text:
Citation, commencement and extent
1
These Regulations may be cited as the Urban Waste Water Treatment (England and Wales) Regulations 1994, shall come into force on 30th November 1994 and shall extend to England and Wales.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“agglomeration” means an area where the population and/or economic activities are sufficiently concentrated for urban waste water to be collected and conducted to an urban waste water treatment plant or to a final discharge point;
“the Authority” means the National Rivers Authority;
“coastal waters” means the waters outside the low-water line or the outer limit of an estuary;
“collecting system” means a system of conduits which collects and conducts urban waste water;
“the Directive” means Council Directive 91/271/ EEC concerning urban waste water treatment , and references to other Community Directives are references to Directives other than Council Directive 91/271/EEC ;
“domestic waste water” means waste water from residential settlements and services which originates predominantly from the human metabolism and from household activities;
“estuary” means the transitional area at the mouth of a river between fresh-water and coastal waters, the outer (seaward) limits of which are shown on maps kept in accordance with regulation 12;
“eutrophication” means the enrichment of water by nutrients, especially compounds of nitrogen and/or phosphorus, causing an accelerated growth of algae and higher forms of plant life to produce an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned;
“high natural dispersion area” has the meaning given by regulation 3;
“industrial waste water” means any waste water which is discharged from premises used for carrying on any trade or industry, other than domestic waste water and run-off rain water;
“population equivalent” is a measurement of organic biodegradable load, and a population equivalent of 1 (1 p.e.) is the organic biodegradable load having a five-day biochemical oxygen demand ( BOD5 ) of 60g of oxygen per day (the load shall be calculated on the basis of the maximum average weekly load entering the treatment plant during the year, excluding unusual situations such as those due to heavy rain);
“secondary treatment” means treatment of urban waste water by a process generally involving biological treatment with a secondary settlement or other process in which the requirements established in Table 1 in Schedule 3 are respected;
“sensitive area” has the meaning given by regulation 3;
“sludge” means residual sludge, whether treated or untreated, from urban waste water treatment plants;
“urban waste water” means domestic waste water or the mixture of domestic waste water with industrial waste water and/or run-off rain water;
and other expressions used in the Directive have the same meaning as in the Directive.
2
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Sensitive areas and high natural dispersion areas
3
1
In these Regulations —
a
“sensitive area” means an area of water which the Secretary of State has identified in accordance with the criteria set out in Part I of Schedule 1, and which is shown as such on maps deposited with the Authority for the purposes of this regulation;
b
“high natural dispersion area” means an area of water which the Secretary of State has identified in accordance with the criteria set out in Part II of Schedule 1, and which is shown as such on maps deposited with the Authority for the purposes of this regulation.
2
The Secretary of State shall review the identification of sensitive areas and high natural dispersion areas, in accordance with the relevant criteria in Schedule 1, no later than 31st December 1997 and thereafter at intervals of no more than four years.
3
Where, following a review under paragraph (2) above, an area of water becomes or ceases to be identified as a sensitive area or a high natural dispersion area the Secretary of State shall deposit with the Authority, in substitution for the maps already so deposited for the purposes of this regulation, such further maps as may be necessary to reflect the changes in identification.
Duty to provide and maintain collecting systems and treatment plants
4
1
This regulation supplements the duty imposed on every sewerage undertaker by section 94 of the Water Industry Act 1991 (general duty to provide sewerage system) and any contravention of the requirements of this regulation shall be treated for the purposes of that Act as a breach of that duty.
2
Subject to paragraph (3) below, the duty imposed by subsection (1)(a) of the said section 94 shall include a duty to ensure that collecting systems which satisfy the requirements of Schedule 2 are provided —
a
where the urban waste water discharges into receiving waters which are a sensitive area, by 31st December 1998 for every agglomeration with a population equivalent of more than 10,000; and
b
without prejudice to sub-paragraph (a) above —
i
by 31st December 2000 for every agglomeration with a population equivalent of more than 15,000; and
ii
by 31st December 2005 for every agglomeration with a population equivalent of between 2,000 and 15,000.
3
Paragraph (2) above shall not apply where either —
a
the Authority has certified that the establishment of a collecting system is not justified because it would produce no environmental benefit; or
b
the Secretary of State has certified that the establishment of a collecting system is not justified because it would involve excessive cost,
and individual systems or other appropriate systems are provided and the Authority has certified that those systems achieve the same level of environmental protection.
4
The duty imposed by subsection (1)(b) of the said section 94 shall include a duty to ensure that urban waste water entering collecting systems is, before discharge, subject to treatment provided in accordance with regulation 5, and to ensure that —
a
plants built in order to comply with that regulation are designed (account being taken of seasonal variations of the load), constructed, operated and maintained to ensure sufficient performance under all normal local climatic conditions;
b
treated waste water and sludge arising from waste water treatment are reused whenever appropriate; and
c
disposal routes for treated waste water and sludge minimise the adverse effects on the environment.
Requirements as to provision of treatment
5
1
Subject to paragraph (5) below, treatment plants which provide secondary treatment or an equivalent treatment shall be provided —
a
by 31st December 2000 or, in an exceptional case, such later date (not being later than 31st December 2005) as the Commission may agree pursuant to a request under Article 8(1) of the Directive, in respect of all discharges from agglomerations with a population equivalent of more than 15,000;
b
by 31st December 2005 in respect of all discharges from agglomerations with a population equivalent of between 10,000 and 15,000;
c
by 31st December 2005 in respect of all discharges to freshwaters and estuaries from agglomerations with a population equivalent of between 2,000 and 10,000.
2
Subject to paragraph (3) below, treatment plants which provide more stringent treatment than that described in paragraph (1) above shall be provided by 31st December 1998 in respect of all discharges from agglomerations with a population equivalent of more than 10,000 into sensitive areas, or into the relevant catchment areas of sensitive areas where the discharges contribute to the pollution of these areas.
3
Paragraph (2) above shall not apply in relation to a sensitive area where the Authority has certified that it is satisfied, as a result of monitoring, that the minimum percentage of reduction of the overall load entering all urban waste water treatment plants in that area, and all urban waste water treatment plants in the catchment area of that area the discharges from which contribute to the pollution of that area, is at least 75% for total phosphorus and at least 75% for total nitrogen.
4
Where, following a review of the identification of waters as sensitive areas or high natural dispersion areas under regulation 3, an area ceases to be identified as a high natural dispersion area or becomes identified as a sensitive area, then, as respects that area, paragraph (1) or, as the case may be, paragraph (2) above shall have effect as if the relevant date specified in that paragraph were the seventh anniversary of the change of identification or, if later, the date so specified.
5
Discharges of urban waste water from agglomerations with a population equivalent of between 10,000 and 150,000 (or, in an exceptional case and with the agreement of the Commission pursuant to Article 8(5) of the Directive, of more than 150,000) to coastal waters which are in high natural dispersion areas, and discharges from agglomerations with a population equivalent of between 2,000 and 10,000 into estuaries which are in high natural dispersion areas, may be subjected to less stringent treatment than that described in paragraph (1) above so long as —
a
the discharges receive at least primary treatment in conformity with the control procedures set out in Part II of Schedule 3; and
b
the Authority has certified that it is satisfied that comprehensive studies have indicated that such discharges will not adversely affect the environment.
