text:
Citation, commencement and effect
1
These Regulations may be cited as the Income Tax (Gilt-edged Securities) (Gross Payments of Interest) Regulations 1995, shall come into force on 23rd November 1995, and shall have effect with respect to any payment of interest on gilt-edged securities which is made on or after 2nd January 1996.
Interpretation
2
In these Regulations unless the context otherwise requires —
“approved CGO member” means a CGO member who is approved by the Board to receive interest on gilt-edged securities without deduction of income tax;
“arrangements” means arrangements under which gilt-edged securities of an eligible person are held;
“the Board” means the Commissioners of Inland Revenue;
“business establishment”, in relation to a person having a business establishment in the United Kingdom, means premises which are, or are intended to be, occupied and used with a reasonable degree of permanence;
“CGO” means the Central Gilts Office of the Bank of England;
“CGO member” means a person who has been admitted to membership of the CGO by the Bank of England;
“the Crown Agents” has the meaning given by section 1(2) of the Crown Agents Act 1979 ;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a State, other than the United Kingdom, which is a Contracting Party to the EEA Agreement;
“eligible person” shall be construed in accordance with subsection (2) of section 51A;
“intermediary” means any person through whom an instruction is passed to a CGO member or another intermediary in connection with the holding of gilt-edged securities of an eligible person;
“notice” means notice in writing;
“recognised intermediary” has the meaning given by regulation 6(2);
“section 51A” means section 51A of the Taxes Act ;
“STAR account” means an account designated by the CGO for the holding of gilt-edged securities of an eligible person;
“Taxes Act” means the Income and Corporation Taxes Act 1988 .
Conditions relating to arrangements for the holding of gilt-edged securities — general
3
For the purposes of subsection (3)(a) of section 51A, the conditions that are to be satisfied in relation to arrangements for the holding of any gilt-edged securities are those specified in regulations 4 to 6.
Condition relating to accounts in which gilt-edged securities are held
4
The condition specified in this regulation is that gilt-edged securities are held under the arrangements in a STAR account.
Condition relating to holder of gilt-edged securities
5
1
The condition specified in this regulation is that gilt-edged securities are held under the arrangements by a person who —
a
is a CGO member, and
b
is approved by the Board to receive interest on those securities without deduction of income tax.
2
An application for approval under paragraph (1) above shall be made in writing to the Board.
3
On receipt of an application under paragraph (2) above, the Board may by notice require the applicant to furnish them with such information as they may reasonably require to enable them to decide whether to give or refuse approval.
4
The Board shall approve a CGO member under paragraph (1) above if they are satisfied that —
a
he will comply with his obligations as a CGO member under the arrangements and these Regulations, and
b
in the case of a person resident outside the United Kingdom who does not have a business establishment in the United Kingdom by means of which his functions as a CGO member under the arrangements are wholly or mainly carried out, the requirements specified in regulation 7 are fulfilled by him.
5
The Board may, by notice to the applicant, refuse approval where they have reason to believe that —
a
the applicant is not a CGO member, or
b
the applicant will not comply with his obligations as a CGO member under the arrangements or these Regulations, or
c
in the case of an applicant falling within paragraph (4)(b) above, the requirements specified in regulation 7 are not fulfilled by him.
6
The Board may, by notice to the CGO member concerned, withdraw approval where they have reason to believe that —
a
he is not, or has ceased to be, a CGO member, or
b
he has not complied, or will not comply, with his obligations as a CGO member under the arrangements or these Regulations, or
c
in the case of a CGO member falling within paragraph (4)(b) above, the requirements specified in regulation 7 are not fulfilled by him.
7
A CGO member may appeal against a notice under paragraph (5) above refusing approval, or a notice under paragraph (6) above withdrawing approval, by notice to the Board within 30 days after the date of issue of the notice of refusal or withdrawal.
8
The appeal shall be to the Special Commissioners who shall confirm the notice of refusal or withdrawal unless they are satisfied that it ought to be quashed.
Condition relating to intermediaries
6
1
The condition specified in this regulation is that an intermediary is a recognised intermediary.
2
A recognised intermediary is an intermediary who either —
a
falls within the description of intermediary specified in paragraph (3) below, or
b
is for the time being approved by the Board as a recognised intermediary.
3
The description of intermediary specified in this paragraph is of an intermediary who —
a
is resident in the United Kingdom or an EEA State,
b
falls within any of the categories specified in paragraph (4) below, and
c
is for the time being registered with the Board in accordance with paragraph (5) below.
4
The categories specified in this paragraph are —
a
the Bank of England;
b
any bank or other institution authorised under the Banking Act 1987 ;
c
a European authorised institution within the meaning of the Banking Co-ordination (Second Council Directive) Regulations 1992 ;
d
the European Investment Bank;
e
a central bank of an EEA State;
f
a building society within the meaning of the Building Societies Act 1986 ;
g
an investment firm within the meaning of Article 1(2) of Council Directive 93/22/ EEC dated 10th May 1993 on investment services in the securities field which is authorised in accordance with that Directive;
h
a member of the Securities and Futures Authority;
i
a member of a recognised stock exchange situated in the United Kingdom or in an EEA State;
j
the Crown Agents and the Crown Agents Financial Services Limited.
5
An intermediary registers with the Board for the purposes of paragraph (3)(c) above by providing the following information to the Board —
a
the full name and address of the intermediary;
b
the category specified in paragraph (4) above in which the intermediary falls;
c
in the case of an intermediary resident outside the United Kingdom who does not have a business establishment in the United Kingdom by means of which his functions as an intermediary under the arrangements are wholly or mainly carried out, details of the arrangements instituted by that person pursuant to regulation 7.
6
An application for approval as a recognised intermediary under paragraph (2)(b) above shall be made in writing to the Board.
7
On receipt of an application under paragraph (6) above, the Board may by notice require the applicant to furnish them with such information as they may reasonably require to enable them to decide whether to give or refuse approval.
8
The Board shall approve an intermediary as a recognised intermediary if they are satisfied that —
a
he will comply with his obligations as a recognised intermediary under the arrangements and these Regulations, and
b
in the case of an intermediary resident outside the United Kingdom who does not have a business establishment in the United Kingdom by means of which his functions as an intermediary under the arrangements are wholly or mainly carried out, the requirements specified in regulation 7 are fulfilled by him.
9
The Board may, by notice to an intermediary registering with the Board under paragraph (5) above, cancel the registration where they have reason to believe that —
a
that person does not fall within the description of intermediary specified in paragraph (3)(a) or (b) above, or
b
he has not complied, or will not comply, with his obligations as a recognised intermediary under the arrangements or these Regulations, or
c
in the case of an intermediary falling within sub-paragraph (c) of paragraph (5) above, the requirements specified in regulation 7 are not fulfilled by him.
10
The Board may, by notice to the applicant, refuse approval under paragraph (2)(b) above where they have reason to believe that —
a
the applicant will not comply with his obligations as a recognised intermediary under the arrangements and these Regulations, or
b
in the case of an applicant who is an intermediary falling within paragraph (8)(b) above, the requirements specified in regulation 7 are not fulfilled by him.
11
The Board may, by notice to the intermediary concerned, withdraw approval given under paragraph (2)(b) above where they have reason to believe that —
a
he has not complied, or will not comply, with his obligations as a recognised intermediary under the arrangements or these Regulations, or
b
in the case of an intermediary falling within paragraph (8)(b) above, the requirements specified in regulation 7 are not fulfilled by him.
12
An intermediary may appeal against a notice under paragraph (9), (10) or (11) above by notice to the Board within 30 days after the date of issue of the notice cancelling the registration or, as the case may be, refusing or withdrawing approval.
13
The appeal shall be to the Special Commissioners who shall confirm the notice appealed against unless they are satisfied that it ought to be quashed.
14
The Board shall maintain, and publish in such manner as they consider appropriate, a list of recognised intermediaries registered with, or approved by, them in accordance with this regulation for the use of eligible persons, CGO members and other recognised intermediaries.
Requirements relating to approval and registration of a non-resident under regulations 5 and 6
7
1
The requirements referred to in regulation 5(4)(b), (5)(c) and (6)(c), and regulation 6(8)(b), (9)(c), (10)(b) and (11)(b) are that the non-resident CGO member or, as the case may be, the non-resident intermediary either —
a
appoints a person who falls within paragraph (2) below to be responsible for securing the discharge of the obligations which fall to be discharged by the member or the intermediary under the arrangements, or
b
agrees other arrangements with the Board designed to secure the discharge of those obligations.
2
A person falls within this paragraph if —
a
he is an individual resident in the United Kingdom, or
b
he is not an individual and has a business establishment in the United Kingdom, or
c
he is a partner whose firm has a business establishment in the United Kingdom.
3
The appointment of a person under paragraph (1)(a) above shall not have effect unless and until notice of the appointment is given by the CGO member or intermediary to the Board.
4
A person appointed under paragraph (1)(a) above —
a
shall be entitled to act on behalf of the CGO member or intermediary concerned in respect of any of his functions or obligations under the arrangements,
b
shall secure the CGO member’s or intermediary’s compliance with and discharge of any obligations of the member or intermediary under the arrangements, and
c
shall be personally liable in respect of any failure of the CGO member or intermediary to comply with or discharge any of his obligations under the arrangements as if the obligations imposed on the member or intermediary were imposed jointly and severally on the member or intermediary and the person appointed.
5
The Board may, by notice to the person appointed and the CGO member or intermediary, determine that the appointment shall be treated as not having fulfilled the requirements specified in paragraph (1) above where they have reason to believe that the person appointed either —
a
has failed to secure compliance with the obligations of the member or intermediary under the arrangements, or
b
does not have adequate resources to secure compliance with those obligations or to meet liabilities under the arrangements.
Declarations by eligible persons
8
1
For the purposes of subsection (3)(b) of section 51A, an eligible person other than —
a
an approved CGO member, or
b
a recognised intermediary who gives an instruction in accordance with regulation 10(2)(b)(ii),
shall provide a declaration, in a form provided or authorised by the Board, to a CGO member or recognised intermediary containing the information and the undertaking specified in paragraph (2) below.
