return in such form as they may approve containing the particulars specified in Schedule 5; provided that where the last day for furnishing a return would (if determined in accordance with the foregoing provisions) fall on a day which is not a business day the return shall be furnished not later than the last business day before that day.
2
Returns shall be furnished to the Commissioners at such place as in accordance with section 116 of the 1979 Act, they have directed.
Signature and declaration on relevant documents
15
1
This regulation applies to every application for registration and every return made in accordance with these regulations (“relevant document”).
2
Every relevant document shall contain a declaration that the particulars and statements contained in it are true and complete and that any statement or other document which accompanies that relevant document is also true and complete.
3
Subject to paragraph (4) below, every application for registration shall be signed by the applicant and every return shall be signed by the registered promoter who makes it.
4
If the person required to sign a relevant document in accordance with paragraph (3) above —
a
is a partnership, that relevant document shall be signed by a partner; or
b
is a body corporate, that relevant document shall be signed by a director of that body,
and where a relevant document is so signed by a partner or director the person signing it shall state beneath his signature the capacity in which he signs it.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
21st December 1993


text:
Citation, commencement and introduction
1
This Order may be cited as the London Cab Order 1994 and shall come into force on 23rd April 1994.
2
The London Cab Order 1934 shall be amended in accordance with Article 3 below.
Scales of fares
3
For paragraph 40 (scales of fares excluding extras) there shall be substituted the following —
40
1
Subject to sub-paragraph (2) below, the fare payable for the hiring of a motor cab shall be according to the following scale —
a
a hiring charge of 60p, and
b
in respect of any part of the hiring during which the cab travels at a speed exceeding 10.12 miles an hour, at the rate of 20p for 282 yards or, if the fare shown on the taximeter is £8.20 or more, at the rate of 20p for 188 yards, and
c
in respect of any part of the hiring during which the cab is stationary or travels at a speed not exceeding 10.12 miles an hour, at a rate of 20p for 57 seconds or, if the fare shown on the taximeter is £8.20 or more, at the rate of 20p for 38 seconds.
2
In any case where the fare according to the scale prescribed in sub-paragraph (1) above would be less than £1.00 the fare payable shall be £1.00, and in any other case where the fare would exceed a multiple of 20p by a sum which is less than 20p the fare payable shall be the next higher multiple of 20p.
.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
31st March 1994


text:
1
This Order may be cited as the Finance Act 1994, section 47, (Appointed Day) (No. 2) Order 1994.
2
Section 47 of the Finance Act 1994 shall have effect in relation to amounts mentioned in section 21(1)(a) of the Finance Act 1988 which become due on or after 10th May 1994.
3
The Finance Act 1994, section 47, (Appointed Day) Order 1994 is hereby revoked.
E. Woods
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
9th May 1994


text:
1
The Oxfordshire County Council (Shifford Island Footbridge) Scheme 1993 is hereby confirmed with modifications.
2
The said Scheme as confirmed (hereinafter referred to as “the Scheme”) is set out in the Schedule hereto and copies of the Scheme with its accompanying plan are deposited at the offices of the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY, and at the offices of the Oxfordshire County Council, County Hall, Oxford OX1 1ND.
3
The Scheme will become operative on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
4
This Instrument may be cited as The Oxfordshire County Council (Shifford Island Footbridge) Scheme 1993 Confirmation Instrument 1994.
Signed by authority of the Secretary of State for Transport
B. H. Leonard
Regional Director Northern Region
Department of Transport
5th January 1994