6
The Authority shall provide the Secretary of State with such information concerning the studies mentioned in paragraph (5)(b) above as he may require for the purpose of enabling him to comply with Article 6(2) of the Directive.
7
Appropriate treatment of urban waste water entering collecting systems shall be provided by 31st December 2005 in respect of —
a
discharges to freshwaters and estuaries from agglomerations with a population equivalent of less than 2,000; and
b
discharges to coastal waters from agglomerations with a population equivalent of less than 10,000.
8
In this regulation —
a
“appropriate treatment” means treatment of urban waste water by any process and/or disposal system which after discharge allows the receiving waters to meet the relevant quality objectives and the relevant provisions of the Directive and other Community Directives;
b
“primary treatment” means treatment of urban waste water by a physical and/or chemical process involving settlement of suspended solids, or other processes in which the BOD5 of the incoming waste water is reduced by at least 20% before discharge and the total suspended solids of the incoming waste water are reduced by at least 50%.
Discharges of treated urban waste water
6
1
Discharges from urban waste water treatment plants described in paragraph (1) or (2) of regulation 5, or from any such plant which provides treatment in accordance with paragraph (5) of that regulation, (including any such plants which are provided other than by sewerage undertakers) shall satisfy the relevant requirements of Part I of Schedule 3.
2
It shall be the duty of the Authority, in exercising its functions under Chapter II of Part III of the Water Resources Act 1991 (pollution offences), to secure —
a
with respect to any such discharge as is described in paragraph (1) above, that the requirements of that paragraph are satisfied;
b
with respect to any discharge described in paragraph (5) or (7) of regulation 5 (including any such discharge from an urban waste water treatment plant which is provided other than by a sewerage undertaker), that the requirements of the said paragraph (5) or, as the case may be, the said paragraph (7) are satisfied;
c
with respect to any discharge from a collecting system described in regulation 4 or an urban waste water treatment plant described in regulation 5, the limitation of pollution of receiving waters due to storm water overflows;
d
with respect to the discharge of sludge —
i
that the discharge of sludge to surface waters is phased out by 31st December 1998; and
ii
that the total amount of toxic, persistent or bioaccumulable materials in the sludge which may be discharged to surface waters pursuant to consents under the said Chapter II is controlled by such consents and progressively reduced during the period ending on that date.
3
The Authority shall at regular intervals review and, if necessary for the purpose of complying with this regulation, modify or revoke consents granted under the said Chapter II.
4
Nothing in paragraph 7 of Schedule 10 to the Water Resources Act 1991 shall restrict the power of the Authority to modify or revoke a consent in pursuance of the duty imposed by this regulation.
5
All lakes and ponds shall be treated as controlled waters for the purposes of section 85 of that Act (offences of polluting controlled waters) insofar as that section relates to the discharge of waste water from urban waste water treatment plants.
Discharges of industrial waste water to collecting systems or treatment plants
7
1
It shall be the duty of each of the following, that is to say —
a
every sewerage undertaker;
b
the Director General of Water Services; and
c
the Secretary of State,
in exercising their functions under Chapter III of Part IV of the Water Industry Act 1991 (trade effluent) with respect to any discharge of industrial waste water, to secure that the requirements of Schedule 4 are met in respect of that discharge.
2
Nothing in subsection (1) or (2) of section 121 of that Act (conditions of consent) shall be construed as restricting the power of a sewerage undertaker to impose in any consent under the said Chapter III such conditions as are necessary to comply with paragraph (1) above.
3
Nothing in any agreement entered into between a sewerage undertaker or its predecessor and the owner or occupier of premises used for carrying on any trade or industry shall be treated as a consent or authorisation for the purposes of the said Chapter III unless the terms of that agreement are such as will secure that the requirements of Schedule 4 are met in respect of any discharge to which the agreement relates.
4
Sewerage undertakers shall review, and if necessary modify, the consents or authorisations granted or deemed to be granted under the said Chapter III at regular intervals.
5
For the purposes of complying with paragraph (1) above, a sewerage undertaker may vary any agreement under section 129 of the Water Industry Act 1991 which provides for the discharge of industrial waste water to an urban waste water treatment plant without first entering a public sewer, and any such agreement shall not be enforceable if and to the extent that it permits any discharge of industrial waste water in respect of which the requirements of Schedule 4 are not met.
6
Nothing in the said Chapter III shall —
a
restrict the power of a sewerage undertaker or the Secretary of State to vary a consent or authorisation in pursuance of the duty imposed by this regulation; or
b
render a sewerage undertaker or the Secretary of State liable to pay compensation as a consequence of any such variation made in pursuance of that duty.
7
The duty imposed on sewerage undertakers by this regulation shall be enforceable under section 18 of the Water Industry Act 1991 by the Director General of Water Services.
Discharges of certain industrial waste water into receiving waters
8
1
This regulation applies to discharges of biodegradable industrial waste water from plants representing 4,000 p.e. or more belonging to the industrial sectors listed in Schedule 5 which does not enter urban waste water treatment plants before discharge to receiving waters.
2
It shall be the duty of the Authority to impose, in every consent granted under Chapter II of Part III of the Water Resources Act 1991 (pollution offences) with respect to any discharge on or after 31st December 2000 to which this regulation applies (whether on the grant of consent or by notice under paragraph 6(2) of Schedule 10 to that Act), conditions which are appropriate to the nature of the industry concerned for the discharge of such waste water, and nothing in paragraph 7 of Schedule 10 to that Act shall restrict the power of the Authority to modify a consent in pursuance of the duty imposed by this paragraph.
3
It shall be the duty of the Authority, in exercising its functions under section 28(3) and (4) of the Environmental Protection Act 1990 (authorisations under Part I of that Act and other statutory controls) (with respect to any process giving rise to a discharge to which this regulation applies, to secure that any authorisation granted in respect of that process includes conditions in respect of the discharge of such waste water on or after 31st December 2000 which are appropriate to the nature of the industry concerned.
4
All lakes and ponds shall be treated as controlled waters for the purposes of the enactments mentioned in paragraphs (2) and (3) above insofar as they relate to discharges to which this regulation applies.
Dumping of sludge from ships
9
It shall be the duty of the licensing authority (within the meaning of section 24 of the Food and Environment Protection Act 1985 ), in the exercise of its functions under Part II of that Act (deposits in the sea), to secure that —
a
the dumping of sludge from ships to surface waters is phased out by 31st December 1998; and
b
the total amount of toxic, persistent or bioaccumulable materials in sludge so disposed of is licensed for disposal and progressively reduced in the period ending on that date.
Samples and records
10
1
In this regulation —
a
a “relevant condition” means a condition imposed for the purposes of regulation 6(2) in a consent under Chapter II of Part III of the Water Resources Act 1991;
b
“the operator” means, in relation to a relevant condition, the person who operates the urban waste water treatment plant, discharges from which are authorised by the consent in which that condition is imposed.
2
Where the operator is required by a relevant condition to provide any apparatus for the purpose of measuring or recording the volume, rate of flow, nature, composition or temperature of any waste water, or for the purpose of collecting samples of waste water, any such apparatus so provided shall be presumed to register accurately unless the contrary is shown.