2
The declaration shall contain —
a
the full name of the eligible person by whom the declaration is made;
b
the address of the principal place of business of the eligible person or, in the case of an eligible person which is a company resident in the United Kingdom, the address of the registered office;
c
the name of the CGO member or recognised intermediary to whom the declaration is provided;
d
a statement that the gilt-edged securities of the declarant are gilt-edged securities of an eligible person within the meaning of subsection (2) of section 51A;
e
an undertaking by the eligible person that he will notify the CGO member or the recognised intermediary to whom the declaration is provided of any gilt-edged securities which are or have at any time since the making of the declaration been owned by him to which the declaration does not apply or has ceased to apply;
f
a statement that the information contained in the declaration is correct to the best of the eligible person’s knowledge and belief.
3
The declaration shall be signed and dated —
a
by the eligible person, or
b
by an officer or employee of the eligible person authorised for that purpose by the eligible person, stating the capacity in which he signs.
Requirements in relation to functions of approved CGO members
9
1
An approved CGO member shall not be entitled to place gilt-edged securities in a STAR account unless the requirement specified in paragraph (2) below is satisfied or, as the case may be, the requirements specified in paragraph (3) or (4) below are satisfied.
2
The requirement specified in this paragraph is that the gilt-edged securities are the securities of the CGO member in his capacity as an eligible person.
3
The requirements specified in this paragraph are that —
a
the gilt-edged securities are securities in respect of which the CGO member has obtained a declaration completed in accordance with regulation 8,
b
the CGO member has no reason to believe, by reference to information in his possession, that the declaration is, or has become, incorrect, or that it does not apply to the gilt-edged securities concerned, and
c
the eligible person by whom the declaration is made is the person to whom, or on whose direction, interest arising on the gilt-edged securities concerned is to be paid.
4
The requirements specified in this paragraph are that —
a
the gilt-edged securities are securities in respect of which the CGO member has received an instruction from an intermediary which is given in accordance with regulation 10(5) and contains all the information required by that regulation,
b
the intermediary from whom the instruction is received is, by reference to the list referred to in regulation 6(14), a recognised intermediary, and
c
the CGO member has no reason to believe, by reference to information in his possession, that the gilt-edged securities concerned should not be held in the STAR account.
Requirements in relation to functions of recognised intermediaries
10
1
A recognised intermediary shall not be entitled to arrange for gilt-edged securities to be placed in a STAR account unless the requirements specified in paragraph (2), (3) or (4) below (as the case may be) are satisfied.
2
The requirements specified in this paragraph are that —
a
the gilt-edged securities are the securities of the recognised intermediary in his capacity as an eligible person, and
b
the recognised intermediary either —
i
provides a declaration in accordance with regulation 8, or
ii
gives an instruction to an approved CGO member or to another recognised intermediary in accordance with paragraph (5) below.
3
The requirements specified in this paragraph are that —
a
the gilt-edged securities are securities in respect of which the recognised intermediary has obtained a declaration completed in accordance with regulation 8,
b
the recognised intermediary has no reason to believe, by reference to information in his possession, that the declaration is, or has become, incorrect, or that it does not apply to the gilt-edged securities concerned,
c
the eligible person by whom the declaration is made is the person to whom, or on whose direction, interest arising on the gilt-edged securities concerned is to be paid, and
d
the recognised intermediary in receipt of the declaration gives an instruction to an approved CGO member or to another recognised intermediary (as the case may be) in accordance with paragraph (5) below.
4
The requirements specified in this paragraph are that —
a
the gilt-edged securities are securities in respect of which the recognised intermediary has received an instruction from another recognised intermediary which is given in accordance with paragraph (5) below and contains all the information required by that paragraph,
b
the recognised intermediary in receipt of the instruction has no reason to believe, by reference to information in his possession, that the gilt-edged securities concerned should not be placed in a STAR account, and
c
the recognised intermediary in receipt of the instruction in turn gives an instruction to an approved CGO member or to another recognised intermediary (as the case may be) in accordance with paragraph (5) below.
5
An instruction given pursuant to this regulation shall contain the following information —
a
identification of the recognised intermediary by whom it is given,
b
identification of the approved CGO member or recognised intermediary to whom the instruction is given,
c
either —
i
details of the gilt-edged securities to which the instruction relates, or
ii
details specifying or otherwise describing the contracts or arrangements under which the gilt-edged securities will be received for the recognised intermediary giving the instruction,
d
an instruction to the recipient to arrange for those gilt-edged securities to be placed in a STAR account, and
e
the date of the instruction.
Requirements in relation to the removal of gilt-edged securities from a STAR account
11
1
In any of the circumstances specified in paragraph (2) below and subject to paragraph (3) below, an approved CGO member or a recognised intermediary shall make arrangements for the immediate removal of the gilt-edged securities concerned from a STAR account in which the securities were placed by the CGO member, or arranged to be placed by the recognised intermediary.
2
The circumstances specified are where —
a
gilt-edged securities of the CGO member or the intermediary in his capacity as an eligible person are transferred to another person;
b
after the CGO member has placed, or the intermediary has arranged to place, gilt-edged securities in the STAR account in response to a declaration, the CGO member or the intermediary receives a notification from the maker of the declaration pursuant to the undertaking contained in the declaration;
c
after the CGO member has placed, or the intermediary has arranged to place, gilt-edged securities in the STAR account in response to an instruction received from a recognised intermediary, it comes to the attention of the CGO member or the intermediary that another recognised intermediary has been appointed to act in relation to those gilt-edged securities, or an intermediary has been appointed so to act who is not a recognised intermediary;
d
the CGO member or the intermediary receives a notice issued by the Board in accordance with paragraph (4) below requiring the CGO member to remove, or the intermediary to arrange to remove, gilt-edged securities held in a STAR account by the CGO member or on the instruction of the intermediary for a person specified in the notice;
e
the CGO member or the intermediary has reason to believe, by reference to information in his possession, that any gilt-edged securities should not be held in the STAR account.
3
The obligation under paragraph (1) above to remove gilt-edged securities from a STAR account shall not apply in any case where —
a
the CGO member or the intermediary holds or receives a declaration from another eligible person, or an instruction from a recognised intermediary in accordance with regulation 10(5), relating to those securities, or
b
the securities are acquired by the CGO member or the intermediary in his capacity as an eligible person.
4
A notice issued by the Board as mentioned in paragraph (2)(d) above —
a
shall specify the name of the person for whom the CGO member or the intermediary has acted;
b
may stipulate that the CGO member shall not place, or the intermediary arrange to place, any other gilt-edged securities in a STAR account in reliance upon a declaration given by the person specified in the notice;
c
may be revoked by the Board by notice to the CGO member or intermediary to whom it was issued.
Information to be provided to the Board
12
1
The Board may by notice require any person who is or has at any time been an approved CGO member or a recognised intermediary to furnish them, within such time (not being less than fourteen days) as may be provided in the notice, such information (including copies of or extracts from any books documents or other records) as they may reasonably require for the purpose of satisfying themselves that the requirements of these Regulations have been complied with by that person.
2
The Board may by notice require a person who has made a declaration in accordance with regulation 8 to furnish them, within such time (not being less than fourteen days) as may be provided in the notice, such information (including copies of or extracts from any books, documents or other records) as they may reasonably require for the purpose of verifying the information contained in the declaration.
Inspection of records by officer of the Board
13
1
The Board may by notice require any person who is or has at any time been an approved CGO member or a recognised intermediary, within such time (not being less than fourteen days) as may be provided in the notice, to make available for inspection by an officer of the Board authorised for that purpose all such books, documents and other records in his possession or under his control as they may reasonably require for the purpose of satisfying themselves that the requirements of these Regulations have been complied with by —
a
the CGO member or intermediary to whom the notice is issued, or
b
another approved CGO member or recognised intermediary, or
c
a person who has made a declaration in accordance with regulation 8.
2
Where records are maintained by computer the person required to make them available for inspection shall provide the officer making the inspection with all the facilities necessary for obtaining information from them.
Keeping of records
14
An approved CGO member or a recognised intermediary shall at all times keep sufficient records to enable the Board to satisfy themselves, on inspection of those records, that the requirements of these Regulations have been complied with by him.
Retention of documents
15
1
An approved CGO member or a recognised intermediary shall retain, for the period specified in paragraph (2) below —
a
any declaration or instruction obtained by him pursuant to these Regulations on the basis of which gilt-edged securities were placed, or arranged to be placed, by him in a STAR account;
b
any document containing details of any contract or arrangements referred to in any such instruction by virtue of which the gilt-edged securities to which the instruction relates were received for the recognised intermediary giving the instruction.
2
The period specified —
a
in the case of a CGO member, is the period which commences on the date on which the securities were placed in the STAR account and ends on —
i
the date which is two years after the securities cease to be held in that account in reliance upon the declaration or instruction concerned (whether or not the CGO member ceases to act in that capacity before the end of the period), or
ii
such earlier date as is agreed between the Board and the CGO member;
b
in the case of a recognised intermediary, is the period which commences on the date on which he gave an instruction for securities to be placed in the STAR account and ends on —
i
the date which is two years aftear the securities cease to be held in that account in reliance upon the declaration or instruction concerned (whether or not the intermediary ceases to act in that capacity before the end of the period), or
ii
such earlier date as is agreed between the Board and the intermediary.
Simon Burns
David Willetts
Two of the Lords Commissioners of Her Majesty’s Treasury
15th November 1995