text:
Citation and interpretation
1
1
This Order may be cited as the Education Act 1993 (Commencement No. 3 and Transitional Provisions) Order 1994.
2
In this Order “ the Act ” means the Education Act 1993.
Commencement of certain provisions of Part III and sections 252 and 278 of the Act
2
1
The provisions of the Act specified in the first column of Schedule 1 to this Order (which relate to the matters mentioned in the second column thereof) shall come into force on 3rd March 1994; and, save as otherwise provided in the first column of Schedule 1, they shall come into force on that date for all purposes.
2
Notwithstanding the repeal on 3rd March 1994 of section 7(10) of the Education Act 1981 , under which regulation 9 of the Education (Special Educational Needs) Regulations 1983 was made, that regulation shall, subject to sub-paragraph (3) below, continue in force on and after that date.
3
Regulation 9 of the Education (Special Educational Needs) Regulations 1983, as so continued in force, shall have effect as if made under section 172(1) of the Act and may be amended or revoked thereunder.
Commencement of Parts I and II of the Act
3
1
Part I (responsibility for education) and Part II (grant-maintained schools) of the Act, to the extent that they are not already in force on that date, shall come into force on 1st April 1994 for all remaining purposes.
2
Part I of Schedule 3 to this Order shall have effect for the purpose of making transitional provisions in connection with the provisions brought into force by this Article.
Commencement of other provisions of the Act
4
1
The provisions of the Act specified in the first column of Schedule 2 to this Order (which relate to the matters mentioned in the second column thereof) shall come into force on 1st April 1994; and, save as otherwise provided in the first column of Schedule 2, they shall come into force on that date for all purposes.
2
Part II of Schedule 3 to this Order shall have effect for the purpose of making transitional provisions in connection with the provisions brought into force by this Article and Schedule 2 to this Order.