3
Any record —
a
produced by any such apparatus as is mentioned in paragraph (2) above; or
b
made by or on behalf of the operator in order to comply with a relevant condition,
shall be evidence of the matters appearing from the record and shall, in any proceedings under Chapter II of Part III of the Water Resources Act 1991, be admissible in evidence against the operator.
4
Where —
a
an entry is required by a relevant condition to be made in any record as to the observance of that or any other relevant condition; and
b
the entry has not been made,
that fact shall be admissible as evidence that that condition or, as the case may be, that other condition has not been observed.
5
Where, in compliance with a relevant condition, a sample of waste water is collected by apparatus installed for the purpose of collecting such samples automatically, the sample shall be treated, for the purpose of section 209 of the Water Resources Act 1991 (evidence of samples and abstractions), as being taken only at the time when it is removed from that apparatus.
6
For the purposes of the said section 209, a sample of waste water which is taken and analysed by the operator in compliance with a relevant condition shall not be treated as being taken on behalf of the Authority.
Monitoring
11
1
It shall be the duty of the Authority —
a
to monitor or procure the monitoring by a competent authority or appropriate body of discharges from urban waste water treatment plants to verify compliance with the relevant requirements of Part I of Schedule 3 in accordance with the control procedures set out in Part II of that Schedule;
b
to monitor or procure the monitoring by a competent authority or appropriate body of amounts and composition of sludges disposed of to surface waters (other than by means of dumping from ships);
c
to monitor or procure the monitoring by a competent authority or appropriate body of waters subject to discharges from urban waste water treatment plants provided in accordance with regulation 5 in cases where it can be expected that the receiving environment will be significantly affected;
d
to carry out or procure the carrying out by a competent authority or appropriate body of monitoring and any other relevant studies to verify that discharges to which regulation 5(5) applies and the disposal of sludge to surface waters (other than by means of dumping from ships) do not adversely affect the environment.
2
It shall be the duty of the licensing authority (within the meaning of section 24 of the Food and Environment Protection Act 1985) —
a
to monitor or procure the monitoring by a competent authority or appropriate body of amounts and composition of sludges disposed of to surface waters by means of dumping from ships;
b
to carry out or procure the carrying out by a competent authority or appropriate body of monitoring and any other relevant studies to verify that the disposal of sludge to surface waters by means of dumping from ships does not adversely affect the environment.
3
The Authority and the licensing authority shall retain any information collected by them or by a competent authority or appropriate body in complying with paragraph (1) or (2) above and shall make it available to the Secretary of State on request.
Deposit of maps and certificates
12
The Authority shall keep available at its principal office and at each of its principal regional offices, at all reasonable times, for inspection by the public free of charge —
a
the maps referred to in the definition of “estuary” in regulation 2(1);
b
the maps showing sensitive areas and high natural dispersion areas deposited with the Authority for the purposes of regulation 3;
c
particulars of certificates issued under regulation 4(3), 5(3) and 5(5)(b).
Information and assistance required in connection with the control of pollution
13
For the purposes of section 202 of the Water Resources Act 1991 (information and assistance required in connection with the control of pollution), the following obligations shall be treated as functions of the Secretary of State under the water pollution provisions of that Act:
a
the obligation under Article 16 of the Directive to publish every two years a situation report on the disposal of urban waste water and sludge in England and Wales;
b
the obligation under Article 17 of the Directive to establish, update and provide the Commission with information on a programme for the implementation of the Directive.
Signed by authority of the Secretary of State
Robert Atkins
Minister of State,
Department of the Environment
2nd November 1994
John Redwood
Secretary of State for Wales
4th November 1994


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Two Shires Ambulance National Health Service Trust (Transfer of Trust Property) (No. 2) Order 1994 and shall come into force on 9th June 1994.
2
In this Order —
“the Authority” means the Northamptonshire Health Authority;
“the Trust” means the Two Shires Ambulance National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Northampton Health Authority and the Trust on 31st December 1993 which schedule has been signed on behalf of both that Authority and the Trust.
Transfer of trust property
2
On 9th June 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th May 1994


text:
Citation, commencement and transitional provisions
1
1
These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) (No.2) Regulations 1994 and shall come into force on 1st February 1995.
2
These Regulations shall apply to advice and assistance given on or after 1st February 1995.
2
Regulation 2 of the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 shall be amended as follows: —
a
by inserting in the definition of “contract” after “section 4 of the”, “1988”;
b
by substituting in the definition of “duty solicitor scheme” for “under regulation 6” the words “under section 4 of the 1988 Act for the purposes of regulation 6(3)”;
c
by inserting in the definition of “own solicitor” after “a solicitor” the words “, and any representative of a solicitor,”;
d
by inserting after the definition of “own solicitor” the following definition: —
“own solicitor representatives scheme” means any arrangements made by the Board under section 4 of the 1988 Act applicable to representatives of own solicitors;
.
3
Regulation 5 of the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 shall be amended as follows: —
a
by inserting in paragraph (2)(a) after “duty solicitor or” the words “, subject to paragraph (2A),”;
b
by inserting after paragraph (2) the following paragraph: —
2A
The determining officer shall not allow any charges or fees for advice or assistance given by a representative of an own solicitor to whom any own solicitor representatives scheme applies unless he was registered under and met the other requirements of the scheme when the advice or assistance was given.
;
c
by substituting in paragraph (4) for “paragraph (5)” the words “paragraphs (2A) and (5)”.
Mackay of Clashfern, C.
Dated 14th December 1994
We consent,
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 19th December 1994


text:
1
This Order may be cited as the Railways Act 1993 (Commencement No. 6) Order 1994.
2
The following provisions of the Railways Act 1993 shall come into force on 16th August 1994:
in section 134, subsection (1), so far as not already in force; and
Schedule 11, so far as not already in force.
Signed by authority of the Secretary of State for Transport
John Watts
Minister of State,
Department of Transport
15th August 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Merton and Sutton Community 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 Merton and Sutton Health Authority;
“the Trust” means the Merton and Sutton Community 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 13th October 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:
Citation and Commencement
1
These Regulations may be cited as the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994 and shall come into force on 1st April 1994.
Interpretation
2
1
In these Regulations —
“the 1993 Teachers Regulations ” means the Education (Teachers) Regulations 1993 ;
“the Act of 1993 ” means the Education Act 1993;
“approval” means approval of a school for the purposes of section 189(1) of the Act of 1993 and “approved” in relation to such a school shall be construed accordingly;
“boarding school” means a school which has boarders whether or not it also has day children, and “boarder” includes a child at a boarding school who is accommodated there during the week, but not at weekends, in the school term;
“child with a statement” means a child for whom a statement is maintained under section 168 of the Act of 1993;
“head of care” means a person who is in daily charge of the care and welfare of boarders;
“hearing impaired” means deaf or partially hearing;
“local authority” means a local authority acting in the discharge of their functions under any of the enactments specified in Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to the social services committee) or, so long as an order under section 12 of that Act is in force, the Council of the Isles of Scilly;
“non-maintained special school” means a school which is not maintained by a local education authority and is not a grant-maintained school or a grant-maintained special school, but which has been approved as a special school under section 188 of the Act of 1993 (including approval treated as given under subsection (3) of that section);
“relevant local education authority” in relation to a child with a statement, means the local education authority by whom the statement is maintained; and
“visually impaired” means blind or partially sighted.