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Electricity (Class Exemptions from the Requirement for a Licence) (No. 2) Order 1995 and shall come into force on 30th March 1995.
Interpretation
2
1
In this Order —
“ the Act ” means the Electricity Act 1989;
“declared net capacity” in relation to a generating station has the meaning given to that expression in Schedule 1;
“offshore installation” has the same meaning as in the Mineral Workings (Offshore Installations) Act 1971 ;
“ordinary share capital” has the same meaning as in section 832(1) of the Income and Corporation Taxes Act 1988 ;
“parent undertaking” shall be construed in accordance with section 258 of the Companies Act 1985 ;
“the pooling and settlement agreement” means the pooling and settlement agreement to which a person generating or supplying electricity may be required to become a party by the licence (if any) granted to him under section 6 of the Act;
“road” has the same meaning as in section 192(1) of the Road Traffic Act 1988 ; and
“successor company” has the same meaning as in Part II of the Act.
2
For the purposes of this Order —
a
one body corporate shall be treated as associated with another if —
i
one of them is a subsidiary of the other; or
ii
both of them are subsidiaries of the same holding company;
and “holding company” and “subsidiary” shall have the same meaning as in section 736 of the Companies Act 1985 ;
b
one body corporate shall be treated as related to another if —
i
one of them is a 75 per cent. subsidiary of the other; or
ii
both of them are 75 per cent. subsidiaries of a third body corporate;
and “75 per cent. subsidiary” shall be construed in accordance with section 838 of the Income and Corporation Taxes Act 1988;
c
one body corporate shall be treated as connected to another if —
i
50 per cent. or more of the ordinary share capital of one of them is owned directly or indirectly by the other; or
ii
50 per cent. or more of the ordinary share capital of each of them is owned directly or indirectly by a third body corporate,
and for the purpose of determining whether 50 per cent. or more of the ordinary share capital of a body corporate is owned directly or indirectly by another body corporate the provisions of subsections (2) to (10) of section 838 of the Income and Corporation Taxes Act 1988 shall apply in relation to this sub-paragraph as they apply in relation to subsection (1) of that section; and
d
a person shall be treated as generating electricity at any time if he is the operator of plant or equipment which at that time —
i
is generating or capable of generating electricity; or
ii
is not capable of generating electricity only by reason of the repair or testing of the plant or equipment.
Exemptions from section 4 of the Act
3
1
Subject to the provisions of paragraph (3) and articles 4 and 5 below, exemption is granted —
a
from section 4(1)(a) of the Act to persons of the classes specified in Schedule 2; and
b
from section 4(1)(c) of the Act to persons of the classes specified in Schedule 3.
2
A person shall be treated as falling within any class specified in Schedule 2 or Schedule 3 notwithstanding that he generates electricity or, as the case may be, supplies electricity to premises in circumstances other than those specified in the description of that class if the generation or, as the case may be, the supply of electricity in those circumstances would, if taken on its own, be such that —
a
that person would fall within another class in Schedule 2 or, as the case may be, Schedule 3; and
b
the exemption granted to persons of that other class had not ceased to be in force.
3
No person shall be regarded as falling within any of the classes specified in Schedule 2 for as long as he is the holder of a licence under section 6(1)(a) of the Act, or within any of the classes specified in Schedule 3 for as long as he is the holder of a licence under, as the case may be, section 6(1)(c) or (2) of the Act.
Conditions on exemptions
4
1
The exemptions granted by this Order are subject to compliance with the conditions specified in paragraphs (2) to (4) below.
2
Any person who falls within Class C in Schedule 2 shall have notified the Director before 1st July 1990 of —
a
his name and address;
b
the location of each generating station at which he generated electricity on 31st March 1990; and
c
the declared net capacity of each such generating station,
and if the declared net capacity of any generating station notified to the Director is increased, or if any such person generates electricity at a generating station at which he was not generating electricity on 31st March 1990, he shall notify the Director forthwith of the increase in the declared net capacity or, as the case may be, the location of that generating station and its declared net capacity.
3
Any person who falls within Class E in Schedule 3 shall have notified the Director before 1st July 1990 of —
a
his name and address;
b
the address of each of the premises to which he was supplying electricity or making the supply of electricity available on 31st March 1990; and
c
the aggregate of the maximum power which he could have made available on 31st March 1990 to the premises to which he was supplying electricity or making the supply of electricity available on that date (whether or not that amount of power was consumed on that date).
4
If a name or address notified to the Director pursuant to paragraph (2)(a) or (3)(a) above ceases to be correct the person in question shall notify the Director forthwith of the change of name or address.
5
For the purposes of this article the address of a company shall be the address of its registered office and the address of any other person shall be the address of his principal office.
Circumstances in which exemptions cease to be in force
5
The exemptions granted by this Order shall cease to be in force —
a
in relation to any person falling within any of the classes specified in Schedule 2 if that person —
i
is granted a licence under section 6(1)(a) of the Act; or
ii
does not comply with such of the conditions specified in article 4 above as are applicable to the class within which that person falls;
b
in relation to any person falling within any of the classes specified in Schedule 3 if that person —
i
is granted a licence under, as the case may be, section 6(1)(c) or (2) of the Act; or
ii
does not comply with such of the conditions specified in article 4 above as are applicable to the class within which that person falls; and
c
in relation to persons falling within Class C in Schedule 2 or Classes B or E in Schedule 3, in the circumstances specified in paragraphs C.1 in Schedule 2 and B.1 and E.1 in Schedule 3 respectively.
Revocation
6
The Electricity (Class Exemptions from the Requirement for a Licence) Order 1990 , the Electricity (Class Exemptions from the Requirement for a Licence) (Amendment) Order 1994 , the Electricity (Class Exemptions from the Requirement for a Licence) (Amendment) (No. 2) Order 1994 and the Electricity (Class Exemptions from the Requirement for a Licence) Order 1995 are hereby revoked.
Tim Eggar
Minister for Industry and Energy,
Department of Trade and Industry
27th March 1995
George Kynoch
Parliamentary Under-Secretary of State, The Scottish Office
27th March 1995