text:
Citation and commencement
1
These Regulations may be cited as the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 and shall come into force on 5th April 1994.
Interpretation
2
In these Regulations, unless the context otherwise requires —
a
“ the Act ” means the Transport and Works Act 1992;
“altered works, plant or equipment” means any works plant or equipment to which alterations have been made or, where the context so requires, to which it is proposed or intended to make alterations;
“approval” means an approval which is required by regulation 4 to be obtained;
“manufacturer”, in relation to any plant or equipment, includes any person who constructs the plant or equipment by any method or who assembles the component parts thereof or, in the case of any plant or equipment which has been imported, the importer of the plant or equipment;
“member State” means a state which is a member of the Communities;
“operator” means any person carrying on, or proposing or intending to carry on, the undertaking of a relevant transport system and who proposes or intends to bring into use or, if the context so requires, who uses any works, plant or equipment or altered works, plant or equipment for the purposes of the operation of that system;
“prescribed system of guided transport” means a system using a mode of guided transport prescribed under regulation 3;
“relevant operational limitation” means a limitation on —
the maximum speed at which a vehicle may be permitted to travel,
the maximum weight which may be transmitted to the rails (or other structures which support a vehicle in use on a relevant transport system) by any one pair of wheels, or by such other parts of a vehicle as may be specified in the limitation,
the maximum number of passengers who may be permitted to travel in a vehicle,
the maximum weight of burden which may be loaded in or on to a vehicle,
any period of time, however expressed, during which the works, plant or equipment concerned may be used,
the maximum voltage at which any electrical plant or equipment may be operated,
the use in tunnels or under overhead electric traction power wires of any type of vehicle specified in the limitation,
the routes on which a vehicle specified in the limitation may be used having regard to its loading gauge, to any of its dimensions or to any of its other characteristics, or
any other restriction intended to impose a limitation on the use of any works, plant or equipment, or any altered works, plant or equipment for the purpose of securing the safe operation of the transport system of which they form part; and
“relevant transport system” means a railway, a tramway, a trolley vehicle system or a prescribed system of guided transport;
b
any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations; and
c
any reference to a numbered paragraph is a reference to the paragraph bearing that number in the regulation or Schedule in which the reference occurs.
Prescribed modes of guided transport
3
The modes of guided transport described in Schedule 1 are hereby prescribed for the purposes of section 41 of the Act.
Requirement for approval
4
1
Subject to the following provisions of these Regulations, the approval of the Secretary of State shall be obtained before —
a
any new works; plant or equipment; or
b
any altered works, plant or equipment,
which are capable of materially affecting the safe operation of a relevant transport system, are first brought into use for the purposes of that system.
2
Approval shall not be required in relation to any vehicle to the extent that the vehicle is required to comply —
a
with the provisions of section 24 of the Channel Tunnel Act 1987 (approval of trains); or
b
when it is not operating in one of the modes prescribed by regulation 3 or because it is a vehicle operating on a trolley vehicle system, with the provisions of the Road Traffic Act 1988 with respect to the design, construction, equipment and use of vehicles and vehicle parts.
3
Subject to paragraph (4), new works, plant and equipment or altered works, plant and equipment shall be treated as first brought into use at the time when they are first used for the purposes of the provision of a transport service.
4
In ascertaining the time when any new works, plant or equipment or altered works, plant or equipment are first brought into use, subject to any requirement of the Secretary of State under regulation 11(1), no regard shall be had to any period during which such new works, plant or equipment or such altered works, plant or equipment are —
a
necessarily used in order to avoid interruption to the operation of existing transport services before sufficient information is available for a decision to be made on an application for approval; or
b
with the prior written consent of the Secretary of State used for the purposes of —
i
any testing or trials, provided that the testing or trials are conducted in accordance with the terms of such consent; or
ii
obtaining information to prove their satisfactory performance in connection with an application for approval.
Procedure for obtaining approval
5
1
Subject to the following provisions of these Regulations, application for approval shall be made in writing to the Secretary of State by the operator and shall be accompanied by such of the documents listed in Schedule 2 as are appropriate to the new works, plant or equipment or altered works, pLant,or equipment which are the subject of the application.
2
The application shall state whether any, and if so what, relevant operational limitations are intended to be imposed on the use of the new works, plant or equipment or altered works, plant or equipment which are the subject of the application.
3
The applicant shall —
a
provide to the Secretary of State such further information as he may require to enable him to make a decision on the application for approval; and
b
afford to the Secretary of State such facilities as he may require for inspecting, testing and proving the works, plant or equipment or altered works, plant or equipment which are the subject of the application.
4
Without prejudice to the generality of paragraph (3)(a), the applicant shall provide to the Secretary of State such evidence as he may require to satisfy himself that the works, plant or equipment or the alterations which are the subject of the application comply with any technical requirements imposed by any relevant provision contained in an enactment authorising the construction or operation of the relevant transport system concerned.
Type approval of plant and equipment
6
1
Application may be made to the Secretary of State by or on behalf of a manufacturer of plant or equipment which is intended for use on a relevant transport system for approval of a prototype of such plant or equipment.
2
An application under paragraph (1) shall be made in writing and shall be accompanied by such of the documents listed in Schedule 2 as are appropriate to the plant or equipment which is the subject of the application.
3
Paragraphs (2) and (3) of regulation 5 shall so far as appropriate apply to an application for approval made under paragraph (1).
4
Approval under this regulation of a prototype of any plant or equipment may be refused by the Secretary of State unless he is satisfied that at the date of application for such approval there is an operator who proposes to bring into use plant or equipment conforming with that prototype.
Use of type approved plant or equipment
7
1
Where the operator proposes to bring into use, otherwise than by incorporation into works or alterations, any plant or equipment which conforms with a prototype in respect of which a manufacturer has obtained approval under regulation 6, the operator may apply to the Secretary of State for approval in accordance with paragraph (2).
2
Application for approval under this paragraph shall be made in writing and if it is accompanied by a certificate given by the manufacturer in accordance with this regulation that the plant or equipment which is the subject of the application conforms with the approved prototype, the Secretary of State may dispense with the requirements of paragraphs (1) and (3) of regulation 5.
3
Where —
a
the operator incorporates into any works or alterations plant or equipment which conforms with a prototype in respect of which a manufacturer has obtained approval under regulation 6; and
b
in relation to an application under paragraph (1) of regulation 5 for approval of those works the operator produces to the Secretary of State a certificate given by the manufacturer in accordance with this regulation that the plant or equipment conforms with the approved prototype,
the Secretary of State may dispense with the requirements of paragraphs (2) and (3) of regulation 5 to the extent that they relate to that plant or equipment.
4
In this regulation “conform” means conform in all the respects which materially affect the safe operation of a relevant transport system.
5
A certificate given for the purposes of paragraph (2) or (3) shall —
a
be in the form set out in Schedule 3 (or in a form substantially to the like effect), duly completed;
b
set out the relevant operational limitations (if any) on the use for which the prototype was approved; and
c
be signed on behalf of the manufacturer by a director, manager, secretary or other similar officer of the manufacturer.
Compliance with external standards, etc.
8
1
The Secretary of State shall not refuse to grant approval under regulation 5 for any works, plant or equipment or under regulation 6 for any prototype of plant or equipment on the ground that the works, plant or equipment or prototype does not comply with a specified standard if the works, plant or equipment or the prototype complies with —
a
a relevant standard or code of practice of a national standards body or equivalent body of any member State;
b
any relevant international standard recognised for use in any member State;
c
