text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit, Council Tax Benefit and Income Support (Amendments) Regulations 1995 and shall come into force —
a
for the purposes of regulations 1, 3, 4, 6 and 7, on 1st April 1995; and
b
for the purposes of regulations 2 —
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 1995, and
ii
in any other case, on 3rd April 1995;
c
for the purposes of regulation 5, on 10th April 1995.
2
In these Regulations, unless the context otherwise requires —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of regulation 5 of the Housing Benefit Regulations
2
1
Regulation 5 of the Housing Benefit Regulations (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) shall be amended as follows.
2
After paragraph (7A) , there shall be inserted the following paragraphs —
7B
This paragraph shall apply to a person who enters residential accommodation —
a
for the purpose of ascertaining whether the accommodation suits hisneeds, and
b
with the intention of returning to the dwelling which is normally occupied by him as his home should, in the event, the residential accommodation prove not to suit his needs, and
c
while the part of the dwelling which is normally occupied by him as his home is not let, or as the case may be, sublet.
7C
A person to whom paragraph (7B) applies shall be treated as if he is occupying the dwelling he normally occupies as his home for a period not exceeding, subject to an overall limit of 52 weeks on the absence from that home, 13 weeks beginning from the first day he enters a residential accommodation.
.
3
In paragraph (8) —
a
at the beginning there shall be inserted the words “Subject to paragraph (8C),”;
b
for the words “a period not exceeding 52 weeks” there shall be substituted the words “a period not exceeding 13 weeks beginning from the first day of that absence from the home”; and
c
in sub-paragraph (c), for the words from “52 weeks” to the end there shall be substituted the words “13 weeks.”.
4
After paragraph (8A) there shall be inserted the following paragraphs —
8B
This paragraph shall apply to a person who is temporarily absent from the dwelling he normally occupies as his home (“absence”), if —
a
he intends to return to occupy the dwelling as his home; and
b
while the part of the dwelling which is normally occupied by him has not been let, or as the case may be, sublet; and
c
he is —
i
detained in custody on remand pending trial or, as a condition of bail, required to reside in a hostel approved under section 27(1) of the Probation Services Act 1993 , or, as the case may be, detained pending sentence upon conviction, or
ii
resident in a hospital or similar institution as a patient, or
iii
undergoing, or as the case may be, his partner or his dependent child is undergoing, in the United Kingdom or elsewhere, medical treatment, or medically approved convalescence, in accommodation other than residential accommodation, or
iv
following, in the United Kingdom or elsewhere, a training course, or
v
undertaking medically approved care of a person residing in the United Kingdom or elsewhere, or
vi
undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment, or
vii
a person who is, in the United Kingdom or elsewhere, receiving medically approved care provided in accommodation other than residential accommodation, or
viii
a student to whom paragraph (3) or (5)(b) or regulation 48A(1) (circumstances in which certain students are treated as not liable to make payments in respect of a dwelling) does not apply, or
ix
a person who is receiving care provided in residential accommodation other than a person to whom paragraph (7B) applies, or
x
a person who has left the dwelling he occupies as his home through fear of violence, in that dwelling, or by a person who was formerly a member of the family of the person first mentioned, and to whom paragraph (5)(a) or (7A) does not apply; and
d
the period of his absence is unlikely to exceed 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.
8C
A person to whom paragraph (8B) applies shall be treated as occupying the dwelling he normally occupies at his home during any period of absence not exceeding 52 weeks beginning from the first day of that absence.
.
5
In paragraph (9) (interpretation) —
a
before the definition of “patient”, there shall be inserted —
“medically approved” means certified by a medical practitioner;
; and
b
in sub-paragraph (g), for the words “Housing Corporation established by the Housing Act 1964” there shall be substituted the words “Scottish Homes established by the Housing (Scotland) Act 1988 ”.
Amendment of regulation 2 of the Council Tax Benefit Regulations
3
In regulation 2(2) of the Council Tax Benefit Regulations (interpretation), at the end there shall be added the words “and regulation 4C of these Regulations”.
Insertion of regulation 4C of the Council Tax Benefit Regulations
4
After regulation 4B of the Council Tax Benefit Regulations (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), there shall be inserted the following regulation —
4C
1
This paragraph shall apply to a person who enters residential accommodation —
a
for the purpose of ascertaining whether the accommodation suits his needs, and
b
with the intention of returning to the dwelling which is normally occupied by him as his home should, in the event, the residential accommodation prove not to suit his needs, and
c
while the part of the dwelling which is normally occupied by him as his home is not let, or as the case may be, sublet.
2
A person to whom paragraph (1) applies shall be treated as if he is occupying the dwelling he normally occupies as his home for a period not exceeding, subject to an overall limit of 52 weeks on the absence from that home, 13 weeks beginning from the first day he enters a residential accommodation.
3
Subject to paragraph (5), a person shall be treated as occupying a dwelling as his home while he is temporarily absent from that dwelling for a period not exceeding 13 weeks beginning from the first day of that absence from the home, if —
a
he intends to return to occupy the dwelling as his home; and
b
while the part of the dwelling normally occupied by him has not been let or, as the case may be, sublet; and
c
the period of absence is unlikely to exceed 13 weeks.
4
This paragraph shall apply to a person who is temporarily absent from the dwelling he normally occupies as his home (“absence”), if —
a
he intends to return to occupy the dwelling as his home; and
b
while the part of the dwelling which is normally occupied by him has not been let, or as the case may be, sublet; and
c
he is —
i
detained in custody on remand pending trial, or as a condition of bail, required to reside in a hostel approved under section 27(1) of the Probation Services Act 1993 (a), or, as the case may be, detained pending sentence upon conviction, or
ii
resident in a hospital or similar institution as a patient, or
iii
undergoing, or as the case may be, his partner or his dependent child is undergoing, in the United Kingdom or elsewhere, medical treatment, or medically approved convalescence, in accommodation other than residential accommodation, or
iv
following, in the United Kingdom or elsewhere, a training course, or
v
undertaking medically approved care of a person residing in the United Kingdom or elsewhere, or
vi
undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment, or
vii
a person who is, in the United Kingdom or elsewhere, receiving medically approved care provided in accommodation other than residential accommodation, or
viii
a student to whom paragraph (3) or (5)(b) of regulation 5 of, or regulation 48A(1) of, the Housing Benefit (General) Regulations 1987 (circumstances in which certain students are treated as not liable to make payments in respect of a dwelling) does not apply, or
ix
a person who is receiving care provided in residential accommodation other than a person to whom paragraph (1) applies, or
x
a person who has left the dwelling he occupies as his home through fear of violence, in that dwelling, or by a person who was formerly a member of the family of the person first mentioned, and to whom paragraph (5)(a) or (7A) of regulation 5 of the Housing Benefit (General) Regulations 1987 does not apply; and
d
the period of his absence is unlikely to exceed 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.
5
A person to whom paragraph (4) applies shall be treated as occupying the dwelling as his home during any period of absence not exceeding 52 weeks beginning from the first day of that absence.