2
Except where the context otherwise requires, any reference in these Regulations to a regulation or Schedule is a reference to a regulation contained herein or to a Schedule hereto, any reference in a regulation or Schedule to a paragraph is a reference to a paragraph of the regulation or Schedule, and any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
Conditions of approval of independent schools
3
The requirements set out in Schedule 1 shall be complied with by an independent school as a condition of its approval for the purposes of section 189(1) of the Act of 1993.
Requirements to be complied with by an approved independent school
4
While an approval is in force with respect to an independent school the school shall comply with the requirements set out in Schedules 1 and 2.
Withdrawal of approval
5
1
Subject to paragraph (2), the Secretary of State may withdraw his approval of a school on the ground that, in the case of that school, there has been a failure to comply with any of the requirements referred to in regulation 4.
2
Unless the Secretary of State is of the opinion that it is necessary or expedient so to do in the interests of the health, safety or welfare of children at the school, he shall not withdraw his approval of the school in pursuance of paragraph (1) without —
a
consulting the proprietor of the school, and
b
if the proprietor so requests, affording the school a period specified by the Secretary of State within which to comply with the requirement with which the school has not complied.
3
The Secretary of State shall withdraw his approval of a school if the proprietor thereof in writing requests him so to do.
Revocation
6
The Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1991 are hereby revoked.


text:
1
This Order may be cited as the Free Zone (Southampton) Designaton (Variation) Order 1994 and shall come into force on 1st June 1994.
2
The area designated a free zone by the Free Zone (Southampton) Designation Order 1991 shall be varied so as to consist of the area of 5.495 acres in the City of Southampton, Hampshire, shown enclosed by a red line on a map (being of a scale of 1:2500), marked “Map referred to in article 2 of the Free Zone (Southampton) Designation (Variation) Order 1994”, signed by a Collector of Customs and Excise and dated 10th February 1994.
3
The map referred to in article 2 above shall be kept by the Commissioners at their Headquarters, New King’s Beam House, 22 Upper Ground, London SE1 9PJ (and a copy thereof at the offices of Southampton Free Trade Zone Limited) in substitution for the map referred to in article 2 of the Free Zone (Southampton) Designation Order 1991.
Timothy Kirkhope
Andrew MacKay
Two of the Lords Commissioners of Her Majesty’s Treasury
24th May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ashford Hospitals National Health Service Trust (Establishment) Amendment Order 1994 and shall come into force on 20th June 1994.
2
Inthis Order, unless the context otherwise requires, “the Order”means the Ashford Hospitals National Health Service Trust (Establishment) Order 1991 .
Change in number of directors of NHS Trust
2
In Article 4 of the Order for “5 non-executive” there shall be substituted “4 non-executive” and for “5 executive” there shall be the substituted “4 executive”.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
10th June 1994


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 1994 and shall come into force on 16th May 1994.
Revaluation of earnings factors
2
The earnings factors relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Pension Schemes Act 1993 (including that Part as modified by or under any other enactment),
are directed to be increased for the tax years specified in the Schedule to this Order by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Social Security.
William Hague
Parliamentary Under-Secretary of State,
Department of Social Security
19th April 1994


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Notification of Existing Substances (Enforcement) Regulations 1994 and shall come into force on 29th July 1994.
2
In these Regulations —
“the 1990 Act and, in relation to Scotland, the chief inspector for Scotland so constituted">chief inspector ” means, in relation to England and Wales, the chief inspector for England and Wales constituted under section 16(3) of the 1990 Act and, in relation to Scotland, the chief inspector for Scotland so constituted;
“the Council Regulation ” means Council Regulation ( EEC ) No. 793/93 on the evaluation and control of the risks of existing substances ;
“ the Executive ” means the Health and Safety Executive;
“existing substances” has the meaning given to it by Article 2(e) of the Council Regulation;
“health and safety inspector” means an inspector appointed by the Executive under section 19 of the 1974 Act ;
“inspector” means an inspector appointed by the Secretary of State under section 16(1) of the 1990 Act;
“the 1974 Act” means the Health and Safety at Work etc. Act 1974 ;
“the 1990 Act” means the Environmental Protection Act 1990 .
3
These Regulations shall not extend to Northern Ireland.
Designation of competent authority
2
1
The competent authority referred to in Article 13 of the Council Regulation shall, in relation to Great Britain, be the Secretary of State for the Environment and the Executive acting jointly.
2
In any case where, under a provision of the Council Regulation, a manufacturer or importer of an existing substance is required to furnish information to the member State in which he is located, that requirement shall, in relation to manufacturers or importers located in Great Britain, be satisfied by furnishing the information to the Secretary of State for the Environment and to the Executive.
Enforcement by the Executive
3
1
The enforcement provisions of the 1974 Act shall apply to any requirement or prohibition imposed upon any manufacturer or importer of existing substances by the Council Regulation as if the requirement or prohibition were imposed by regulations made under section 15 of that Act.
2
For the purposes of section 18 of the 1974 Act, notwithstanding regulation 3 of the Health and Safety (Enforcing Authority) Regulations 1989 , the enforcing authority for the Council Regulation shall be the Executive.
Enforcement by the chief inspector
4
1
It shall be the duty of the chief inspector to make adequate arrangements for the enforcement of the Council Regulation in relation to existing substances which are or have been manufactured or located in premises in relation to which the powers of an inspector are exercisable by virtue of section 17(2) of the 1990 Act.
2
The chief inspector may, to any extent, delegate the functions conferred or imposed on him by these Regulations to any other inspector.
3
For the purposes of the enforcement of the Council Regulation referred to in paragraph (1) above, an inspector may, on production (if so required) of his authority, exercise the following powers —
a
at any reasonable time enter any premises referred to in paragraph (1) above which he has reason to believe it is necessary for him to enter;
b
on entering any premises by virtue of sub-paragraph (a) above take with him —
i
any person duly authorised by the chief inspector and, if the inspector has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and
ii
any equipment or materials required for any purpose for which the power of entry is being exercised;
c
make such examination and investigation as may in any circumstances be necessary;
d
as regards any premises which he has power to enter, direct that those premises or any part of them, or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under sub-paragraph (c) above;
e
take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under sub-paragraph (c) above;
f
take and analyse samples of any articles or substances found in or on any premises which he has power to enter;
g
require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (c) above to answer (in the absence of persons other than a person nominated to be present and any person whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;
h
require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records of any information which are required to be furnished under any provision of the Council Regulation or which it is necessary for him to see for the purposes of an examination or investigation under sub-paragraph (c) above and inspect and take copies of, or of any entry in, the records;
i
require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him by this paragraph.
4
No answer given by a person in pursuance of a requirement imposed under paragraph (3)(g) above shall be admissible in evidence in England and Wales against that person in any proceedings, or in Scotland against that person in any criminal proceedings.
5
Nothing in this regulation shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, in relation to Scotland, on an order for production of documents in an action in the Court of Session.