text:
Now, therefore, in exercise of the powers conferred on the Secretary of State by sections 218(1) and 220(2) of the Act the Secretary of State for Education and Employment hereby makes the following Order:
1
This Order may be cited as the North East London Education Association Order 1995.
2
There is hereby established a body corporate under the name “the North East London Education Association” which shall conduct the School from 1st September 1995.
Gillian Shephard
Secretary of State for Education and Employment
27th July 1995


text:
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) (Amendment) Regulations 1995 and shall come into force on 29th May 1995.
2
1
The Motor Vehicles (Driving Licences) (Large Goods and Passenger-Carrying Vehicles) Regulations 1990 shall be amended as follows.
2
In regulation 21(1), for “five clear days” there shall be substituted “ten clear days”.
3
Regulation 2 shall not apply where notice cancelling an appointment for a test is given on or before 28th May 1995 whether or not such notice expires after that date.
Signed by authority of the Secretary of State for Transport.
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
28th April 1995


text:
Citation, Commencement and Application
1
1
This Order may be cited as the Isle of Wight (Staff Transfer) Order 1995 and shall come into force on 8th March 1995.
2
This Order makes provisions which are consequential, or supplementary to the provision of the Isle of Wight (Structural Change) Order 1994 .
Interpretation
2
In this Order “contract of employment” means a contract under which a person works for another person whether under a contract of service or apprenticeship or otherwise but does not include anyone who provides services under a contract for services, and any reference to an “employer” or “employee” and to “employment” shall be construed accordingly.
Transfer of Staff
3
1
This article shall apply to any person (a “designated employee”) who: —
a
immediately before 1st April 1995 (“the reorganisation date”) was employed by the Medina Borough Council or the South Wight Borough Council;
b
whose employment would continue but for the abolition of those two councils; and
c
whose name is mentioned in the Schedule to this Order.
2
The contract of employment of any designated employee shall not be terminated on the reorganisation date but shall have effect as if originally made between the designated employee and the Isle of Wight Council.
3
This article shall have effect in relation to a designated employee whether or not he is an employee to whom The Transfer of Undertakings (Protection of Employment) Regulations 1981 would otherwise apply, but is without prejudice to any provision of those regulations which applies to any such employee.