6
In this regulation —
“medically approved” means certified by a medical practitioner;
“patient” means a person who is undergoing medical or other treatment as an in-patient in any hospital or similar institution;
“residential accommodation” means accommodation which is provided by an establishment —
under section 21 to 24 of the National Assistance Act 1948 (provision of accommodation) where —
board is available to the claimant, and
the home in which the accommodation is provided is either owned or managed or owned and managed by a local authority, or
under section 59 of the Social Work (Scotland) Act 1968 (provision of residential and other establishments) where —
board is available to the claimant, and
the home in which the accommodation is provided is either owned or managed or owned and managed by a local authority; and
registered under Part I of the Registered Homes Act 1984 ;
run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;
managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament other than a local social services authority;
in Scotland, which is a home registered under section 61 of the Social Work (Scotland) Act 1968 or is an establishment provided by a housing association registered with the Scottish Homes established by the Housing (Scotland) Act 1988 which provides care equivalent to that given in residential accommodation provided under Part IV of the Social Work (Scotland) Act 1968;
in premises which are a nursing home or mental nursing home within the meaning of the Registered Homes Act 1984 and which are either registered under Part II of that Act or exempt from registration under section 37 thereof (power to exempt Christian Science Homes);
in any premises used or intended to be used for the reception of such persons or the provision of such nursing or services as are mentioned in any of the subsections (1)(a) to (c) of section 21 or section 22(1) of the Registered Homes Act 1984 (meaning of nursing home or mental nursing home) or, in Scotland, as are mentioned in section 10(2) of the Nursing Homes Registration (Scotland) Act 1938 (interpretation) and which are maintained or controlled by a body instituted by special Act of Parliament or incorporated by Royal Charter; or
in Scotland,
in premises which are a nursing home within the meaning of section 10 of the Nursing Home Registration (Scotland) Act 1938 which are either registered under that Act or exempt from registration under section 6 or 7 thereof (general power to exempt homes and power to exempt Christian Science Homes); or
in premises which are a private hospital within the meaning of section 12 of the Mental Health (Scotland) Act 1984 (private hospitals), and which are registered under that Act;
in sub-paragraphs (a) and (b), “board” refers to the availability to the claimant in the home in which his accommodation is provided of cooked or prepared food, where the food is made available to him in consequence solely of his paying the charge for the accommodation or any charge which he is required to pay as a result of occupying the accommodation, or both of those charges, and is made available for his consumption without any further charge to him;
“training course” means a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.
.
Amendment of Schedule 3 to the Income Support Regulations
5
1
Paragraph 4 of Schedule 3 to the Income Support Regulations (housing costs) shall be amended as follows.
2
After sub-paragraph (7) there shall be inserted the following sub-paragraphs —
7A
This paragraph shall apply to a person who enters residential accommodation —
a
for the purpose of ascertaining whether the accommodation suits his needs, and
b
with the intention of returning to the dwelling which is normally occupied by him as his home should, in the event, the residential accommodation prove not to suit his needs, and
c
while the part of the dwelling which is normally occupied by him as his home is not let, or as the case may be, sublet.
7B
A person to whom paragraph (7A) applies shall be treated as if he is occupying the dwelling he normally occupies as his home for a period not exceeding, subject to an overall limit of 52 weeks on the absence from that home, 13 weeks beginning from the first day he enters a residential accommodation.
.
3
In sub-paragraph (8) —
a
at the beginning there shall be inserted the words “Subject to sub-paragraph (8B),”;
b
for the words “a period not exceeding 52 weeks” there shall be substituted the words “a period not exceeding 13 weeks beginning from the first day of that absence from the home”;
c
in head (c) for the words from “52 weeks” to the end there shall be substituted the words “13 weeks.”.
4
After sub-paragraph (8) there shall be inserted the following sub-paragraphs —
8A
This sub-paragraph shall apply to a person who is temporarily absent from the dwelling he normally occupies as his home (“absence”), if —
a
he intends to return to occupy the dwelling as his home; and
b
while the part of the dwelling which is normally occupied by him has not been let, or as the case may be, sublet; and
c
he is —
i
detained in custody on remand pending trial or, as a condition of bail, required to reside in a hostel approved under section 27(1) of the Probation Services Act 1993 , or, as the case may be, detained pending sentence upon conviction, or
ii
resident in a hospital or similar institution as a patient, or
iii
undergoing, or as the case may be, his partner or his dependent child is undergoing, in the United Kingdom or elsewhere, medical treatment, or medically approved convalescence, in accommodation other than residential accommodation, or
iv
following, in the United Kingdom or elsewhere, a training course, or
v
undertaking medically approved care of a person residing in the United Kingdom or elsewhere, or
vi
undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment, or
vii
a person who is, in the United Kingdom or elsewhere, receiving medically approved care provided in accommodation other than residential accommodation, or
viii
a student to whom sub-paragraph (3) or (6)(b) does not apply, or
ix
a person who is receiving care provided in residential accommodation other than a person to whom sub-paragraph (7A) applies, or
x
a person who has left the dwelling he occupies as his home through fear of violence, in that dwelling, or by a person who was formerly a member of the family of the person first mentioned, and to whom sub-paragraph (6)(a) does not apply; and
d
the period of his absence is unlikely to exceed 52 weeks or, in exceptional circumstances is unlikely substantially to exceed that period.
8B
A person to whom sub-paragraph (8A) applies shall be treated as occupying the dwelling as his home during a period not exceeding 52 weeks of his absence beginning from the first day of that absence.
.
5
In sub-paragraph (9) —
a
before the definition of “patient” the following definition shall be inserted —
za
“medically approved” means certified by a medical practitioner;
, and
b
for head (c), there shall be substituted the following —
c
“training course” means a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.
.
Transitional
6
Where, before the coming into force of these Regulations, a claimant for council tax benefit is absent from the dwelling he normally occupies as his home, he shall, for the purposes of regulation 4C of the Council Tax Benefit Regulations, be treated, while that absence continues, as if he is absent from the dwelling for a period not exceeding 52 weeks from the first day of that absence.
Saving
7
In the case of a claimant who is absent from the dwelling he normally occupies as his home before the coming into force of these Regulations, regulation 5 of the Housing Benefit Regulations and paragraph 4 of Schedule 3 to the Income Support Regulations shall have effect, while that absence continues, as if regulation 2 or 5, as the case may be, of these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
8th March 1995


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Stonebridge Housing Action Trust (Transfer of Property) Order 1995 and shall come into force on 25th September 1995.
Interpretation
2
In this Order —
“the council” means the council of the London Borough of Brent;
“the map” means the map entitled “Map referred to in the Stonebridge Housing Action Trust (Transfer of Property) Order 1995” of which prints, signed by an Under Secretary in the Department of the Environment, are deposited and available for inspection at the principal office of each of the Secretary of State for the Environment, the council and the trust;
“the transfer date” means 25th September 1995; and
“the trust” means the Stonebridge Housing Action Trust.
Transfer of Land
3
Subject to article 4 of this Order, the interest of the council in the housing and other land within the area designated as a housing action trust area by the Stonebridge Housing Action Trust (Area and Constitution) Order 1994 and shown on the map bounded internally by a broken black line and excluding the hatched areas bounded internally by a broken black line shall vest in the trust on the transfer date together with all easements and rights vested in the council which are annexed or appurtenant to the land transferred by this Order (or any part of the land).
Mortgages
4
The interest of the council in any mortgage effected in pursuance of a secure tenant’s right to a mortgage under section 132 of the Housing Act 1985 shall not vest in the trust.
Financial terms
5
1
On the transfer date the trust shall pay to the council £80,550 in respect of arrears of rent arising before the transfer date —
a
under tenancies of any of the housing transferred by this Order where such tenancies have not been determined prior to the transfer date, and
b
under tenancies of other land transferred by this Order whether or not such tenancies have been determined.
2
Any rent or other sum arising under a tenancy of land transferred by this Order and falling due before the transfer date, except for the arrears described in paragraph (1) of this article, shall continue to be recoverable by the council to the exclusion of the trust and of any other person in whom the reversion on the tenancy may become vested notwithstanding anything in section 141 of the Law of Property Act 1925 .
3
If any part of the sum payable under paragraph (1) of this article is unpaid, the trust shall further pay the council interest at such rate as may be prescribed by regulations under section 32 of the Land Compensation Act 1961 while it remains unpaid.
4
Payments to the council under this article shall not be regarded for the purposes of Part IV of the Local Government and Housing Act 1989 as sums received by the council in respect of a disposal falling within section 58(1)(a) of the Act.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
29th August 1995


text:
PART I:
GENERAL
Title, commencement and extent
1
1
This Order may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989 (Enforcement of External Orders) Order 1995 and shall come into force on 24th March 1995.
2
This Order extends to the United Kingdom only.
Interpretation
2
1
In this Order —
“court of a designated country” includes a court of any state or territory of a designated country,
“appropriate authority” means the authority of a designated country specified opposite that country in Schedule 2 to this Order,
“designated country” means a country or territory designated under article 3 of this Order,
“external forfeiture order” means an order which is made in a designated country and which provides for the forfeiture of terrorist funds within the meaning of section 11(3)(a) or (b) of the 1989 Act ,
“external restraint order” means an order which is made in a designated country and which makes provision prohibiting dealing with property which is subject to an external forfeiture order or in respect of which such an order could be made in proceedings which have been or are to be instituted there,
“external order” means an external forfeiture order or an external restraint order,
“property” includes property wherever situated and whether real or personal, heritable or movable and things in action and other intangible or incorporeal property,
“the 1989 Act” means the Prevention of Terrorism (Temporary Provisions) Act 1989 .