6
An inspector shall not be liable in any civil or criminal proceedings for anything done in the purported performance of his functions under this regulation if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
Enforcement notices
5
1
If the chief inspector is of the opinion that a person has failed to comply with one or more of the provisions of the Council Regulation he may serve on him a notice (“an enforcement notice”).
2
An enforcement notice shall —
a
state that the chief inspector is of the said opinion;
b
specify the matters constituting the failure to comply;
c
specify the steps that must be taken to remedy the failure to comply; and
d
specify the period within which those steps must be taken.
3
Where an enforcement notice which is not to take immediate effect has been served —
a
the notice may be withdrawn by the chief inspector at any time before the end of the period specified therein; and
b
the period so specified may be extended or further extended by the chief inspector at any time when an appeal against the notice is not pending.
Appeals against enforcement notices
6
1
A person on whom an enforcement notice is served may appeal against the notice to an industrial tribunal.
2
On the determination of an appeal under paragraph (1) above, the tribunal may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the tribunal thinks fit.
3
An appeal under paragraph (1) above shall be brought within the time limit and in the manner that have been prescribed in respect of an improvement notice served under section 21 of the 1974 Act by the Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 , in respect of England and Wales, and by the Industrial Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993 , in respect of Scotland.
4
Where an appeal is brought under paragraph (1) above, the bringing of the appeal shall have the effect of suspending the operation of the notice until the appeal is finally disposed of or, if the appeal is withdrawn, until the withdrawal of the appeal.
5
One or more assessors may be appointed for the purposes of any proceedings brought before an industrial tribunal under paragraph (1) above.
Offences in relation to the notification of information about existing substances
7
1
It shall be an offence for a person —
a
to fail to comply with any provision of the Council Regulation;
b
to make a statement which he knows to be false or misleading in a material particular, or recklessly to make a statement which is false or misleading in a material particular, where the statement is made in purported compliance with a requirement to furnish any information imposed by or under any provision of the Council Regulation;
c
intentionally to make a false entry in any register, book, notice or other document required by any provision of the Council Regulation to be kept, served or given or, with intent to deceive, to make use of any such entry which he knows to be false.
2
Where an inspector, under regulations 4 and 5 above, or a health and safety inspector, under sections 20 and 21 of the 1974 Act, exercises his powers for the purposes of enforcing the Council Regulation, it shall be an offence for a person —
a
to fail to comply with or contravene any requirement imposed by an enforcement notice served under regulation 5 above or with an improvement notice served under section 21 of the 1974 Act including any such notice as modified on appeal;
b
without reasonable excuse to fail to comply with any requirement imposed under regulation 4 above or under section 20 of the 1974 Act;
c
to prevent any other person from appearing before or from answering any question to which an inspector, by virtue of regulation 4 above, or a health and safety inspector, by virtue of section 20 of the 1974 Act, may require an answer;
d
intentionally to obstruct an inspector or a health and safety inspector in the exercise or performance of his powers or duties under regulation 4 above or section 20 of the 1974 Act;
e
to fail to comply with an order made by a court under regulation 8 below.
3
A person guilty of an offence under sub-paragraph (a) or (e) of paragraph (2) above or under sub-paragraph (a), (b) or (c) of paragraph (1) above shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine.
4
A person guilty of an offence under sub-paragraph (b), (c), or (d) of paragraph (2) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
Where an offence under paragraph (1) above is committed by reason of a failure to do something at or within a time fixed by any of the provisions of the Council Regulation, the offence shall be deemed to continue until that thing is done.
6
Where —
a
an entry is required to be made in any register or other record as to the observance of any provision of the Council Regulation; and
b
the entry has not been made;
that fact shall be admissible as evidence in proceedings for an offence under paragraph (1) above that the provision has not been observed.
7
Summary proceedings for an offence under paragraph (1) or (2) above may be commenced at any time within six months from the date on which there comes to the knowledge of the chief inspector or the Executive evidence sufficient in the opinion of the chief inspector or the Executive to justify a prosecution for that offence; and for the purposes of this paragraph —
a
a certificate of the chief inspector or the Executive stating that such evidence came to his or its knowledge on a specified date shall be conclusive evidence of that fact; and
b
a document purporting to be such a certificate and to be signed by or on behalf of the chief inspector or the Executive shall be presumed to be such a certificate unless the contrary is proved.
8
In the application of paragraph (7) above to Scotland —
a
for the words from “there comes” to “that offence” there shall be substituted the words “evidence sufficient to justify a report to the Lord Advocate with a view to consideration of the question of prosecution, comes to the knowledge of the chief inspector or the Executive”;
b
at the end of paragraph (b) there shall be added the words
and
c
section 23(2) of the Summary Jurisdiction (Scotland) Act 1954 (date of commencement of proceedings) shall have effect as it has effect for the purposes of that section.
.
9
Proceedings for an offence under paragraph (1) or (2) above shall not, in England and Wales, be instituted except by an inspector or a health and safety inspector or by or with the consent of the Director of Public Prosecutions.
10
In England and Wales an inspector, if authorised to do so by the Secretary of State for the purposes of section 23(5) of the 1990 Act, or a health and safety inspector, if authorised to do so by the Executive for the purposes of section 39 of the 1974 Act may, although not of counsel or a solicitor, prosecute before a magistrates' court proceedings for an offence under paragraph (1) or (2) above.
Power of court to order cause of offence to be remedied
8
1
Where a person is convicted of an offence under regulation 7(1)(a) or 7(2)(a) above in respect of any matters which appear to the court to be matters which it is in his power to remedy, the court may, in addition to or instead of imposing any punishment, order him, within such time as may be fixed by the order, to take such steps as may be specified in the order for remedying those matters.
2
The time fixed by an order under paragraph (1) above may be extended or further extended by order of the court on an application made before the end of the time originally fixed or as extended under this paragraph, as the case may be.
3
Where a person is ordered under paragraph (1) above to remedy any matters, that person shall not be liable under regulation 7 above in respect of those matters in so far as they continue during the time fixed by the order or any further time allowed under paragraph (2) above.
Offences by corporations
9
1
Where an offence under regulation 7 above committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where, in Scotland, an offence under regulation 7 above committed by a Scottish partnership or unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he as well as the partnership or association shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Offences due to the fault of others
10
Where the commission by any person of an offence under regulation 7 above is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings for the offence are taken against the first-mentioned person.
Service of notices
11
1
Any notice required or authorised by these Regulations to be served or given to an inspector or a health and safety inspector may be served or given by delivering it to him or by leaving it at, or sending it by post to, his office.
2
Any such notice required to be served on or given to any person other than an inspector or a health and safety inspector may be served or given by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.
3
Any such notice may —
a
in the case of a body corporate, be served on or given to the secretary or clerk of that body;
b
in the case of a partnership, be served on or given to a partner or person having control of the management of the partnership business.
4
For the purposes of this regulation and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this regulation, the proper address of any person on or to whom any such notice is to be served or given shall be his last known address, except that —
a
in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;
b
in the case of a partnership or person having the control or the management of the partnership business, it shall be the principal office of the partnership;
and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.