any relevant technical specification acknowledged for use as a standard by a public authority of any member State;
d
traditional procedures of manufacture of a member State where these are the subject of a written technical description sufficiently detailed to permit assessment of the articles or materials for the use specified; or
e
a specification sufficiently detailed to permit assessment for articles or materials of an innovative nature (or subject to innovative processes of manufacture such that they cannot comply with a recognised standard or specification) and which fulfil the purpose provided by the specified standard:
provided that the proposed standard, code of practice, technical specification or procedure of manufacture provides, in use, equivalent levels of safety, suitability and fitness for purpose.
2
In considering whether to grant approval under regulation 5 for any works, plant or equipment or under regulation 6 for any prototype of plant or equipment, the Secretary of State shall take into consideration the results of any checks or tests carried out by a laboratory or similar body in another member State, including those checks and tests which conform with EN 45000, where such results provide a level of accuracy, fitness and suitability for purpose equivalent to the results of checks and tests carried out in the United Kingdom and where such laboratory or other body offers suitable and satisfactory guarantees of technical and professional competence and independence.
Relevant operational limitations
9
An application for approval which —
a
states any relevant operational limitation which is intended to be imposed on the use of the new works, plant or equipment or the altered works, plant or equipment which are the subject of the application; or
b
is accompanied by a certificate under regulation 7 that the plant or equipment or, as the case may be, any plant or equipment incorporated into the works or alterations, which are the subject of the application, conforms with a prototype which has been approved to be used subject to any relevant operational limitation,
shall be construed as an application for approval for the new works, plant or equipment or the altered works, plant or equipment to be brought into use subject to that relevant operational limitation.
Dispensations
10
1
The Secretary of State may —
a
by notice in writing to the operator in the case of any particular new works, plant or equipment or altered works, plant or equipment; or
b
by general notice in the case of works, plant or equipment or altered works, plant or equipment of such descriptions as he may by such notice determine,
dispense with compliance with such of the requirements of these Regulations as may be specified in the notice subject to such conditions, if any, as may be so specified.
2
A general notice for the purposes of paragraph (1)(b) shall —
a
contain a statement of the time when it is to come into effect; and
b
be published by the Secretary of State in such manner as he thinks fit.
Compliance with provisions not otherwise applicable
11
1
The Secretary of State may —
a
by notice in writing to the operator in the case of any particular new works, plant or equipment or altered works, plant or equipment;
b
by general notice in the case of works, plant or equipment or altered works of such descriptions as he may by such notice determine,
require compliance with such provisions of these Regulations that would not otherwise apply as are specified in the notice.
2
A general notice for the purposes of paragraph (1)(b) shall —
a
contain a statement of the time when it is to come into effect; and
b
be published by the Secretary of State in such manner as he thinks fit.
Information
12
No person shall, in connection with any application for approval, give to the Secretary of State information which is false in any material particular.
Offences
13
1
In this regulation “an offence” means an offence under section 41 of the Act.
2
An operator who without reasonable cause —
a
brings into use any new works, plant or equipment or any altered works, plant or equipment without approval; or
b
uses any new works, plant or equipment or any altered works, plant or equipment in contravention of a relevant operational limitation which applies to them; or
c
contravenes the provisions of regulation 12.
shall be guilty of an offence.
3
Any manufacturer who, in giving a certificate for the purposes of paragraph (2) or (3) of regulation 7, without reasonable cause contravenes the provisions of regulation 12 shall be guilty of an offence.
Signed by authority of the Secretary of State for Transport
Roger Freeman
Minister of State,
Department of Transport
31st January l994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Sussex Health Authority (Transfer of Trust Property) Order 1994 and shall come into force on 13th June 1994.
2
In this Order —
“the Authority” means the East Sussex Health Authority;
“the Trust” means the Hastings and Rother 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 15th February 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th June 1994 the trust property shall be transferred from the Trust to the Authority.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
16th May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Herts Community Health National Health Service Trust (Establishment) Order 1994 and shall come into force on 31st 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 she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 31st March 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the West Herts Community Health 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 West Herts Community Health 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 Hill End Hospital, Hill End Lane, St Albans, Herts AL4 0RB;
b
to manage community health services provided from Trust Head Office, 99 Waverley Road, St Albans, Herts AL3 5TL.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
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
The South West Hertfordshire 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 the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The South West Hertfordshire 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 its 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 the South West Hertfordshire 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.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
21st March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Council Tax (Alteration of Lists and Appeals) (Amendment) Regulations 1994 and shall come into force on 11th July 1994.
Amendment of Regulations
2
1
The Council Tax (Alteration of Lists and Appeals) Regulations 1993 shall be amended in accordance with the following provisions of these Regulations.
2
In regulation 4 (restrictions on alteration of valuation bands) after paragraph (1) there shall be inserted the following paragraph —
1A
In determining whether the valuation band shown in a list as applicable to any dwelling may be altered on the ground specified in paragraph (1)(a)(i), where —
a
the circumstances which caused the increase referred to in that provision arose before an alteration made to correct an inaccuracy in the list had effect in relation to the dwelling in accordance with paragraph (6)(a) or (7) of regulation 14 (“the previous alteration”); and
b
the previous alteration has had effect before a relevant transaction has been carried out,
the previous alteration shall be deemed to have had effect before the circumstances which caused the material increase arose.
.
3
In paragraph (5) of regulation 14 (day from which alteration has effect) there shall be deleted —
a
in sub-paragraph (a), the words “(other than one disputing the accuracy of a previous alteration to the list)”, and
b
sub-paragraph (b).
4
For regulation 14(6) and (7) there shall be substituted the following paragraphs —
6
Subject to regulation 4(1A), an alteration made to correct an inaccuracy in a list on the day it was compiled shall have effect —
a
in a case where the inaccuracy was to show —
i
as applicable to a dwelling a valuation band which is lower than the band which should have been determined or shown as applicable to it, or
ii
as one dwelling property which should have been treated as two or more dwellings by virtue of article 3 of the Council Tax (Chargeable Dwellings) Order 1992,
from the day on which the alteration is entered in the list; and
b
in any other case, from the day on which the list was compiled.
7
Subject to regulation 4(1A), where an alteration is made to correct an inaccuracy in a list (other than an alteration which falls to have effect as provided in the foregoing provisions of this regulation), and the inaccuracy arose in the course of making a previous alteration and was to show —
a
as applicable to a dwelling a valuation band which is lower than the band which should have been determined or shown as applicable to it, or
b
as one dwelling property which should have been treated as two or more dwellings by virtue of article 3 of the Council Tax (Chargeable Dwellings) Order 1992,
the alteration shall have effect from the day on which the alteration is entered in the list.
7A
An alteration made to correct an inaccuracy in a list (other than an alteration which falls to have effect as provided in the foregoing provisions of this regulation) shall have effect —
a
in a case where the alteration is made —
i
to correct an inaccuracy in the list which arose in the course of making a previous alteration, and
ii
the previous alteration fell to have effect in accordance with the foregoing provisions of this regulation,
from the day on which the previous alteration had effect, or, but for the inaccuracy, would have had effect; and
b
in any other case, from the day on which the list became inaccurate.
.
Signed by authority of the Secretary of State for the Environment
David Curry,
Minister of State,
Department of the Environment
2nd July 1994
John Redwood,
Secretary of State for Wales
2nd July 1994