2
The following provisions of this article shall have effect for the interpretation of this Order.
3
Proceedings are instituted in a designated country when —
a
under the law of the designated country concerned, one of the steps specified in relation to that country in the right-hand column of Schedule 1 to this Order has been taken there in respect of the commission of an alleged offence, or
b
an application has been made to a court of a designated country for an external forfeiture order,
and where the application of this paragraph would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.
4
Proceedings are concluded in a designated country —
a
when an external forfeiture order has been made in those proceedings and effect has been given to it in respect of all the money or other property to which it applies, or
b
when (disregarding any power of a court in a designated country to grant leave to appeal out of time) there is no further possibility of an external forfeiture order being made in the proceedings.
5
An external order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.
Designation of countries and territories
3
Each of the countries and territories specified in Schedule 2 to this Order is hereby designated for the purposes of paragraphs 10(2), 20(2) and 30(2) of Schedule 4 to the 1989 Act.
Proof of orders and judgment of court of a designated country
4
1
For the purposes of this Order —
a
any order made or judgment given by a court of a designated country purporting to bear the seal of that court, or to be signed by any person in his capacity as a judge, magistrate or officer of the court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person, and
b
a document, duly authenticated, which purports to be a copy of any order made or judgment given by a court of a designated country shall be deemed without further proof to be a true copy.
2
A document purporting to be a copy of any order made or judgment given by a court of a designated country is duly authenticated for the purposes of paragraph (1)(b) above if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in question or by, or on behalf of, the appropriate authority of the designated country.
Evidence in relation to proceedings and orders in a designated country
5
For the purposes of this Order —
1
A certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating —
a
that proceedings have been instituted and have not been concluded, or that proceedings are to be instituted, there,
b
that an external order is in force and is not subject to appeal,
c
that property recoverable in the designated country under an external order remains unrecovered there,
d
that any person has been notified of any proceedings in accordance with the law of the designated country, or
e
that an order (however described) made by a court of a designated country is an external order, or that an order, if made by a court of a designated country, would be an external order,
shall be admissible as evidence or, for the purposes of Part III of this Order, constitute sufficient evidence, of the facts so stated.
2
A statement contained in a document, duly authenticated, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court of a designated country, shall be admissible as evidence or, for the purposes of Part III of this Order, constitute sufficient evidence, of any fact stated therein.
3
A document is duly authenticated for the purposes of paragraph (2) above if it purports to be certified by any person in his capacity as judge, magistrate or officer of the court of a designated country, or by or on behalf of the appropriate authority of the designated country, to have been received in evidence or to be a copy of a document so received, or, as the case may be, to be the original document containing or summarising the evidence or a true copy of that document.
PART II:
ENFORCEMENT OF EXTERNAL ORDERS IN ENGLAND AND WALES
Application of this Part
6
This Part applies for the purpose of enabling the enforcement in England and Wales of external orders.
Representation of government of a designated country
7
A request for assistance sent to the Secretary of State by the appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the authority of the government of that country for the Crown Prosecution Service to act on its behalf in proceedings pursuant to this Part of this Order.
Registration of external forfeiture orders
8
1
On an application made by or on behalf of the government of a designated country, the High Court may register an external forfeiture order made there if —
a
it is satisfied that at the time of registration the order is in force and not subject to appeal,
b
it is satisfied, where the person against whom the order is made did not appear in the proceedings in which the relevant order was made, that he received notice of the proceedings in sufficient time to enable him to defend them, and
c
it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice.
2
In paragraph (1) above, “appeal” includes —
a
any proceedings by way of discharging or setting aside a judgment, and
b
an application for a new trial or a stay of execution.
Registration of external restraint orders
9
1
On an application made by or on behalf of the Government of a designated country, the High Court may, subject to paragraph (2) below, register an external restraint order made there if —
a
it is satisfied that at the time of registration the order is in force, and
b
it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice.
2
An external restraint order may only be registered where —
a
proceedings have been instituted against a person in a designated country, the proceedings have not been concluded, and either an external forfeiture order has been made in the proceedings or it appears to the High Court that there are reasonable grounds for thinking that such an order may be made in those proceedings, or
b
proceedings are to be instituted against a person in a designated country and there are reasonable grounds for thinking that an external forfeiture order may be made in those proceedings.
Implementation of registered external forfeiture orders
10
1
If an external forfeiture order is registered in the High Court under article 8(1) of this Order, the High Court shall have, in relation to that order, the same powers as a court has under paragraph 1(1) of Schedule 4 to the 1989 Act (implementation of forfeiture orders) in relation to a forfeiture order made by it (and paragraph 2 of that Schedule applies accordingly) but any reference in the said paragraph 1(1) to “the proper officer” shall, for the purposes of this article, mean the appropriate officer of the High Court.
2
After making any payment required by virtue of paragraph 1(1)(d) or 2 of Schedule 4 to the 1989 Act, the balance of any sums received by the appropriate officer of the High Court by virtue of an order made under paragraph (1) above shall be paid by him to the Secretary of State.
Statutory provisions applicable where external restraint order has been registered
11
Paragraphs 3(7), 5 and 6 of Schedule 4 to the 1989 Act shall apply to a registered external restraint order as they apply to a restraint order and the High Court shall have the like power to make an order under section 33 of the Supreme Court Act 1981 (extended power to order inspection of property etc. ) in relation to proceedings brought or likely to be brought for an external restraint order as if those proceedings had been brought or were likely to be brought in the High Court.
Enforcement of registered external orders
12
1
Without prejudice to the foregoing provisions, if an external order is registered in the High Court under article 8 or article 9 of this Order —
a
the High Court shall have, in relation to its enforcement, the same power,
b
proceedings for or with respect to its enforcement may be taken, and
c
proceedings for or with respect to any contravention of such an order (whether before or after such registration) may be taken,
as if the order had originally been made in the High Court.
2
The High Court may, additionally, for the purpose of —
a
assisting the achievement in England and Wales of the purposes of an external order, or
b
assisting any receiver or other person directed by any such order to sell or otherwise dispose of property,
make such orders or do otherwise as seems to it appropriate.
PART III:
ENFORCEMENT OF EXTERNAL ORDERS IN SCOTLAND
Application of this Part
13
This Part applies for the purpose of enabling the enforcement in Scotland of external orders.
Representation of government of a designated country
14
A request for assistance sent to the Secretary of State by the appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the authority of that country for the Lord Advocate to act on its behalf in proceedings pursuant to this Part of the Order.
Registration of external forfeiture orders
15
1
On an application made by or on behalf of the Government of a designated country, the Court of Session may register an external forfeiture order made there if —
a
it is satisfied that at the time of registration the order is in force and not subject to appeal,
b
it is satisfied, where the person against whom the order is made did not appear in the proceedings in which the relevant order was made, that he received notice of the proceedings in sufficient time to enable him to defend them, and
c
it is of the opinion that enforcing the order in Scotland would not be contrary to the interests of justice.
2
In paragraph (1) above, “appeal” includes —
a
any proceedings by way of discharging or setting aside a judgment, and
b
an application for a new trial or a stay of execution.
Registration of external restraint orders
16
1
On an application made by or on behalf of the Government of a designated country, the Court of Session may, subject to paragraph (2) below, register an external restraint order made there if —
a
it is satisfied that at the time of registration the order is in force, and
b
it is of the opinion that enforcing the order in Scotland would not be contrary to the interests of justice.
2
An external restraint order may only be registered where —
a
proceedings have been instituted against a person in a designated country, the proceedings have not been concluded, and either an external forfeiture order has been made in the proceedings or it appears to the Court of Session that there are reasonable grounds for thinking that such an order may be made in those proceedings, or
b
proceedings are to be instituted against a person in a designated country and there are reasonable grounds for thinking that an external forfeiture order may be made in those proceedings.