5
If the person to be served with or given any such notice has specified an address in the United Kingdom other than his proper address within the meaning of paragraph (4) above as the one at which he or someone on his behalf will accept notices of the same description as that notice, that address will also be treated for the purposes of this regulation and section 7 of the Interpretation Act 1978 as his proper address.
6
The preceding provisions of this regulation shall apply to the sending or giving of a document as they apply to the giving of a notice.
Application to the Crown
12
1
Subject to paragraphs (2), (3) and (4) below, the provisions of these Regulations shall bind the Crown.
2
Nothing in this regulation shall be so construed as to apply sections 21 to 25 of the 1974 Act (as they are applied by regulation 3(1) above) to the Crown or to persons in the public service of the Crown.
3
No contravention by the Crown of any provision of these Regulations shall make the Crown criminally liable; but the High Court or, in Scotland, the Court of Session, may, on the application of the chief inspector or the Executive, declare unlawful any act or omission of the Crown which constitutes such a contravention.
4
Notwithstanding anything in paragraph (3) above, these Regulations shall apply to persons in the public service of the Crown as they apply to other persons.
John Selwyn Gummer
Secretary of State for the Environment
30th June 1994
John Redwood
Secretary of State for Wales
30th June 1994
By order of the Secretary of State
Michael Forsyth
Minister of State,
Department of Employment
4th July 1994
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
6th July 1994


text:
1
This Order may be cited as the Public Trustee (Fees) (Amendment) Order 1994 and shall come into force on 1st April 1994.
2
In article 17(4) of the Public Trustee (Fees) Order 1985 (“the principal order”), for the words from “in respect of the first £30,000” to the words “0.2 per cent.” there shall be substituted —
in respect of the first £30,000 1.65 per cent in respect of any excess over £30,000 up to £150,000 1.38 per cent in respect of any excess over £150,000 up to £375,000 0.825 per cent in respect of any excess over £375,000 up to £2,500,000 0.55 per cent in respect of any excess over £2,500,000 0.22 per cent.
3
For paragraph (5) of article 17 of the principal order there shall be substituted the following paragraph —
5
In this article —
“appropriate valuation date” means whichever of the following dates most recently precedes the date on which the fee is payable: —
a
1st July 1984 in the case of any estate or trust in which the Public Trustee was acting on that date;
b
1st July 1987 in the case of any estate or trust in which the Public Trustee was acting on that date;
c
30th September 1991 in the case of any estate or trust in which the Public Trustee was acting on that date;
d
30th September 1993 in the case of any estate or trust in which the Public Trustee was acting on that date;
e
in any other case, the acceptance valuation date of the estate or trust; and
“relevant period” means the period between the appropriate valuation date and the date on which the fee is payable.
.
Irvine Patnick
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury.
Dated 7th March 1994
I hereby signify my sanction
Mackay of Clashfern, C.
Dated 9th March 1994


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Kazakhstan) Order 1994.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of the Republic of Kazakhstan with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Kazakhstan;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Kazakhstan concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
R. P. Bulling
Deputy Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Household Appliances (Noise Emission) (Amendment) Regulations 1994, and shall come into force on 28th June 1994.
2
These Regulations shall extend to all parts of the United Kingdom.
Extension to Northern Ireland
2
The Household Appliances (Noise Emission) Regulations 1990 (hereinafter referred to as “the principal Regulations”) are hereby amended as follows: —
a
in regulation 1 after the words “which extend to Great Britain” there shall be added the words “and to Northern Ireland”;
b
in regulation 3(1) —
i
after the words “on or after 28th February 1990” there shall be inserted the words “in Great Britain or on or after 28th June 1994 in Northern Ireland”; and
ii
the words “in the law of Northern Ireland or” shall be deleted; and
c
in regulation 4(1) after the words “on or after 28th February 1990”there shall be inserted the words “in Great Britain or on or after 28th June 1994 in Northern Ireland”.
Enforcement
3
The principal Regulations are hereby further amended as follows: —
a
in regulation 2(1) —
i
at the end of the definition of “market” delete “and”; and
ii
at the end of the definition of “relevant national standard“ delete the full stop and substitute “; and ”the 1987 Act ” means the Consumer Protection Act 1987 .”;
b
the following shall be inserted after regulation 5
Enforcement
6
1
It shall be the duty of —
a
every weights and measures authority in Great Britain; and
b
every district council in Northern Ireland, to enforce these Regulations within their area.
2
A reference in these Regulations, or in the provisions applied to these Regulations by regulation 8 below, to an “enforcement authority” shall be construed as a reference to the bodies mentioned in paragraph (1) above.
;
c
regulation 6 shall be re-numbered as regulation 7 and amended as follows —
i
at the start of paragraph (1) delete “The Secretary of State”and substitute “An enforcement authority”;
ii
in paragraph (1) after the words “carry out in Great Britain” insert “or in Northern Ireland”;
iii
in paragraph (1) after the words “or of the Directive as implemented” delete “in the law of Northern Ireland or”;
iv
at the start of paragraph (2) delete “If the Secretary of State” and substitute “If an enforcement authority”; and
v
in paragraph (2) after the words “or of the Directive as implemented” delete “in the law of Northern Ireland or”;
d
the following regulation shall be inserted after regulation 7 as amended by these Regulations —
8
1
Sections 28, 29, 32, 38, 44 and 47 of the 1987 Act shall also apply for the purposes of providing for the enforcement of these Regulations and in respect of proceedings for contravention thereof as if —
a
references to safety provisions were references to these Regulations;
b
in section 28, subsections (3), (4) and (5) were omitted;
c
in sections 28 and 29 the words “or any provision made by or under Part III of this Act”, on each occasion that they occur, were omitted;
d
in section 29, subsections (4), (6) and (7) and paragraph
b
of subsection (5) were omitted; and
e
in section 38(1), paragraphs (a) to (c) and (e) were omitted.
2
Sections 39 and 40 shall apply to offences under section 32 as it is applied to these Regulations by paragraph (1) above.
;
e
regulation 7 shall be re-numbered as regulation 9, and paragraph (1) shall be amended as follows —
i
delete the words “any of the provisions of regulation 3(1) or”; and
ii
delete “regulation 6(2)” and substitute “regulation 7(2)”; and
f
regulation 8 shall be re-numbered as regulation 10.
Patrick McLoughlin
Parliamentary Under-Secretary of State,
Department of Trade and Industry
23rd May 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Areas) (London Boroughs of Richmond upon Thames and Southwark) (Amendment) Order 1994 and shall come into force on 30th January 1994.
Amendment of 1993 Order
2
1
The Road Traffic (Special Parking Areas) (London Boroughs of Richmond upon Thames and Southwark) Order 1993 shall be amended as follows.
2
At the end of article 1 there shall be inserted “so far as it relates to the London borough of Richmond upon Thames and on 5th April 1994 so far as it relates to the London borough of Southwark”.
3
In article 3(1)(b) the words “and to the areas” onwards shall be omitted.
4
Part II of Schedule 2 shall be omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
18th January 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1994 and shall come into force —
a
for the purposes of this regulation and regulations 15 to 25, on 1st April 1994;
b
for the purposes of regulations 2 to 14 —
i
in any case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, on 1st April 1994;
ii
in any other case, on 4th April 1994.