text:
Citation and commencement
1
This Order may be cited as the British Waterways Board and Telecommunications Industry (Rateable Values) Revocation Order 1994 and shall come into force on the day after the day on which it is made.
Revocations and savings
2
1
Subject to paragraph (2), the British Waterways Board (Rateable Values) Order 1989 , the Telecommunications Industry (Rateable Values) Order 1989 , article 3(2) of the Non-Domestic Rating (Appropriate Fraction and Rateable Values) Order 1991 and the Telecommunications Industry (Rateable Values) (Amendment) Order 1994 are hereby revoked with effect from 1st April 1995.
2
Without prejudice to section 16(1) of the Interpretation Act 1978 , the provisions mentioned in paragraph (1) shall continue to have effect on and after 1st April 1995 for the purposes of and for purposes connected with —
a
any alteration of a list in force immediately before 1st April 1995; or
b
any provision made by regulations made under section 58 of the 1988 Act (special provision for 1995 onwards) as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
19th December 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State,
Welsh Office
20th December 1994


text:
Citation and commencement
1
These Regulations may be cited as the Education (Groups of Grant-maintained Schools) (Finance) Regulations 1994 and shall come into force on 1st June 1994.
Percentage of maintenance grant to be applied
2
The percentage of maintenance grant payable in respect of a school in a group which is required to be applied by the governing body for the purposes of that school shall be 97.5 per cent.
John Patten
Secretary of State for Education
25th April 1994
John Redwood
Secretary of State for Wales
27th April 1994