Implementation of registered external forfeiture orders
17
If an external forfeiture order is registered in the Court of Session under article 15(1) of this Order, the Court shall have, in relation to that order, the same powers as a court has under paragraph 11(1) and (2) of Schedule 4 to the 1989 Act (implementation of forfeiture orders) in relation to a forfeiture order made by it and paragraphs 11(4) to (6) and 12 of that Schedule apply accordingly.
Statutory provisions applicable where external restraint order has been registered
18
Paragraphs 13(6), 15 and 16 of Schedule 4 to the 1989 Act shall apply to a registered external restraint order as they apply to a restraint order and the Court of Session shall have the like power to make an order under section 1 of the Administration of Justice (Scotland) Act 1972 (extended power to order inspection of documents etc.) in relation to proceedings brought or likely to be brought for an external restraint order as if those proceedings had been brought or were likely to be brought in the Court of Session.
Enforcement of registered external orders
19
1
Without prejudice to the foregoing provisions, if an external order is registered in the Court of Session under article 15 or article 16 of this Order —
a
the Court of Session shall have, in relation to its enforcement, the same power,
b
proceedings for or with respect to its enforcement may be taken, and
c
proceedings for or with respect to any contravention of such an order (whether before or after such registration) may be taken,
as if the order had originally been made in the Court of Session.
2
The Court of Session may, additionally, for the purpose of —
a
assisting the achievement in Scotland of the purposes of an external order, or
b
assisting any receiver or other person directed by any such order to sell or otherwise dispose of property,
make such orders or do otherwise as seems to it appropriate.
PART IV:
ENFORCEMENT OF EXTERNAL ORDERS IN NORTHERN IRELAND
Application of this Part
20
This Part applies for the purpose of enabling the enforcement in Northern Ireland of external orders.
Representation of government of a designated country
21
A request for assistance sent to the Secretary of State by the appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the authority of the government of that country for the Director of Public Prosecutions for Northern Ireland, or the Crown Solicitor for Northern Ireland to act on its behalf in proceedings pursuant to this Part of this Order.
Registration of external forfeiture orders
22
1
On an application made by or on behalf of the government of a designated country, the High Court may register an external forfeiture order made there if —
a
it is satisfied that at the time of registration the order is in force and not subject to appeal,
b
it is satisfied, where the person against whom the order is made did not appear in the proceedings in which the relevant order was made, that he received notice of the proceedings in sufficient time to enable him to defend them, and
c
it is of the opinion that enforcing the order in Northern Ireland would not be contrary to the interests of justice.
2
In paragraph (1) above, “appeal” includes —
a
any proceedings by way of discharging or setting aside a judgment, and
b
an application for a new trial or a stay of execution.
Registration of external restraint orders
23
1
On an application made by or on behalf of the Government of a designated country, the High Court may, subject to paragraph (2) below, register an external restraint order made there if —
a
it is satisfied that at the time of registration the order is in force, and
b
it is of the opinion that enforcing the order in Northern Ireland would not be contrary to the interests of justice.
2
An external restraint order may only be registered where —
a
proceedings have been instituted against a person in a designated country, the proceedings have not been concluded, and either an external forfeiture order has been made in the proceedings or it appears to the High Court that there are reasonable grounds for thinking that such an order may be made in those proceedings, or
b
proceedings are to be instituted against a person in a designated country and there are reasonable grounds for thinking that an external forfeiture order may be made in those proceedings.
Implementation of registered external forfeiture orders
24
1
If an external forfeiture order is registered in the High Court under article 22(1) of this Order, the High Court shall have, in relation to that order, the same powers as a court has under paragraph 21(1) of Schedule 4 to the 1989 Act (implementation of forfeiture orders) in relation to a forfeiture order made by it (and paragraph 22 of that Schedule applies accordingly) but any reference in the said paragraph 21(1) to “the proper officer” shall for the purposes of this article, mean the appropriate officer of the High Court.
2
After making any payment required by virtue of paragraph 21(1)(d) or 22 of Schedule 4 to the 1989 Act, the balance of any sums received by the appropriate officer of the High Court by virtue of an order made under paragraph (1) above shall be paid into or disposed for the benefit of the Consolidated Fund.
Statutory provisions applicable where external restraint order has been registered
25
Paragraphs 23(7), 25 and 26 of Schedule 4 to the 1989 Act and the Land Registration Act (Northern Ireland) 1970 and the Registration of Deeds Act (Northern Ireland) 1970 shall apply to a registered external restraint order as they apply to a restraint order and the High Court shall have the like power to make an order under section 21 of the Administration of Justice Act 1969 (extended power to order inspection of property etc.) in relation to proceedings brought or likely to be brought for an external restraint order as if those proceedings had been brought or were likely to be brought in the High Court.
Enforcement of registered external orders
26
1
Without prejudice to the foregoing provisions, if an external order is registered in the High Court under article 22 or article 23 of this Order —
a
the High Court shall have, in relation to its enforcement, the same power,
b
proceedings for or with respect to its enforcement may be taken, and
c
proceedings for or with respect to any contravention of such an order (whether before or after such registration) may be taken,
as if the order had originally been made in the High Court.
2
The High Court may, additionally, for the purpose of —
a
assisting the achievement in Northern Ireland of the purposes of an external order, or
b
assisting any receiver or other person directed by any such order to sell or otherwise dispose of the property,
make such orders or do otherwise as seems to it appropriate.
N.H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 3) (England) Order 1995 and shall come into force on 7th August 1995.
2
The provisions of this Order apply for the purpose of ascertaining the achievements in the core subjects of pupils who are in the final year of the third key stage.
3
This Order applies only to maintained schools and grant-maintained special schools (other than those established in hospitals) in England .
Revocation
2
The Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 3) (England) Order 1994 shall be revoked.
Interpretation
3
1
In this Order —
“the associated documents” means the documents published by Her Majesty’s Stationery Office, setting out any levels of attainment, attainment targets and programmes of study in relation to the core subjects, which documents have effect by virtue of the respective section 4(2)(a) and (b) orders for those subjects for the time being in force;
“ AT ” means attainment target;
“the Authority” means the School Curriculum and Assessment Authority established under section 244 of the Education Act 1993;
“the core subjects” means English, mathematics and science;
“external marking agency” means a body nominated by the Authority and approved by the Secretary of State to mark NC tests;
“maintained school” has the meaning assigned to that expression by section 25(1) of the Education Reform Act 1988;
“NC tests” and “NC tasks” mean respectively National Curriculum tests and National Curriculum tasks administered to pupils for the purpose of assessing the level of attainment which they have achieved in any core subject and “NC assessment timetable” means a timetable for the administration of NC tests and NC tasks, being respectively tests, tasks and a timetable laid down in provisions made by the Secretary of State under article 9 which have been published by Her Majesty’s Stationery Office;
“section 4(2)(a) and (b) orders” means orders made under section 4(2)(a) and (b) of the Education Reform Act 1988 specifying attainment targets and programmes of study;
“specified” means specified in relation to the third key stage by a section 4(2)(a) and (b) order;
“summer term” means the third term in a school year (as defined in section 3(6) of the Education Reform Act 1988 ); and
references to the third key stage are, subject to the operation of section 3(4) to (6) of the Education Reform Act 1988, references to the period set out in paragraph (c) of section 3(3) of that Act; and
references to levels of attainment, attainment targets and programmes of study are references to the levels, targets and programmes set out in the associated documents.
2
In this Order unless the context otherwise requires any reference to a numbered article is a reference to the article in this Order so numbered and any reference to a numbered paragraph is a reference to the paragraph so numbered in the article in which the reference appears.
3
Where any average number required to be determined by this Order is not a whole number, it shall be rounded to the nearest whole number, the fraction one half being rounded upwards to the next whole number.
Teacher assessment
4
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed by a teacher in each core subject during the summer term in accordance with the provisions of this article and for a record of the results to be made by that teacher.
2
The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in each AT specified for each core subject which applies to him and, except where article 7(3) applies, in the subject as calculated in accordance with article 6.