text:
PART I
GENERAL
Citation and Entry into Force
1
This Order may be cited as the World Trade Organisation (Immunities and Privileges) Order 1995 and shall come into force on the date on which the Agreement Establishing the World Trade Organisation (hereinafter referred to as the Agreement) enters into force in the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
Interpretation
2
In this Order:
a
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 ;
b
“ Organisation ” means the World Trade Organisation;
c
“ Member ” means a member of the Organisation;
d
“representatives of Members” means representatives, alternates, advisers, technical experts and secretaries of delegations of Members.
PART II
THE ORGANISATION
3
The Organisation is an organisation of which the United Kingdom and other sovereign Powers are members.
4
The Organisation shall have the legal capacities of a body corporate.
5
Except in so far as in any particular case it has expressly waived its immunity, the Organisation shall have immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.
6
The Organisation shall have the like inviolability of official archives and premises as in accordance with the 1961 Convention Articles is accorded in respect of the official archives and premises of a diplomatic mission.
7
The Organisation, its assets, income and other property shall have exemption from income tax, capital gains tax and corporation tax.
8
The Organisation shall have the like relief from rates as in accordance with Article 23 of the 1961 Convention Articles is accorded in respect of the premises of a diplomatic mission.
9
The Organisation shall have exemption from customs duties and taxes on the importation by it of goods for its official use in the United Kingdom and on the importation of publications of the Organisation imported by it, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.
10
The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods imported or exported by the Organisation for its official use and in the case of any publications of the Organisation imported or exported by it.
11
The Organisation shall have relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of customs duty paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979 or value added tax paid on the importation of such oil which is bought in the United Kingdom and used for the official purposes of the Organisation, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
12
The Organisation shall have relief, under arrangements made by the Secretary of State, by way of refund of value added tax paid on the purchase of new motor vehicles of United Kingdom manufacture and of value added tax paid on the supply of any goods or services which are used for the official purposes of the Organisation, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
PART III
REPRESENTATIVES
13
1
Except in so far as in any particular case any privilege or immunity is waived by the Member which they represent, representatives of Members at the meetings of the Organisation shall enjoy —
a
immunity from suit and legal process in respect of things done or omitted to be done by them in their official capacity;
b
while exercising their functions and during their journeys to and from the place of meeting, the like immunity from personal arrest or detention and from seizure of their personal baggage and the like inviolability for all papers and documents as is accorded to a diplomatic agent; and
c
while exercising their functions and during their journeys to and from the place of meeting, the like exemptions and privileges in respect of their personal baggage as in accordance with Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent.
2
Where the incidence of any form of taxation depends upon residence, a representative shall not be deemed to be resident in the United Kingdom during any period when he is present in the United Kingdom for the discharge of his duties.
3
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on —
a
the official staff of a representative other than alternates, advisers, technical experts and secretaries of delegations, or
b
the family of a representative or of a member of the official staff of a representative.
4
Neither the preceding paragraphs of this Article nor Part IV of Schedule 1 to the Act shall operate so as to confer any privilege or immunity on any person as the representative of the United Kingdom or as a member of the official staff of such a representative or on any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, or a British National (Overseas).
PART IV
OFFICIALS
High Officials
14
1
Except in so far as in any particular case any privilege or immunity is waived by or on behalf of the Organisation, and subject to the provisions of paragraph (2) of this Article, the Director-General, any Deputy Director-General or Assistant Director-General and any official acting on behalf of the Director-General during his absence from duty, shall enjoy —
a
the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than customs duties and taxes on the importation of goods, as are accorded to or in respect of the head of a diplomatic mission;
b
the like exemption or relief from being liable to pay anything in respect of council tax as is accorded to or in respect of a diplomatic agent;
c
the like exemption from customs duties and taxes on the importation of articles imported for his personal use or the use of members of his family forming part of his household, including articles intended for his establishment, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;
c
the like exemption and privileges in respect of his personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;
d
relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of customs duty paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979) or value added tax paid on the importation of such oil which is bought in the United Kingdom by him or on his behalf, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements; and
e
exemptions whereby, for the purposes of the enactments relating to national insurance and social security, including enactments in force in Northern Ireland, —
i
services rendered for the Organisation by the officer shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.
2
This Article shall not apply to any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, or a British National (Overseas) or who is a permanent resident of the United Kingdom.
3
Part IV of Schedule 1 of the Act shall not operate so as to confer any privilege or immunity on any member of the family of any officer to whom this Article applies other than his spouse and minor children.
All Officials
15
Except in so far as in any particular case any privilege or immunity is waived by or on behalf of the Organisation, officials of the Organisation (other than those who are locally recruited and assigned to hourly rates of pay) shall enjoy —
a
immunity from suit and legal process in respect of things done or omitted to be done by them in their official capacity;
b
exemption from income tax in respect of emoluments received by them as officials of the Organisation; and
c
the like exemption from customs duties and taxes on the importation of articles which —
i
at or about the time when they first enter the United Kingdom to take up their posts as officials of the Organisation are imported for their personal use or that of members of their families forming part of their households, including articles intended for their establishment, and
ii
are articles which were in their ownership or possession or that of such members of their families, or which they or such members of their families were under contract to purchase, immediately before they so entered the United Kingdom,
as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent.
N. H. Nicholls,
Clerk of the Privy Council


text:
1
This Order may be cited as the Broadcasting (Restrictions on the Holding of Licences) (Amendment) Order 1995 and comes into force on the day after the day on which it is made.
2
In paragraph 2(1)(e) of Part III of Schedule 2 to the Broadcasting Act 1990 (maximum number of licences to provide local radio services which a person may hold), for “twenty” substitute “thirty-five”.
3
The Broadcasting (Restrictions on the Holding of Licences) Order 1991 is amended as follows: —
1
in paragraph (1) of article 11, for “20” substitute “35”;
2
in article 12, omit paragraphs (4) and (5)
Virginia Bottomley
Secretary of State for National Heritage
20th July 1995