text:
Title, commencement and interpretation
1
1
This Scheme may be cited as the Farm and Conservation Grant (Variation) (No. 2) Scheme 1994 and shall come into force on 30th November 1994.
2
In this Scheme “the principal Scheme” means the Farm and Conservation Grant Scheme 1989 .
Savings
2
Paragraph 4 of this Scheme shall not apply in relation to any claim for grant towards expenditure incurred for the purposes of the principal Scheme before 30th November 1994 and that paragraph shall not affect the operation of the principal Scheme in relation to any such claim for grant.
Variation of the principal Scheme
3
The principal Scheme shall be further varied in accordance with paragraph 4 below.
4
In Schedule 1 (“ELIGIBLE WORKS, FACILITIES AND TRANSACTIONS AND RATES OF GRANT”) paragraph 1(b) shall be deleted.
Howe
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
25th November 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
22nd November 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
23rd November 1994
We approve,
Andrew Mackay
Andrew Mitchell
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Amendment Order 1995 and shall come into force on 1st January 1996.
2
In this Order, “the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Order 1984 .
3
In this Order, a reference to inserting an entry in a column in a Table of Schedule 1 to the principal Order shall be construed, in the case of an entry to be inserted in column 1, as a reference to inserting that entry at the appropriate point in the alphabetical order of the entries in column 1 of that Table and, in the case of an entry to be inserted (as the case may be) in column 2, 3 or 4 of that Table, as a reference to inserting that entry so as to appear against the column 1 entry against which it is listed in Schedule 1 or, as the case may be, Schedule 2 to this Order.
Amendment of Schedule 1 to the principal Order
2
1
Schedule 1 to the principal Order (which specifies the class of medicinal products, other than products the subject of a product licence of right, on general sale by virtue of article 2(a) of that Order) is amended in accordance with the following provisions of this article.
2
In Table A (internal or external use) —
a
there are inserted in column 1 and, as the case may be, columns 2, 3 and 4, the entries set out in columns 1, 2, 3 and 4 respectively of Schedule 1 to this Order;
b
in relation to the substance “Benzoin Tincture, Compound BP” —
i
there is inserted in column 2 the entry
2
0.8 per cent.
, and
ii
there are substituted, for the entries in column 3, the entries
1
Internal: vapour inhalations
2
Internal: pastilles
3
External
;
c
in relation to the substance “Folic Acid”, there is substituted for the entry in column 4 the entry “500 mcg (MDD)”.
3
In Table B (external use only), there are inserted in column 1 and, as the case may be, columns 2 and 3, the entries set out in columns 1, 2 and 3 respectively of Schedule 2 to this Order.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State
Department of Health
4th December 1995
William Hague
Secretary of State for Wales
11th December 1995
James Douglas Hamilton
Minister of State The Scottish Office
11th December 1995
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
F. A. Elliott
Permanent Secretary
7th December 1995.