2
In these Regulations —
a
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
b
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 .
Amendment of regulation 2 of the Housing Benefit Regulations
2
In regulation 2(1) of the Housing Benefit Regulations (interpretation) —
a
the definition of “boarder” shall be omitted;
b
after the definition of “person on income support” there shall be inserted the following definition —
“personal pension scheme” has the same meaning as in section 191 of the Social Security Administration Act 1992 and, in the case of a self-employed earner, includes a scheme approved by the Board of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988 ;
.
Amendment of regulation 25 of the Housing Benefit Regulations
3
1
Regulation 25 of the Housing Benefit Regulations (calculation of weekly income) shall be renumbered paragraph (1) of regulation 25.
2
In paragraph (1) of regulation 25 for the words “For the purposes of regulations 22 to 24 (average weekly income)” there shall be substituted the words “For the purposes of regulations 22 (average weekly earnings of employed earners) and 24 (average weekly income other than earnings)”.
3
After paragraph (1) of regulation 25 there shall be added the following paragraph —
2
For the purposes of regulation 23 (average weekly earnings of self-employed earners) the weekly amount of earnings of a claimant shall be determined by dividing his earnings over the assessment period by the number equal to the number of days in that period and multiplying the quotient by 7.
.
Amendment of regulation 29 of the Housing Benefit Regulations
4
In regulation 29(4) of the Housing Benefit Regulations (calculation of net earnings of employed earners) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
an amount equivalent to the amount of the primary Class 1 contributions that would be payable by him under the Contributions and Benefits Act in respect of those earnings if such contributions were payable; and
.
Amendment of regulation 30 of the Housing Benefit Regulations
5
In regulation 30(1) of the Housing Benefit Regulations (earnings of self-employed earners) there shall be added at the end the words “unless at the date of claim the allowance has been terminated”.
Amendment of regulation 31 of the Housing Benefit Regulations
6
In regulation 31 of the Housing Benefit Regulations (calculation of net profit of self-employed earners) —
a
for the words “one-half of any qualifying premium payable” in each place where they occur there shall be substituted the words “one-half of the amount calculated in accordance with paragraph (12) in respect of any qualifying premium”;
b
for paragraph (11) there shall be substituted the following paragraphs —
11
In this regulation —
“qualifying premium” means any premium which is payable periodically in respect of a retirement annuity contract or a personal pension scheme and is so payable on or after the date of claim;
“retirement annuity contract” means an annuity contract for the time being approved by the Board of Inland Revenue as having for its main object the provision of a life annuity in old age or the provision of an annuity for a partner or dependant and in respect of which relief from income tax may be given on any premium.
12
The amount in respect of any qualifying premium shall be calculated by multiplying the daily amount of the qualifying premium by the number equal to the number of days in the assessment period; and for the purposes of this regulation the daily amount of the qualifying premium shall be determined —
a
where the qualifying premium is payable monthly, by multiplying the amount of the qualifying premium by 12 and dividing the product by 365;
b
in any other case, by dividing the amount of the qualifying premium by the number equal to the number of days in the period to which the qualifying premium relates.
.
Amendment of regulation 35 of the Housing Benefit Regulations
7
In regulation 35(7) of the Housing Benefit Regulations (notional income) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
an amount equivalent to the amount of the primary Class 1 contributions that would be payable by him under the Contributions and Benefits Act in respect of those earnings if such contributions were payable; and
.
Amendment of regulation 55 of the Housing Benefit Regulations
8
In regulation 55(2)(b) of the Housing Benefit Regulations (covenant income where no grant income or no contribution is assessed) there shall be added at the end the words “and (2A)”.
Amendment of regulation 57 of the Housing Benefit Regulations
9
In regulation 57 of the Housing Benefit Regulations (certain amounts to be disregarded in respect of student’s income) —
a
for the words “other than grant income and covenant income” there shall be substituted the words “other than grant income, covenant income and loans treated as income in accordance with regulation 57A ”;
b
after the words “sums disregarded under regulation 53(2)” there shall be inserted the words “or (2A)” .
Amendment of regulation 61 of the Housing Benefit Regulations
10
1
Regulation 61 of the Housing Benefit Regulations (maximum housing benefit) shall be renumbered paragraph (1) of regulation 61, and in paragraph (1) for the words “The amount of a person’s maximum housing benefit” there shall be substituted the words “Subject to paragraph (2), the amount of a person’s appropriate maximum housing benefit”.
2
After paragraph (1) of regulation 61 there shall be added the following paragraph —
2
Where —
a
the appropriate authority is satisfied that a claimant’s circumstances are exceptional; and
b
either —
i
any deduction in respect of non-dependants falls to be made under regulation 63 for the purpose of determining a person’s appropriate maximum housing benefit; or
ii
an amount falls to be deducted from a person’s appropriate maximum housing benefit in accordance with section 130(3)(b) of the Contributions and Benefits Act (amount of housing benefit where income exceeds applicable amount); and
c
if the person’s appropriate maximum housing benefit were not increased under this paragraph, an amount of housing benefit would be payable to the claimant notwithstanding any deduction which would fall to be made in accordance with section 130(3)(b) of that Act,
the authority may determine that the amount of the person’s appropriate maximum housing benefit calculated in accordance with paragraph (1) shall be such higher amount (“the increased amount — ”) as it considers appropriate in the particular circumstances of the case, but so that the increased amount, after any deduction made in accordance with section 130(3)(b) of that Act, shall not exceed his eligible rent calculated on a weekly basis in accordance with regulations 69 and 70 (calculation of weekly amounts and rent free periods).
.
Amendment of regulation 68 of the Housing Benefit Regulations
11
1
Regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “paragraphs (2) to (5)” there shall be substituted the words “paragraphs (2) to (6)”.
3
After paragraph (5) there shall be added the following paragraph —
6
Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the Contributions and Benefits Act, is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances shall take effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.
.
4
Paragraph (3) of this regulation shall only apply in the case of a change of circumstances which affects entitlement to housing benefit, or the amount of housing benefit, where entitlement to housing benefit arose pursuant to a claim for that benefit determined on or after 1st April 1994 or, in a case to which regulation 1(1)(b)(ii) of these Regulations applies, 4th April 1994.
Amendment of regulation 69 of the Housing Benefit Regulations
12
In regulation 69 of the Housing Benefit Regulations (calculation of weekly amounts) paragraph (8) shall be omitted.
Amendment of Schedule 4 to the Housing Benefit Regulations
13
1
Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph 20 there shall be substituted the following paragraph —
20
Where the claimant occupies a dwelling as his home and the dwelling is also occupied by a person other than one to whom paragraph 19 or 42 refers and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family —
a
£4 of the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family; and
b
a further £8.60, where the aggregate of any such payments is inclusive of an amount for heating.
.
3
For paragraph 42 there shall be substituted the following paragraph —
42
1
Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to —
a
where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100% of such payments; or
b
where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.
2
In this paragraph “board and lodging accommodation” means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises.
.
4
At the end of the Schedule there shall be added the following paragraph —
52
here the claimant is in receipt of any benefit under Parts II, III or V of the Contributions and Benefits Act, any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployability supplement) of that Act where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
.