text:
Title and commencement
1
These Regulations may be cited as the Judicial Pensions (Transfer Between Judicial Pension Schemes) Regulations 1995 and shall come into force on 31st March 1995.
2
In these Regulations —
“former scheme” means any relevant scheme of the member (except a voluntary contributions scheme) prior to his transfer to the Part I scheme other than the last existing scheme;
“last existing scheme” means:
the relevant scheme of the member immediately prior to his transfer to the Part I scheme;
where a member was a member of a relevant scheme prior to appointment as Lord Chancellor and is subsequently re-appointed to qualifying judicial office, the relevant scheme at the date he last held qualifying judicial office; or
where Part I of the 1993 Act applies to a member by virtue of section 1(c) of that Act, the relevant scheme of the member at the date he last held qualifying judicial office;
“member” means a member of a relevant scheme to whom section 12 of the 1993 Act applies;
“Part I scheme” means the scheme constituted under Part I of the 1993 Act;
“relevant scheme” means any judicial pension scheme constituted otherwise than by or under the 1993 Act;
“the 1993 Act” means the Judicial Pensions and Retirement Act 1993;
“voluntary contributions scheme” means a judicial pension scheme providing for the purchase of benefits additional to those provided by or under the Part I scheme or a relevant scheme by means of additional voluntary contributions;
“15 year scheme”, “20 year scheme”, “30 year scheme” and “40 year scheme” means a scheme in respect of which service in qualifying judicial office for 15, 20, 30 or 40 years, as the case may be, is a condition of eligibility for an annual pension at the rate of one half of the last annual salary payable in respect of that office.
Purpose and effect
3
1
These regulations shall apply for the purposes of valuing a member’s relevant rights which are to be transferred to the Part I scheme under section 12 of the 1993 Act.
2
The sum of a member’s relevant rights in his last existing scheme and his relevant rights in any former scheme shall form the total amount to be transferred into the Part I scheme.
3
The total amount to be transferred into the Part I scheme shall be expressed as a period of notional service in the office held by the member at the date of transfer in accordance with regulations 5, 6 and 7.
Service multiplier
4
For the purposes of regulations 5(1)(b) and 6(1)(b), the service multiplier appropriate to the member in respect of the last existing scheme or any former scheme shall be —
a
in relation to a 15 year scheme: 1.25;
b
in relation to a 20 year scheme: 1;
c
in relation to a 30 year scheme: 0.67;
d
in relation to a 40 year scheme: 0.5.
Valuation of relevant rights: last existing scheme
5
1
The value of a member’s relevant rights to be transferred from his last existing scheme to the Part I scheme shall be calculated in accordance with the formula A × B where —
a
A is the member’s length of service in qualifying judicial offices that were subject to his last existing scheme (expressed in years and days) excluding any period during which an election referred to in section 13(8) of the 1993 Act is in force; and
b
B is the service multiplier appropriate to the member in respect of his last existing scheme.
2
For the purpose of the calculation —
a
the number of days in A shall be expressed in decimal form to four decimal places by dividing them by 365; and
b
the decimal part of the product A × B shall be converted back into days by multiplying it by 365.
3
The transfer value arrived at by applying the formula shall be rounded up to the next full day.
4
Where a member holds two qualifying judicial offices concurrently, no day shall be counted more than once.
Valuation of relevant rights: former schemes
6
1
The value of a member’s relevant rights to be transferred from any former scheme into the Part I scheme shall be calculated in accordance with the formula A × B × (C/D) where —
a
A is the member’s length of service in qualifying judicial offices that were subject to the former scheme (expressed in years and days) excluding any period during which an election referred to in section 13(8) of the 1993 Act is in force;
b
B is the service multiplier appropriate to the member in respect of the former scheme;
c
C is the salary of the office that the member held while a member of the former scheme at the date of transfer from that former scheme to another former scheme or the last existing scheme as appropriate;
d
D is the salary of the office that the member held while a member of his last existing scheme at the date of transfer into the last existing scheme.
2
For the purposes of the calculation —
a
the number of days in A shall be expressed in decimal form to four decimal places by dividing them by 365; and
b
the decimal part of the product of A × B × (C/D) shall be converted back into days by multiplying it by 365.
3
Regulation 5(3) and (4) shall apply to the valuation of relevant rights in a former scheme as they apply to the valuation of relevant rights in the last existing scheme.
Voluntary contributions: valuation of benefits purchased under the Judicial Added Benefits Scheme
7
1
In this regulation —
“The Judicial Added Benefits Scheme” means the scheme of that name constituted under Part IV of the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 ;
“normal pension age” means the age at which a member could retire under his last existing scheme with a pension immediately payable.
2
Any added units of benefit which a member has purchased under the Judicial Added Benefits Scheme shall be valued by using the formula D × (A/B × C) where —
a
A is the number of contributions made to the Judicial Added Benefits Scheme;
b
B is the number of contributions potentially payable from the commencement of contributions to the member’s normal pension age;
c
C is the number of added units of benefit which the member has contracted to purchase; and
d
D is the appropriate service credit figure, determined, subject to sub-paragraph (e), by reference to the age of the member at his last birthday at the date of transfer, set out in the relevant table in Schedule 1.
e
in the case of a member of the Land Tribunal scheme or District Judiciary scheme, D shall be determined by reference both to the age of the member at his last birthday at the date of transfer, and his age last birthday at the date of entry into the Land Tribunal scheme or District Judiciary scheme as appropriate, as set out in the table relating to those schemes in Schedule 1.
3
For the purposes of the calculation —
a
the product of D × (A/B × C) shall be expressed to four decimal places; and
b
the decimal part of the product shall be converted into days by multiplying it by 365.
4
The transfer value arrived at by applying the formula shall be rounded up to the next full day.
5
Schedule 2 shall apply for the purpose of determining the relevant table in Schedule 1 appropriate to the member.
Voluntary contributions: treatment of added years purchased
8
Any added years which a member may have purchased while belonging to a relevant scheme shall be treated, for the purposes of regulation 5, as if they had been actual years served under his last existing scheme.
Voluntary contributions: relevant rights in voluntary contributions schemes
9
1
Any relevant rights that a member may have in a voluntary contributions scheme that is open to members both of the member’s last existing scheme and members of the Part I scheme shall either —
a
remain within that voluntary contributions scheme; or
b
be transferred into the Part I scheme in accordance with the Judicial Pensions (Transfer of Accrued Benefits) Regulations 1995 ;
as the member wishes.
2
Any relevant rights that a member may have in any other voluntary contributions scheme (except the Judicial Added Benefits Scheme as defined in regulation 7) shall either —
a
be transferred into the Judicial Additional Voluntary Contributions Scheme constituted by Part II of the Judicial Pensions (Additional Voluntary Contributions) Regulations 1995 provided that the scheme falls within regulation 2.22 of those Regulations; or
b
be transferred into the Part I scheme in accordance with the Judicial Pensions (Transfer of Accrued Benefits) Regulations 1995;
as the member wishes.
3
Where paragraphs (1) or (2) apply, the member shall notify the administrators in writing of his wishes before the date of transfer into the Part I scheme.
Effect of transferred rights
10
Any service credited to a member by virtue of section 12 of the 1993 Act and these Regulations shall be treated for all purposes in the same way as actual service by the member after the relevant day.
Mackay of Clashfern, C.
Dated 6th March 1995
Ian Lang
One of Her Majesty’s Principal Secretaries of State
Dated 7th March 1995
We concur
Andrew Mitchell
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 7th March 1995


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Employment of Young Persons) Regulations 1995 and shall come into force on 1st May 1995.
Interpretation and application
2
1
In these Regulations —
“child” means a person who is under school-leaving age for the purposes of section 51 of the Merchant Shipping Act 1970;
“education authority” has the meaning given by section 135(1) of the Education (Scotland) Act 1980 ;
“local education authority” has the meaning given by section 114(1) of the Education Act 1944 ;
“training ship” means a ship operated for the purpose of educating or training children;
“United Kingdom ship” means a ship which —
is registered in the United Kingdom; or
is not registered under the law of any country but is wholly owned by persons each of whom is —
a British citizen, a British Dependent Territories citizen or a British Overseas citizen, or
a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom;
“young person” means a person under the age of eighteen.
Children
3
Without prejudice to any restrictions in the Children and Young Persons Act 1933 , and subject to regulations 4 and 6 below, a child who has attained the age of 14 may be employed in a training ship on a course recognised by a local education authority (or in Scotland, by an education authority, or in Northern Ireland by the Department of Education).
Young persons' medical certificates
4
1
Subject to paragraphs (2) and (3) below, a young person shall not be employed in any capacity in a ship unless there has been delivered to the master of the ship a certificate granted by a duly qualified medical practitioner certifying that the young person is fit to be employed in that capacity.
In paragraph, “duly qualified medical practitioner” means a person who is a fully registered person within the meaning of section 55 of the Medical Act 1983 .
2
Paragraph (1) above shall not apply in the case of employment in a ship in which only members of the same family are employed.
3
A superintendent or consular officer may on the ground of urgency authorise a young person who is not a child to be employed in a ship notwithstanding that no such certificate has been delivered to the master of the ship; but the young person shall not be employed in reliance on any such authorisation beyond the first port at which the ship calls after he has embarked thereon.
4
A certificate shall be effective for the purposes of this regulation for a period of twelve months from the date on which it is granted and no longer, but if the period of twelve months expires during a voyage in which the young person is employed in the ship, the certificate shall remain effective until the end of the voyage.
Record of young persons
5
1
There shall be included in every crew agreement a list of the young persons who are employed in the ship, together with particulars of their dates of birth.
2
There shall be included in every crew agreement a short summary of the provisions of these Regulations.
3
In the case of a ship in which there is no crew agreement, the master of the ship shall, if young persons are employed in the ship, keep a register of those persons with particulars of their dates of birth and of the dates on which they became employed in the ship.
Trimmers and stokers
6
No young person shall be employed as a trimmer or stoker in any ship.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
29th March 1995