text:
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England Regulations 1995 and shall come into force on 9th March 1995.
Amendment of 1994 Regulations
2
1
The Local Government Changes for England Regulations 1994 shall be amended in accordance with the following paragraphs of this regulation.
2
The following shall be substituted for regulation 10 —
Elections of shadow authorities
10
The Schedule to these Regulations shall have effect with respect to the elections of shadow authorities.
.
3
After regulation 28 (minutes of last meetings) the following shall be added as the Schedule to the Regulations —
SCHEDULE
ELECTIONS OF SHADOW AUTHORITIES
Regulation 10
Qualification for membership
1
For the purposes of section 79 of the 1972 Act, in its application to a candidate for membership of a shadow authority, the area of the shadow authority shall be treated as having been established not less than 12 months before the day of his nomination as such a candidate or, in relation to an election not preceded by the nomination of candidates, before the day of election.
Signed by authority of the Secretary of State for the Environment
Robert Jones
Parliamentary Under Secretary of State,
Department of the Environment
8th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southport and Formby Community Health Services National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 13th February 1995.
2
In this Order —
“the Authority” means the Sefton Health Authority;
“the Trust” means the Southport and Formby Community Health Services 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 10th October 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 13th February 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
16th January 1995


text:
Commencement and citation
1
This Order may be cited as the A316 Trunk Road (Richmond) (No. 1) Red Route Experimental Traffic Order 1995, and shall come into force on 25th July 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraph (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1st January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31st December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, the London Borough of Richmond Upon Thames Waiting and Loading Restrictions Order 1994 No. 11 is hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in the London Borough of Richmond upon Thames Waiting and Loading Restrictions Order 1994 No. 11 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport
Derek Turner
Traffic Director for London
4th July 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Morriston Hospital National Health Service Trust (Transfer of Trust Property) (No.2) Order 1995 and shall come into force on 13th December 1995.
2
In this Order —
“the Authority” means West Glamorgan Health Authority;
“the Trust” means the Morriston Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 26th September 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of Trust Property
2
On 13th December 1995 the trust property shall be transferred from the Authority to the Trust.
William Hague
Secretary of State for Wales
26th October 1995


text:
1
This Order may be cited as the Charities (The Bridge House Estates) Order 1995 and shall come into force on the fourteenth day after the day on which it is made.
2
The Scheme set out in the Appendix to this Order shall have effect.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
6th April 1995


text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Sheriff Officers) 1995 and shall come into force on 1st January 1996.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
1
Subject to the provisions of the following sub-paragraphs, for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1994 , substitute the Table of Fees in the Schedule to this Act of Sederunt.
2
The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1994 as substituted by sub-paragraph (1) above shall apply to work done on or after the date on which this Act of Sederunt comes into force.
3
The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1994 having effect before the substitution under sub-paragraph (1) above shall continue to have effect in respect of work done before the date on which this Act of Sederunt comes into force.
Hope of Craighead
Lord President, I.P.D.
Edinburgh,
28th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hounslow and Spelthorne Community and Mental Health National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 15th March 1995.
2
In this Order —
“the Authority” means the Ealing Hammersmith and Hounslow Health Authority;
“the Trust” means the Hounslow and Spelthorne Community and Mental Health 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 8th November 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 15th March 1995 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
15th February 1995


text:
Commencement and citation
1
This Order may be cited as the A10 Trunk Road (Enfield and Haringey) Red Route (Clearway) Traffic Order 1995, and shall come into force on 16th October 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in regulation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
The controls specified in paragraph (1) of this article do not apply in respect of any area of the trunk road red route clearway specified in schedule 2.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 4A during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item.
2
Not taken up.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 4A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long only as may be required for timetabling reasons.
3
This article applies —
a
before 1st January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31st December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted;
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the Haringey (Waiting and Loading Restrictions) Order 1978 ( GLC TMO 1978 No. 208), The Enfield (Waiting and Loading Restriction) (Priority Routes and Side Roads) Order 1994 and The Enfield (Restriction of Waiting on Bus Stops) (Priority Routes and Side Roads) Order 1994 are hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision containing in the Haringey (Waiting and Loading Restrictions) Order 1978 (GLC TMO 1978 No. 208), The Enfield (Waiting and Loading Restriction) (Priority Routes and Side Roads) Order 1994 and The Enfield (Restriction of Waiting on Bus Stops) (Priority Routes and Side Roads) Order 1994 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction of the Secretary of State for Transport.
Derek Turner
Traffic Director for London
9th October 1995