3
The pupil shall be assessed and a record of the results made by the teacher not later than two weeks before the end of the summer term.
4
The record of the results shall consist of a statement of each level of attainment achieved by the pupil (whether or not that level is specified in relation to the third key stage by the relevant section 4(2)(a) and (b) order) in relation to every AT mentioned in paragraph (2) and, except where article 7(3) applies, of his level in the subject so calculated.
5
In making an assessment of a pupil pursuant to this article a teacher may take into account the results of any previous assessment of the pupil (whether or not made by that teacher).
NC test and task assessment
5
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed in each core subject in accordance with the provisions of paragraph (2).
2
NC tests or NC tasks or both (as the document in which they are published may require) shall be administered to the pupil in accordance with the provisions of the document at the times specified in the relevant NC assessment timetable and as soon as reasonably practicable thereafter —
a
the pupil’s responses to the NC tests shall be provided to the external marking agency determined by the Authority and notified by them to the headteacher to be marked; and
b
a record of the results of any NC tasks administered to the pupil, consisting of a statement of each level of attainment achieved by the pupil, shall be made.
3
Following the marking of NC tests the external marking agency shall provide to the head teacher a record of the results consisting of a statement of each level of attainment achieved by the pupil.
Determination of attainment by subject: teacher assessment
6
Subject to article 7, a pupil’s level of attainment in each core subject shall be the average of his levels in each AT determined by teacher assessment, save that in the case of mathematics his level in AT2 (number and algebra) shall be weighted by a factor of two.
Pupils not subject to provisions of the National Curriculum
7
1
Article 6 shall have effect in relation to pupils as respects whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs) with the modifications specified in this article.
2
Where in the case of any core subject one AT does not apply to such a pupil article 6 shall have effect as if the number of ATs applying to the pupil were the total number of ATs in the subject.
3
Where more than one AT in a core subject does not apply to such a pupil article 6 shall not apply to him in relation to that subject.
Evaluation of Assessment Arrangements
8
The Authority shall make such arrangements as seem to them appropriate for determining the extent to which the provisions of articles 4 to 7 and their implementation achieve the purpose mentioned in article 1(2).
Supplementary powers of the Secretary of State
9
The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order (other than provisions conferring or imposing functions as mentioned in section 4(5)(a) of the Education Reform Act 1988) as appear to her to be expedient, including in particular provisions as to NC tests and NC tasks for the purpose mentioned in the definition of such tests and tasks in article 3(1) and as to the time when and the manner in which the tests and tasks are to be administered.
Lord Henley
Minister of State,
Department for Education and Employment
1st August 1995


text:
Citation and commencement
1
This Order may be cited as the Portsmouth (Camber Dock) Harbour Revision Order 1995 and shall come into force on 13th April 1995.
Interpretation
2
1
In this Order —
“the Act of 1847 ” means the Harbours, Docks, and Piers Clauses Act 1847 ;
“ the Council ” means the Portsmouth City Council;
“deposited plan” and “deposited sections” mean respectively the plan and sections prepared in duplicate signed by an Assistant Secretary in the Department of Transport and marked “Plan and Sections referred to in the Portsmouth (Camber Dock) Harbour Revision Order 1995” of which one is deposited at the offices of the Department of Transport and one at the offices of the Head of Legal Services of the Council;
“ enactment ” means any enactment whether public general or local and includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“the level of high water ” means the level of mean high-water springs;
“the limits of deviation ” means the limits of deviation shown on the deposited plan;
“ Queen’s Harbour Master ” means the person for the time being appointed to be Queen’s Harbour Master of the Dockyard Port of Portsmouth under the Dockyard Ports Regulation Act 1865 ;
“ tidal work ” means so much of the authorised works as is on, under or over any part of the seashore lying below the level of high water;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“ vessel ” includes every description of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water.
2
All distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance and length.
Incorporation of Act of 1847
3
1
Subject to paragraph (2) below, the Act of 1847 (except sections 6 to 13, 16 to 20, 23, 25 to 27, 31, 48, 49, 50, 67, 79 to 82, 84 to 90, 95, 97 and 98 and so much of the proviso to section 83 as follows the words “the special Act”), so far as the same is applicable for the purposes of and is not inconsistent with, or varied by, the provisions of this Order is hereby incorporated with this Order.
2
In the Act of 1847 as so incorporated —
a
section 15 shall have effect as if, for the words from “shall forfeit” to the end of the section, there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”;
b
section 34 shall have effect as if, after the word “may”, there were inserted the words “(on producing, if so required, a duly authenticated document showing his authority)”;
c
section 63 shall have effect as if the words “and a further sum of twenty shillings for every hour that such vessel shall remain within the limits aforesaid, after a reasonable time for removing the same has expired after such requisition” were omitted; and
d
section 69 shall have effect as if for the words from “shall forfeit” to the end of the section there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
3
In the construction of the Act of 1847 as so incorporated the expression “the special Act” shall mean this Order, and the expression “vessel” shall have the meaning assigned to it by article 2(1) of this Order.
4
a
For the purposes of section 83 of the Act of 1847 as so incorporated, sections 236 to 238 of the Local Government Act 1972 shall apply to this Order as if it were such an enactment as is referred to in the said section 236, and —
i
for the purposes of the said section 236 the confirming authority for byelaws made under the said section 83 shall be the Secretary of State; and
ii
the said section 236 shall have effect as if in subsection (7) thereof after the word “confirm” where it first occurs the words “with or without modification” were inserted.
b
If the Secretary of State, on considering byelaws made by the Council relating to the Camber Dock undertaking and submitted under the said section 236 as having effect in accordance with paragraph (a) above, proposes to make a modification which appears to him to be substantial, then —
i
he shall inform the Council and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification; and
ii
he shall not confirm the byelaws until such period has elasped as he thinks reasonable for the Council and other persons who have been informed of the proposed modification to consider and comment on it.
Power to construct works
4
1
Subject to the provisions of this Order, the Council may, when they have acquired the necessary lands or obtained sufficient interests therein, make and maintain within the limits of deviation, the following works in the City of Portsmouth —
A quay wall on the seaward side of the existing Town Quay Inner Camber Berths 5 to 10 commencing by a junction at the southern end of Berth 5 at a distance of 3 metres from the existing seaward face extending parallel to that face in a northerly direction for 61 metres, then turning easterly and 3 metres off and parallel to the existing seaward face of Berth 6 for a distance of 91 metres, then turning south-easterly 3.5 metres off and parallel to the existing seaward face of Berth 7 for a distance of 55 metres, then turning south-south-easterly 3 metres off and following the existing curved seaward face of Berth 8 for a distance of 69 metres, then turning west-south-westerly 2.5 metres off and parallel to the existing seaward face of Berths 9 and 10 for a distance of 112 metres terminating by a junction with the existing quay face of Lucas Quay.
2
The Council may within the limits of deviation extend, enlarge, alter, replace or relay the authorised works.
3
The Council may authorise any person to carry out the authorised works.
Power to deviate
5
In constructing the authorised works the Council may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards and to such extent downwards as may be found necessary or convenient.
Further powers as to works
6
Subject to the provisions of this Order, the Council may, in connection with the construction of the authorised works, enclose and reclaim from the foreshore and bed of the sea, and may hold and use as part of the Camber Dock undertaking, so much of the foreshore and bed of the sea as is situate within the limits of deviation and is required for, or in connection with, the construction of the authorised works.
Subsidiary works
7
1
Subject to paragraph (2) below and to the other provisions of this Order, the Council may, in connection with the authorised works and within the limits of deviation, construct, erect, lay down, place, maintain, remove, replace, work or use all necessary or convenient bridges, abutments, booms, pontoons, fenders, bollards, ladders, tanks, pumps, conduits, pipes, wires, mains, cables, rails, signals, conveyors, cranes, lifts, hoists, drops, weighbridges, stairs, stages, platforms, catwalks, landing places, dolphins, buoys, moorings, beacons, approaches, buildings, sheds, offices, depots, roads, walls, fences, gates, equipment, machinery and appliances and such other works and apparatus as they think fit.