text:
Citation and commencement
1
This Order may be cited as the Bristol City Docks Harbour Revision Order 1995 and shall come into force on 8th March 1995.
Interpretation
2
1
In this Order —
“the city” means the City of Bristol;
“the City Docks” means the Docks of the Council known as the Floating Harbour and all basins and other works constructed in connection therewith;
“the Council” means the City Council of Bristol;
“deposited plans and sections” means the plans and sections prepared in triplicate, signed by an Assistant Secretary in the Department of Transport and marked “Bristol City Docks Harbour Revision Order 1995”, of which two copies have been deposited at that Department and one copy has been deposited at the offices of the Council at The Council House, College Green, Bristol, BS1 5YR;
“limits of deviation” means the limits of deviation shown on the deposited plans;
“relevant work” means so much of any work authorised by this Order as is on, under or over the waters of the City Docks;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“works” means the works authorised by this Order or, as the case may require, any part thereof.
2
This Order shall be read as if the words “or thereabouts” were inserted after each distance mentioned in article 3 (Power to construct works) of this Order.
3
Unless the context otherwise requires —
a
any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order;
b
map reference points specified in this Order are Ordnance Survey National Grid reference points.
Power to construct works
3
1
Subject to the provisions of this Order, the Council may in the city and in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plans and sections construct and maintain the works hereafter described, together with all necessary and proper works and conveniences connected with or incidental thereto, that is to say —
Work No. 1 — A pedestrian bridge across that part of the City Docks known as St. Augustine’s Reach commencing at a point at ST 58517 72524, extending in an easterly direction for a distance of 52 metres, and terminating at a point at ST 58567 72510, incorporating a moving bridge span.
Work No. 2 — A landing stage of open construction in that part of the City Docks known as St. Augustine’s Reach commencing at a point at ST 58552 72765 and terminating at a point at ST 58560 72764, including a stairway access to the landing stage.
Work No. 3 — A landing stage of open construction in that part of the City Docks known as St. Augustine’s Reach commencing at a point at ST 58583 72761 and terminating at a point at ST 58575 72762, including stairway and ramp access to the landing stage.
2
The Council may within the limits of deviation alter, replace, relay or reconstruct the works.
Period for completion of works
4
If the works are not completed within 10 years from the coming into force of this Order, the powers by this Order granted to the Council for constructing the works shall cease except as to so much thereof as is then substantially commenced.
Subsidiary works
5
Subject to the provisions of this Order, the Council may from time to time, within the limits of deviation, construct and maintain all such necessary works and conveniences, and take such measures, as may be requisite or expedient for the purposes of or in connection with the construction, maintenance and use of the works.
Power to deviate
6
In constructing the works the Council may deviate laterally from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent upwards or downwards.
Relevant works not to be executed without approval of Secretary of State
7
1
A relevant work shall not be constructed, altered, replaced, relaid or reconstructed 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 relevant work is constructed, altered, replaced, relaid or reconstructed in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the relevant work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of 30 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 relevant work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Provision against danger to navigation
8
1
In case of injury to, or destruction or decay of, a relevant work or any part thereof, the Council shall forthwith notify Trinity House 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 as required by this article or to comply in any respect with a direction given under this article, 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
9
1
Where a relevant 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 —
a
partly of a relevant work; and
b
partly of works on or over land which is not on, under or over the waters of the City Docks;
is abandoned or suffered to fall into decay and the works mentioned in subparagraph (b) above are in such condition as to interfere or to cause reasonable apprehension that they may interfere with the right of navigation or other public rights, the Secretary of State may include those works, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 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 the Secretary of State in so doing shall be recoverable from the Council.
Survey of relevant works
10
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a relevant 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.
Permanent lights on relevant works
11
1
After the completion of a relevant 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 this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine: Provided that it shall be a defence for the Council to prove that all due diligence was used to secure compliance with any such direction.
Lights on relevant works during construction etc.
12
1
The Council shall at or near a relevant work during the whole time of the construction, alteration, replacement, relaying or reconstruction 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 the Secretary of State shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine: Provided that it shall be a defence for the Council to prove that all due diligence was used to secure compliance with any such direction.
Saving for town and country planning
13
The works authorised by article 3 (Power to construct works) of this Order shall not be deemed for the purposes of the Town and Country Planning General Development Order 1988 (or any general order superseding that order made under section 59 of the Town and Country Planning Act 1990 , or any corresponding provision of an Act repealing that section) to be —
a
development authorised by an order made under section 14 of the Harbours Act 1964 which designates specifically the nature of the development authorised and the land upon which it may be carried out; or
b
development on operational land by statutory undertakers or their lessees in respect of a dock, pier or harbour undertaking, being development which is required for the purposes of shipping or in connection with the embarking, disembarking, loading, discharging or transport of passengers, livestock or goods at a dock, pier or harbour.
Signed by authority of the Secretary of State for Transport
J. D. Henes
An Under Secretary in the
Department of Transport
21st February 1995


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Effect of Family Credit on Earnings Factors) Regulations 1995 and shall come into force on 1st November 1995.
Prescribed member of a married or unmarried couple for the purposes of section 45A of the Social Security Contributions and Benefits Act 1992
2
For the purposes of section 45A of the Social Security Contributions and Benefits Act 1992 (which provides for disability working allowance and family credit to be taken into account in the calculation of the additional pension in a Category A retirement pension) where family credit is paid to one of a married or unmarried couple, the prescribed member of the couple referred to in subsection (2)(a) of that section is —
a
where only one member is assessed for the purposes of the award of family credit as having income consisting of earnings, that member;
b
where both members are so assessed, the member with the higher earnings; or
c
where the earnings of each member are assessed as equal, the member to whom family credit is paid.
Signed by the authority of the Secretary of State for Social Security.
Oliver Heald
Parliamentary Under-Secretary of State,
Department of Social Security
2nd October 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the United Leeds Teaching Hospitals National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 29th March 1995.
2
In this Order —
“the first Trust” means the Harrogate Health Care National Health Service Trust;
“the second Trust” means the United Leeds Teaching Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the first Trust and the second Trust on 20th October 1994, which schedule has been signed on behalf of both the first Trust and the second Trust.
Transfer of trust property
2
On 29th March 1995 the trust property shall be transferred from the first Trust to the second Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
7th March 1995


text:
1
These Regulations may be cited as the Fire Services (Appointments and Promotion) (Amendment) Regulations 1995 and shall come into force on 1st September 1995.
2
The Fire Services (Appointments and Promotion) Regulations 1978 shall be amended by substituting for the words “Drill Book”, in paragraph (a) of Part II of Schedules 1 and 2, the words “Training Manual”.
Blatch
Minister of State
Home Office
11th August 1995


text:
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by section 9 of the Act, hereby makes the following Order: —
1
This Order may be cited as the Public Telecommunication System Designation (Mercury Personal Communications Limited) Order 1995 and shall come into force on 23rd June 1995.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Ian Taylor,
Parliamentary Under-Secretary of State for Trade and Technology,
Department of Trade and Industry
24th May 1995


text:
Citation and commencement
1
This Order may be cited as the London Cab Order 1995 and shall come into force on 18th April 1995.
Interpretation
2
1
In this Order —
“the 1934 Order means” the London Cab Order 1934 ;
“authorised examiner” has the meaning given by section 45 of the Road Traffic Act 1988 ; and
“registered” means registered under the Vehicles Excise and Registration Act 1994
Presentation of motor cabs for licensing
3
1
This paragraph applies where —
a
an application has been made for a cab licence in respect of a motor cab registered on or after 1st August 1979 and propelled by a diesel engine, and
b
the applicant is required by paragraph 10(1) of the 1934 Order to bring or send the cab to a place for examination by a Public Carriage Examiner.
2
In such a case, at the time of the examination of the motor cab by the Public Carriage Examiner, there shall be handed to him not only the application form in respect of the cab as required by paragraph 10(2) of the 1934 Order but also a certificate which satisfies the requirements of sub-paragraph (3) below.
3
The requirements of this sub-paragraph, in relation to a certificate, are that —
a
the certificate must relate to the cab and be in the form shown in the Schedule to these Regulations;
b
the certificate must have been signed on, or during the 28 day period ending immediately before, the day on which the certificate is handed to the Public Carriage Examiner;
c
the person who signed the certificate must at the time he signed it have been either —
i
an authorised examiner who is authorised by the Secretary of State to carry out examinations for the purposes of section 45 of the Road Traffic Act 1988 on Class IV vehicles (within the meaning of the Motor Vehicles (Test) Regulations 1981 ), or
ii
a person authorised by such an authorised examiner to carry out such an examination on his behalf;
d
the signature must be accompanied by an embossment by a stamp of the authorised examiner by or on whose behalf the certificate was signed: and
e
the statement made in paragraph 2 of the certificate must have been true at the time the certificate was signed.
4
If during the course of the examination the Public Carriage Examiner has reasonable grounds for suspecting that the motor cab does not comply with regulation 61 of the Road Vehicles (Construction and Use) Regulations 1986 he may direct that, within such period as he may specify —
a
the motor cab is to be presented again at the place at which the examination was carried out; and
b
at the time the motor cab is so presented, there is to be handed to a Public Carriage Examiner a certificate which satisfies the requirements of sub-paragraph (3) above and which is signed after the direction is given.
5
Nothing in this paragraph shall be construed as requiring —
a
a certificate to be issued under paragraph 12 of the 1934 Order in any circumstances where the issue of such a certificate could otherwise have been refused; or
b
a cab licence to be granted in any circumstance where such a licence could otherwise have been refused.
Signed by the authority of the Secretary of State
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
17th March 1995