Amendment of the Housing Benefit (Supply of Information) Regulations 1988
14
After regulation 3 of the Housing Benefit (Supply of Information) Regulations 1988 there shall be added the following regulation —
Further information to be supplied by an authority to the Secretary of State
4
1
For the purposes of section 127(3) of the Social Security Administration Act 1992 (duty of an authority to supply the Secretary of State with information) an authority shall supply, in writing, to the Secretary of State by the 15th of April, 15th of July, 15th of October and 15th of January of each year, in respect of the preceding quarter, information that he may require in relation to cases where a claim has been made for housing benefit and in respect of which there has been an intervention, in the respective quarter, of an officer of that authority designated by that authority for the investigation of fraud.
2
In this regulation “quarter” means the period of 3 months beginning on 1st April, 1st July, 1st October or 1st January, as the case may be.
.
Amendment of regulation 2 of the Council Tax Benefit Regulations
15
In regulation 2(1) of the Council Tax Benefit Regulations (interpretation) —
a
the definition of “boarder” shall be omitted;
b
after the definition of “person on income support” there shall be inserted the following definition —
“personal pension scheme” has the same meaning as in section 191 of the Administration Act 1992 and, in the case of a self-employed earner, includes a scheme approved by the Board of Inland Revenue under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988
.
Amendment of regulation 17 of the Council Tax Benefit Regulations
16
1
Regulation 17 of the Council Tax Benefit Regulations (calculation of weekly income) shall be renumbered paragraph (1) of regulation 17.
2
In paragraph (1) of regulation 17 for the words “For the purposes of regulations 14 to 16 (average weekly income)” there shall be substituted the words “For the purposes of regulations 14 (average weekly earnings of employed earners) and 16 (average weekly income other than earnings)”.
3
After paragraph (1) of regulation 17 there shall be added the following paragraph —
2
For the purposes of regulation 15 (average weekly earnings of self-employed earners) the weekly amount of earnings of a claimant shall be determined by dividing his earnings over the assessment period by the number equal to the number of days in that period and multiplying the quotient by 7.
.
Amendment of regulation 20 of the Council Tax Benefit Regulations
17
In regulation 20(4) of the Council Tax Benefit Regulations (calculation of net earnings of employed earners) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
an amount equivalent to the amount of the primary Class 1 contributions that would be payable by him under the Contributions and Benefits Act 1992 in respect of those earnings if such contributions were payable; and
Amendment of regulation 21 of the Council Tax Benefit Regulations
18
In regulation 21(1) of the Council Tax Benefit Regulations (earnings of self-employed earners) there shall be added at the end the words “unless at the date of claim the allowance has been terminated”.
Amendment of regulation 22 of the Council Tax Benefit Regulations
19
In regulation 22 of the Council Tax Benefit Regulations (calculation of net profit of self-employed earners) —
a
for the words “one-half of any qualifying premium payable” in each place where they occur there shall be substituted the words “one-half of the amount calculated in accordance with paragraph (12) in respect of any qualifying premium”;
b
for paragraph (11) there shall be substituted the following paragraphs —
11
In this regulation —
“qualifying premium” means any premium which is payable periodically in respect of a retirement annuity contract or a personal pension scheme and is so payable on or after the date of claim;
“retirement annuity contract” means an annuity contract for the time being approved by the Board of Inland Revenue as having for its main object the provision of a life annuity in old age or the provision of an annuity for a partner or dependant and in respect of which relief from income tax may be given on any premium.
12
The amount in respect of any qualifying premium shall be calculated by multiplying the daily amount of the qualifying premium by the number equal to the number of days in the assessment period; and for the purposes of this regulation the daily amount of the qualifying premium shall be determined —
a
where the qualifying premium is payable monthly, by multiplying the amount of the qualifying premium by 12 and dividing the product by 365;
b
in any other case, by dividing the amount of the qualifying premium by the number equal to the number of days in the period to which the qualifying premium relates.
.
Amendment of regulation 26 of the Council Tax Benefit Regulations
20
In regulation 26(7) of the Council Tax Benefit Regulations (notional income) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
an amount equivalent to the amount of the primary Class 1 contributions that would be payable by him under the Contributions and Benefits Act 1992 in respect of those earnings if such contributions were payable; and
.
Amendment of regulation 44 of the Council Tax Benefit Regulations
21
In regulation 44(1)(c) of the Council Tax Benefit Regulations (covenant income where no grant income or no contribution is assessed) for the words “regulation 42(2)(g) and (h)” there shall be substituted the words “regulation 42(2)(g) and (3)”.
Amendment of regulation 46 of the Council Tax Benefit Regulations
22
In regulation 46 of the Council Tax Benefit Regulations (certain amounts to be disregarded in respect of student’s income) —
a
for the words “other than grant income and covenant income” there shall be substituted the words “other than grant income, covenant income and loans treated as income in accordance with regulation 47”;
b
after the words “sums disregarded under regulation 42(2)” there shall be inserted the words “or (3)”.
Amendment of regulation 59 of the Council Tax Benefit Regulations
23
1
Regulation 59 of the Council Tax Benefit Regulations (date on which change of circumstances is to take effect) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “paragraphs (2) to (7)” there shall be substituted the words “paragraphs (2) to (8)”.
3
After paragraph (7) there shall be added the following paragraph —
8
Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the Contributions and Benefits Act 1992, is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances shall take effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.
.
4
Paragraph (3) of this regulation shall only apply in the case of a change of circumstances which affects entitlement to council tax benefit, or the amount of council tax benefit, where entitlement to council tax benefit arose pursuant to a claim for that benefit determined on or after 1st April 1994.
Insertion of regulation 94 of the Council Tax Benefit Regulations
24
After regulation 93 of the Council Tax Benefit Regulations there shall be added the following regulation —
Further information to be supplied by an appropriate authority to the Secretary of State
94
1
For the purposes of section 128(3) of the Administration Act 1992 (duty of an authority to supply the Secretary of State with information) an authority shall supply, in writing, to the Secretary of State by the 15th of April, 15th of July, 15th of October and 15th of January of each year, in respect of the preceding quarter, information that he may require in relation to cases where a claim has been made for council tax benefit and in respect of which there has been an intervention, in the respective quarter, of an officer of that authority designated by that authority for the investigation of fraud.
2
In this regulation “quarter” means the period of 3 months beginning on 1st April, 1st July, 1st October or 1st January, as the case may be.
.
Amendment of Schedule 4 to the Council Tax Benefit Regulations
25
1
Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph 20 there shall be substituted the following paragraph —
20
Where the claimant occupies a dwelling as his home and the dwelling is also occupied by a person other than one to whom paragraph 19 or 21 refers and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family —
a
£4 of the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family; and
b
a further £8.60, where the aggregate of any such payments is inclusive of an amount for heating.
.
3
For paragraph 21 there shall be substituted the following paragraph —
21
1
Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to —
a
where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100% of such payments; or
b
where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.
2
In this paragraph “board and lodging accommodation” means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises.
.
4
At the end of the Schedule there shall be added the following paragraph —
51
Where the claimant is in receipt of any benefit under Parts II, III or V of the Contributions and Benefits Act 1992, any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployability supplement) of that Act where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.
.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
7th March 1994