2
Electrical works or equipment constructed, erected, laid down or placed or maintained, worked or used pursuant to the powers conferred by this article shall be so constructed, erected, laid down or placed, and so maintained, worked or used, that any electricity generated or conveyed by any such works or equipment or used therein or in connection therewith does not cause interference (whether by induction or otherwise) with any telecommunications apparatus or with telecommunication by means of any such apparatus.
Jurisdiction and directions of Harbour Master
8
1
Subject to paragraph (2) below, the limits within which the powers of the Harbour Master of the Council may be exercised under and subject to the provisions of the Act of 1847 as incorporated with this Order and all other powers enabling him in that behalf shall extend —
a
to a distance of 100 metres in every direction from the authorised works; and
b
to so much of the dredged channels provided for access to those works and for accommodation of vessels at those works under article 11 (Power to dredge etc ) of this Order as extended beyond 100 metres from those works.
2
The powers conferred by paragraph (1) above shall be limited to vessels going to, moored at or departing from the authorised works.
3
Section 52 of the Act of 1847 as incorporated with this Order shall extend to empower the Harbour Master of the Council to give directions prohibiting the mooring of vessels in or near to any approach to the authorised works.
4
In the case of conflict between any direction given by the Harbour Master of the Council and any direction given by the Queen’s Harbour Master, the direction given by the Queen’s Harbour Master shall prevail.
Recovery of rates in respect of vessels
9
In addition to the remedy given by section 44 of the Act of 1847 as incorporated with this Order (recovery of rates in respect of a vessel by distraint and sale of the vessel and its tackle), and whether or not the collector of rates has gone on board the vessel and demanded any rates which the master of the vessel has neglected or refused to pay, the Council may recover such rates as a debt in any court of competent jurisdiction.
Harbour Master may prevent sailing of vessels
10
The Harbour Master of the Council may prevent the removal or sailing from the authorised works of any vessel until evidence has been produced to him of the payment of any ship, passenger and goods dues and other charges payable in respect of the vessel or of passengers thereon or of the goods imported or exported therein.
Power to dredge etc
11
1
The Council may with the consent of the Queen’s Harbour Master enter upon and from time to time dredge, scour, deepen and improve the bed, shores and channels of the sea adjoining or near to the authorised works for the purpose of affording uninterrupted means of access thereto or the accommodation of vessels thereat.
2
Without prejudice to the generality of paragraph (1) above, the Council may exercise the powers of that paragraph so as to ensure a depth of 2 metres below Admiralty chart datum in the vicinity of, and in the approaches to, the authorised works.
3
All chalk, gravel, rock and other materials dredged up or removed by the Council in the exercise of the powers of this article shall be the property of the Council; and they may use the same or any part thereof, or they may sell or otherwise dispose of or remove or deposit the same, as they think fit:
Provided that no such materials shall be laid down or deposited in any place below the level of high water —
a
otherwise than in such a position and under such conditions and restrictions as may be specified by the Secretary of State; and
b
without the consent in writing of the Queen’s Harbour Master having been first obtained.
4
The powers of the Council under this article shall be exercisable subject to the provisions of articles 22 (Crown rights) and 23 (Saving rights of Queen’s Harbour Master) of this Order; and, in particular and without prejudice to that general limitation, any consent given to the exercise of such powers by the Crown Estate Commissioners on behalf of Her Majesty may be given subject to such restrictions and conditions (including the payment by the Council to the Crown Estate Commissioners of royalties, rents or sums of money in respect of materials raised from any place below the level of high water and sold by the Council under this article or in respect of any place below the level of high water upon which materials may be deposited) as may be fixed by the Crown Estate Commissioners.
Fine for obstructing works
12
Any person who intentionally obstructs any person acting under the authority of the Council in setting out the lines of the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Tidal works not to be executed without approval of Secretary of State
13
1
A tidal work shall not be constructed, altered, enlarged, replaced, relaid or extended except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, enlarged, replaced, relaid or extended in contravention of this article —
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part thereof and to restore the site thereof to its former condition; and, if on the expiration of thirty days from the date when the notice is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition;
and any expediture incurred by the Secretary of State in so doing shall be recoverable from the Council as a debt in any court of competent jurisdiction.
Provision against danger to navigation
14
1
In case of injury to or destruction or decay of a tidal work or any part thereof the Council shall as soon as reasonably practicable notify Trinity House and the Queen’s Harbour Master and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to notify Trinity House or the Queen’s Harbour Master as required by paragraph (1) above or to comply in any respect with a direction given under that paragraph, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
15
1
Where a tidal work is abandoned or suffered to fall into decay, the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work or any portion thereof in any notice under this article.
3
If on the expiration of thirty days from the date when a notice under this article is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by him in so doing shall be recoverable from the Council as a debt in any court of competent jurisdiction.
Survey of tidal works
16
If the Secretary of State at any time deems it expedient to do so, he may order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Council as a debt in any court of competent jurisdiction.
Permanent lights on tidal works
17
1
After the completion of a tidal work the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under paragraph (1) above, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Lights on tidal works during construction
18
1
The Council shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying or extension thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under paragraph (1) above they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Extension of section 86 of Portsmouth Corporation Act 1959
19
Section 86 (Powers with respect to disposal of wrecks) of the Portsmouth Corporation Act 1959 shall have effect as if the references in subsections (1) and (7) of that section to any approach to the Inner and Outer Camber as extended by the quay works included references to any approach to the authorised works.
Extension of the Portsmouth (Camber Dock and Flathouse Wharf) Harbour Revision Order 1990
20
The Portsmouth (Camber Dock and Flathouse Wharf) Harbour Revision Order 1990 shall have effect as if the references to the undertakings included references to the authorised works.
Protection of Southern Water Services Limited
21
1
The following provisions of this article shall, unless otherwise agreed in writing between the Council and Southern Water Services Limited, have effect for the protection of that company (in this article referered to as “the Water Services Company”).
2
In this article —
“the outfall” means the sewer and outfall situate at the end of East Street and discharging through the existing quay wall, including any alteration, replacement or renewal therof;
“plans”, in relation to any specified work, means plans, drawings, sections and specifications describing the position and manner in which, and the level at which, the work is proposed to be carried out;
“specified work” means so much of the authorised works as is within 15 metres of the outfall.
3
Not less than 56 days before commencing the construction of any specified work the Council shall submit to the Water Services Company for its approval plans for the work and such further particulars as the Water Services Company may, within 14 working days of the submission of the plans, reasonably require.
4
The Water Services Company’s approval of plans submitted under paragraph (3) above shall not be unreasonably withheld; and if within 42 days after the submission of the plans and any further particulars supplied under the said paragraph (3) the Water Services Company has not approved or disapproved them, it shall be deemed to have approved them.
5
The Council shall give to the Water Services Company not less than 14 days' notice of their intention to commence the construction or renewal of a specified work and, except in case of emergency (when they shall give such notice as may be reasonably practicable), of their intention to carry out operations for the maintenance of a specified work.
6
In carrying out any operations for the construction, renewal or maintenance of a specified work the Council shall comply with all reasonable requirements of the Water Services Company of which due notice is given to them, and shall provide new, extended, altered or substituted works for the protection of the outfall in such manner as the Water Services Company shall reasonably require to safeguard the outfall against damage or to secure that the efficiency of the outfall for drainage purposes is not impaired by reason of the specified work.
7
All operations for the provision of new, extended, altered or substituted works in pursuance of paragraph (6) above shall be carried out to the reasonable satisfaction of the Water Services Company and, where so required by the Water Services Company, by or under the supervision (if given) of an officer of the Water Services Company duly appointed for the purpose; and all reasonable costs and expenses to which the Water Services Company may be put by reason of such works (whether in the course of the carrying out of the works, or in the preparation or examination of plans or designs, or in such supervision, or otherwise) shall be payable to the Water Services Company by the Council.
8
When operations for the provision of any such new, extended, altered or substituted works in purusance of paragraph (6) above have been completed, they shall be maintainable by the Water Services Company.
9
If by reason of the carrying out of operations for the construction, renewal or maintenance of a specified work, or the failure of a specified work, the outfall is damaged or the efficiency of the outfall for drainage purposes is impaired, the damage shall be made good by the Council to the reasonable satisfaction of the Water Services Company or, failing that, the Water Services Company may make good the damage and recover from the Council the costs reasonably incurred in so doing.
10
a
The Council shall indemnify the Water Services Company against all claims, demands, costs, expenses, damages or loss which may be made against the Water Services Company as a result of the carrying out of a specified work or which the Water Services Company may incur or which it may sustain in consequence of any damage to, or interference with, the outfall caused by the construction of a specified work, or of the failure or want of maintenance of such a work, or any subsidence caused by the construction of any specified work or any act or omission of the Council, their contractors, agents, workmen or servants, while engaged upon the specified work.
b
The Water Services Company shall give to the Council reasonable notice of any claim or demand, and no settlement or compromise shall be made without the agreement in writing of the Council.
c
Nothing in this paragraph shall impose any liability on the Council with respect to any claim, demand, costs, expenses, damage or loss which is attributable to the act, neglect or default of the Water Services Company or its servants or agents.
11
An officer of the Water Services Company duly appointed for the purpose may at all reasonable times enter upon and inspect any specified work.
12
Any difference arising between the Council and the Water Services Company under this article shall be determined by a single arbitrator to be agreed between the parties or, in default of agreement, to be appointed on the application of either party, after notice in writing to the other, by the President of the Institution of Civil Engineers.
Crown rights
22
Nothing in this Order affects prejudicially any estate, right, power, privilege or exemption of the Crown and, in particular, nothing in this Order authorises the Council to take, use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land, hereditaments, subjects or rights of whatsoever description belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners on behalf of Her Majesty first had and obtained for that purpose.
Saving rights of Queen’s Harbour Master
23
Nothing in this Order shall take away, alter, prejudice or affect the jurisdiction or any rights, powers, authorities or privileges of the Queen’s Harbour Master.
Inquiries by Secretary of State
24
The Secretary of State may cause such inquiries to be held as he may consider necessary for the purposes of the exercise of any of his powers or duties under this Order, and subsections (2) to (5) inclusive of section 250 of the Local Government Act 1972 shall apply to any such inquiry as if it were a local inquiry held in pursuance of subsection (1) of that section.
Signed by authority of the Secretary of State for Transport
J. D. Henes
An Under-Secretary in the
Department of Transport
11th April 1995


text:
Title and commencement
1
These Regulations may be cited as the Fisheries and Aquaculture Structures (Grants) Regulations 1995 and shall come into force on 22nd June 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“application” means an application as described in regulation 3(1) and “applicant” shall be construed accordingly;
“the appropriate Minister” means, in relation to relevant operations in England, the Minister of Agriculture, Fisheries and Food and, in relation to relevant operations in Scotland, Wales or Northern Ireland, the Secretary of State;
“authorised officer” means an officer authorised in writing by the appropriate Minister for the purposes of these Regulations and includes any duly appointed official of the Commission who accompanies such an authorised officer;
“the Commission” means the Commission of the European Communities;
“the Commission Notice ” means Commission Notice 94/C180 laying down guidelines for global grants or integrated operational programmes for which Member States are invited to submit applications for assistance within the framework of a Community initiative (the Pesca initiative) concerning the restructuring of the fisheries sector ;
“Community aid” means aid available from the Financial Instrument for Fisheries Guidance and payable in accordance with the Community Acts ;
“the Community Acts” means —
Council Regulation ( EEC ) No. 2052/88 on the tasks of the Structural Funds and their effectiveness and on co-ordination of their activities between themselves and with the operations of the European Investment Bank and other existing financial instruments as amended ;
Council Regulation (EEC) No. 4253/88 laying down provisions for implementing Regulation (EEC) No.2052/88 as amended ;
Council Regulation (EEC) No. 2080/93 laying down provisions for implementing Council Regulation (EEC) No. 2052/88 as regards the Financial Instrument for Fisheries Guidance ;
the Council Regulation ;
the Commission Notice;
Commission Decision 94/638/ EC on the adoption of the single programming document for Community structural assistance in the Highlands and Islands Enterprise area concerned by Objective 1 in the United Kingdom ; and
Commission Decision 94/935/EC on the adoption of the Community programme for structural assistance in the fisheries and aquaculture sector and the processing and marketing of its products in the United Kingdom ;
“the control period”, in relation to a relevant operation, means a period of three years commencing with the last payment of financial assistance in respect of that operation;
“the Council Regulation” means Council Regulation (EC) No. 3699/93 laying down the criteria and arrangements regarding Community structural financial assistance in the fisheries and aquaculture sector and the processing and marketing of its products ;
“eligible expenditure” has the meaning assigned to it in regulation 3(2);
“financial assistance” means any amount by way of grant or Community aid;
“grant” means a fisheries and aquaculture structures grant under these Regulations;
“relevant conditions” means any conditions relating to an approval of an application which have been notified to the applicant under regulation 5(2)(b);
“relevant documents” has the meaning assigned to it in regulation 10;
“relevant operation” means —
an investment or project in Great Britain in respect of which Community aid is claimed or paid in respect of —
aquaculture (Article 11(1) of the Council Regulation);
the construction of protected underwater areas with a view to the development of coastal waters (Article 11(1) of the Council Regulation);
improvement of fishing port facilities (Article 11(1) of the Council Regulation);
processing and marketing of fisheries and aquaculture products (Article 11(1) of the Council Regulation);
promotion of fisheries and aquaculture products (Article 12 of the Council Regulation);
any measure falling within Part IV of the Commission Notice;
an investment or project in the United Kingdom in respect of which Community aid is claimed or paid in respect of the modernisation of fishing vessels as follows —
any investments or projects where modernisation of the vessel takes the form of the acquisition, installation, modification, renewal or replacement of any equipment required for, or installed or used on or in, the vessel (excluding engines or other machinery for propelling the vessel or any items of a structural nature) for the purpose of obtaining for that vessel a fishing vessel certificate under the provisions of the Fishing Vessels (Safety Provisions) Rules 1975 ;
as regards investments or projects where modernisation does not fall within paragraph (i) above modernisation measures in that part of Scotland known as the Highlands and Islands Enterprise area which fall within the single programming document for Community structural assistance approved by Commission Decision 94/638/EC
(Article 10(2) of the Council Regulation).
2
Other expressions used in these Regulations have, insofar as the context admits, the same meanings as in the Community Acts.
3
Any reference in these Regulations to a numbered regulation shall, unless the context otherwise requires, be construed as a reference to the regulation bearing that number in these Regulations.
Fisheries and aquaculture structures grants
3
1
Any person who proposes to undertake a relevant operation which is eligible for Community aid may make an application to the appropriate Minister in accordance with regulation 4 for approval under regulation 5 of —
a
that operation, and
b
expenditure incurred in connection with that operation,
with a view to obtaining financial assistance towards such expenditure in accordance with the Community Acts and these Regulations.
2
Subject to the provisions of these Regulations the appropriate Minister may make to an applicant whose application he has so approved a grant towards such expenditure as he has approved as eligible for the receipt of Community aid (in these Regulations referred to as “eligible expenditure”).
3
The amount of any such grant shall be in accordance with regulation 7.
Applications
4
1
Applications shall be made in such form and manner and at such time, shall include such information and shall be delivered at such address as the appropriate Minister may from time to time require.
2
Applicants shall furnish all such further information relating to the application as the appropriate Minister may require.
Approval of applications
5
1
Subject to the Community Acts and the provisions of these Regulations, the appropriate Minister as he thinks fit —
a
may refuse to approve an application or approve it in whole or in part for the purposes of financial assistance;
b
may cause any such approval to be given, and any payments by way of financial assistance to be made, subject to conditions;
c
may amend such conditions with the applicant’s written consent.
2
The appropriate Minister shall in writing —
a
notify applicants for the result of their applications;
b
notify applicants whose applications he has approved under this regulation of any conditions, relating to such approvals, which he has determined or amended under paragraph (1) above.
Eligibility for payment of financial assistance
6
1
Subject to paragraph (2) below and regulation 14, an applicant whose application has been approved under regulation 5 shall be eligible for payment of grant in accordance with regulation 7.
2
No financial assistance shall be paid in respect of an approved application unless the appropriate Minister has been supplied with —
a
evidence that the amount of expenditure for which financial assistance is claimed has been incurred including details of any discount received by the applicant; and
b
evidence that the relevant operation to which the application relates has been properly executed.
Amount of grant
7
1
Subject to paragraphs (2) and (3) below, the amount of grant which an applicant who is eligible for payment of grant under paragraph 6 shall be paid shall be at least five per cent of the eligible expenditure in respect of the application.
2
Where any other grant is payable under United Kingdom public funds in relation to the eligible expenditure, the amount of grant shall be such sum which, when added to that grant, equals at least five per cent of such expenditure.
3
No grant shall be payable in respect of —
a
any application made by the Sea Fish Industry Authority for approval of an investment or project for the promotion of fisheries products;
b
any application for approval of an investment or project in that part of Scotland known as the Highlands and Islands Enterprise area falling within paragraph (b)(ii) of the definition of relevant operation provided in regulation 2(1).
Method of payment of financial assistance
8
Payments by way of financial assistance may be made at such time, or by such instalments at such intervals or times, as the appropriate Minister may determine.
Undertakings
9
Any person whose application has been approved under regulation 5 may be required by the appropriate Minister to give such undertakings as that Minister may consider appropriate to the case.
Records
10
Any person whose application has been approved under regulation 5 shall keep a record of expenditure incurred in connection with the relevant operation to which the approved application relates and during the carrying out of the relevant operation, on completion of the relevant operation and thereafter for the duration of the control period shall retain such record and any invoice, account or other document which relates to the relevant operation (in these Regulations together referred to as “relevant documents”) except to the extent that an authorised officer has required the production of, or has removed, any such record or document under regulation 12(5).
Assistance to authorised officers
11
Any applicant or any employee, servant or agent of any applicant shall give to an authorised officer such assistance as he may reasonably request to exercise any power conferred upon him by regulation 12.
Powers of authorised officers
12
1
An authorised officer may at all reasonable hours and on producing, if required to do so, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purpose of ascertaining whether and to what extent in respect of any application —
a
the relevant operation to which the application relates should be approved;
b
any expenditure in respect of which financial assistance is claimed should be approved;
c
any relevant conditions and any undertakings given by the applicant have been complied with;
d
any amount of financial assistance should be reduced, withheld or recovered under regulation 14;
e
an offence under regulation 15 has been or is being committed.
2
An authorised officer may enter upon any premises, other than premises used only as a dwelling, which are, or which such officer has reasonable cause to believe are, relevant premises.
3
Any authorised officer who has entered any premises in accordance with paragraph (2) above may inspect those premises, any equipment which is, or which such officer has reasonable cause to believe is, relevant equipment and any documents on those premises which are, or which such officer has reasonable cause to believe are, relevant documents.
4
An authorised officer entering any premises by virtue of this regulation may take with him such other person as he considers necessary.
5
An authorised officer may —
a
require an applicant or an employee, servant or agent of an applicant to produce any relevant documents and to supply such additional information in that person’s possession or under his control relating to the relevant operation as the officer may reasonably request;
b
inspect any such documents and, where any such documents are kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with those documents;
c
require that copies of, or extracts from, any relevant documents be produced;
d
remove and retain for a reasonable period any such relevant document which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away and in which it is visible and legible.
6
In this regulation —
“premises” includes any vessel or other vehicle;
“relevant equipment” means any plant, machinery or other equipment for which financial assistance has been claimed or paid;
“relevant premises” means any premises to which a relevant operation relates or in which relevant documents or relevant equipment are retained.
Protection of officers
13
Any authorised officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by virtue of regulation 12 if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Reduction, withholding and recovery of financial assistance
14
If at any time after the appropriate Minister has approved an applicaion in respect of a relevant operation it appears to him that any of the relevant conditions have not been complied with and in particular (without prejudice to the generality of such conditions) that —
a
the application or any part of it was not an application which the applicant was eligible to make;
b
the applicant or an employee, servant or agent of an applicant —
i
has failed to comply with a requirement imposed by regulation 10 or under regulation 11 or 12(5);
ii
has intentionally obstructed any officer in the exercise of his powers under regulation 12; or
iii
has given information on any matter relevant to the giving of the approval or the making of a payment relevant to the approval which is false or misleading in a material respect;
c
the operation was commenced before the date on which the appropriate Minister gave written permission to do so;
d
the operation in respect of which the expenditure was incurred has not been carried out or has not been properly carried out;
e
the operation has been or is being unreasonably delayed beyond the time limits set out in the notification of approval or is unlikely to be completed;
f
any undertakings given by the applicant have not been complied with; or
g
the Commission has decided to reduce, suspend or discontinue Community aid ,
he may revoke the approval of such application in whole or in part or may reduce or withhold any financial assistance in respect of the operation and, where payment by way of financial assistance has been made, may on demand recover, as a civil debt or, in Scotland, as a debt, an amount equal to the whole or any part of the payment which has been so made.
Offences and penalties
15
1
If any person, for the purposes of obtaining financial assistance for himself or any other person —
a
in furnishing any information in purported compliance with a requirement imposed by or under regulation 4(1) or (2) or 12(5)(a) knowingly or recklessly makes a statement which is false or misleading in a material particular; or
b
in purported compliance with a requirement imposed under regulation 12(5)(a) or (c) knowingly or recklessly produces a document which is false or misleading in a material particular,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
If any person —
a
fails to comply with the requirement imposed by regulation 10; or
b
fails to comply with a request made under regulation 11; or
c
intentionally refuses to supply any information, make any return, or produce any document when required to do so by, or otherwise intentionally obstructs, an authorised officer (or a person accompanying him and acting on his instructions) acting in exercise of a power conferred by regulation 12,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
Proceedings for an offence under paragraph (1) or (2) above may, subject to paragraph (4) below, be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
4
No such proceedings shall be commenced by virtue of this regulation more than five years after the commission of the offence.
5
For the purposes of this regulation —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence sufficient of that fact;
b
a certificate stating that matter purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
6
In relation to proceedings in Scotland, subsection (3) of section 331 of the Criminal Procedure (Scotland) Act 1975 (date of commencement and proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
7
Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
8
Where the affairs of a body corporate are managed by its members, paragraph (7) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
9
In paragraphs (7) and (8) above references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director or other officer of a body corporate is a reference to a partner.
Prosecutions
16
Proceedings for an offence under regulation 15 shall not, in England and Wales or Northern Ireland, be instituted except by the appropriate Minister.
Michael Jack
Minister of State, Ministry of Agriculture, Fisheries and Food
20th June 1995
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
20th June 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for the Middlesex Hospital (Transfer of Trust Property) Order 1995 and shall come into force on 17th May 1995.
2
In this Order —
“the Authority” means the Camden and Islington Health Authority;
“the special trustees” means the special trustees for the Middlesex Hospital;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the special trustees on 17thOctober 1994, which schedule has been signed on behalf of both the Authority and the special trustees.
Transfer of trust property
2
On 17th May 1995 the trust property shall be transferred from the Authority to the special trustees.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
19th April 1995


text:
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 1995 and shall come into force on 31st March 1995.
2
1
The Road Vehicles (Construction and Use) (Amendment) Regulations 1995 shall be amended as follows.
2
For paragraph (2) of regulation 3 there shall be substituted the following paragraph —
2
In paragraph (1), the words “except sub-paragraph (b)(ii)” shall be omitted, for the words “the trailer” there shall be substituted the words “a trailer” and after the words “1983 or” in the proviso there shall be inserted the word “which”.
.
Signed by authority of the Secretary of State
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
13th March 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Art) (England) Order 1995 and shall come into force on 1st August 1995.
2
In this Order “the Document” means the Document published by Her Majesty’s Stationery Office in January 1995 entitled “Art in the National Curriculum (England)” .
3
This Order applies to pupils at maintained schools and grant-maintained special schools (other than those established in a hospital) in England only.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Art) (England) Order 1992 is revoked.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to art.
4
The examples printed in italics in the Document (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.
Gillian Shephard
Secretary of State for Education
10th January 1995