text:
1
This Order may be cited as the Criminal Appeal Act 1995 (Commencement No. 1 and Transitional Provisions) Order 1995.
2
In this Order, “the 1968 Act ” means the Criminal Appeal Act 1968 , “the 1980 Act ”means the Criminal Appeal (Northern Ireland) Act 1980 , and “the 1995 Act ” means the Criminal Appeal Act 1995.
3
The following provisions of the 1995 Act shall, subject to article 4 below, come into force on 1 January 1996:
a
sections 1, 2, 4 and 6;
b
section 7, except to the extent that section 44A of the 1968 Act and section 47A of the 1980 Act, as inserted by that section, relate to references by the Criminal Cases Review Commission;
c
sections 26 to 28;
d
section 29, so far as is necessary to bring into force Schedules 2 and 3 to the extent specified below;
e
section 30;
f
section 31, except for subsection (1)(a);
g
sections 32 to 34;
h
in Schedule 2: paragraphs 1, 2, 4(1) to (3), 4(5), 5, 6, 12(1) to (4), 12(6), 15 and 17;
i
Schedule 3, so far as it relates to the following enactments:
i
section 23(3) of the 1968 Act;
ii
the Courts-Martial (Appeals) Act 1968 ;
iii
the Criminal Law Act 1977 ;
iv
the Magistrates' Courts Act 1980 ;
v
sections 16(1) and 25(3) of the 1980 Act;
vi
the Supreme Court Act 1981 ;
vii
the Criminal Justice Act 1988 ;
viii
Paragraph 3(1) of Schedule 3 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 .
4
The following provisions shall continue to have effect, in the circumstances described below, as if this Order had not been made:
a
sections 1, 12 and 15 of the 1968 Act and sections 1, 12(1) and 13A(2) of the 1980 Act so far as they relate to a conviction, verdict or finding occurring before 1 January 1996;
b
sections 2, 13, 16 and 23 of the 1968 Act, sections 2, 12(2), 12(3), 13A(3), 13A(4) and 25 of the 1980 Act, section 110 of the Army Act 1955 , section 110 of the Air Force Act 1955 and sections 12 and 28 of the Courts-Martial (Appeals) Act 1968 so far as they relate to an appeal where the hearing begins before 1 January 1996.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
27th November 1995


text:
Title and commencement
1
These Regulations may be cited as the Colours in Food Regulations 1995, and shall come into force on 1st January 1996.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990;
the noun “colour” means a food additive which is used or intended to be used for the primary purpose of adding or restoring colouring in a food, and includes —
any natural constituent of food and any natural source not normally consumed as food as such and not normally used as a characteristic ingredient of food, and
any preparation obtained from food or from any other natural source material, by, in eilther case —
physical extraction,
chemical extraction, or
physical and chemical extraction
which results in the selective extraction of the pigment relative to the nutritive or aromatic constituent,
but does not include —
any food (including one in dried or concentrated form),
any flavouring,
used, in either case, in the manufacture of any compound food because of its aromatic, sapid or nutritive properties albeit that it may also be used secondarily to add or restore colouring to such compound food, and
any colour when it is used only for colouring any inedible external part of a food;
“Directive 94/36/ EC ” means European Parliament and Council Directive 94/36/ EC on colours for use in foodstuffs;
“Directive 95/45/EC ” means Commission Directive 95/45/EC laying down specific criteria of purity concerning colours for use in foodstuffs;
“food” means food sold, or intended for sale, for human consumption, and in regulation 8 and for the purposes of regulation 11 includes a colour;
“food additive” means any substance not normally consumed as a food in itself and not normally used as a characteristic ingredient of food, whether or not it has nutritive value, the intentional addition of which to food for a technological purpose in the manufacture, processing, preparation, treatment, packaging, transport or storage of such food results, or may reasonably be expected to result, in it or its by-products becoming directly or indirectly a component of such foods;
“infants” means children under the age of twelve months;
“member State” means a member State of the European Community;
“permitted colour” means any colour listed in Schedule 1 which satisfies the specific purity criteria for that colour set out in the annex to Directive 95/45/EC ;
“processed” in relation to any food, means having undergone any treatment resulting in a substantial change in the original state of the food, but does not include dividing, parting, severing, boning, mincing, skinning, paring, peeling, grinding, cutting, cleaning, trimming, deep-freezing, freezing, chilling, milling, husking, packing or unpacking, and “unprocessed” shall be construed accordingly;
“sell” includes possess for sell, and offer, expose or advertise for sale, and “sale” and “sold”shall be construed accordingly;
“young children” means children aged between one and three years,
and other expressions used in these Regulations and in Directive 94/36/EC have, in so far as the context admits, the same meaning as they bear in that Directive.
2
Any reference in these Regulations to a Community instrument is a reference to it as amended, modified or otherwise adapted.
3
Any reference in these Regulations to a numbered regulation or Schedule shall, unless the context otherwise requires, be construed as a reference to the regulation or Schedule bearing that number in these Regulations, and including in the case of a Schedule any note thereto.
4
Any reference in these Regulations or in a Schedule thereto to —
a
a maximum level of permitted colour in or on a food is to the maximum amount, in milligrams, of colouring principle contained in that permitted colour per kilogram or, as the case may be, per litre of food which is ready to eat having been prepared according to any instructions for use;
b
quantum satis , means that no maximum level of permitted colour in or on a corresponding food is specified but that in or on such food a permitted colour may be used in accordance with good manufacturing practice at a level not higher than is necessary to achieve the intended purpose and provided that such use does not mislead the consumer.
Use of colours in or on food
3
1
No person shall use in or on any food any colour other than a permitted colour.
2
No person shall use any permitted colour in or on any food listed in Schedule 2 except in accordance with paragraph 3(a) below.
3
Subject to paragraph (4) below and to regulations 4, 5 and 6, no person shall use any permitted colour in or on any food unless —
a
the food is one listed —
i
in Column 1 of Schedule 3, in which case there may be used in or on such food any permitted colour which is listed in relation to it in Column 2 of Schedule 3 in an amount not exceeding the maximum level for such permitted colour in or on such food as listed in Column 3 of Schedule 3; or
ii
in Column 2 of Schedule 4, in which case there may be used in or on such food any permitted colour which is listed in relation to it in Column 1 of Schedule 4 in an amount not exceeding the maximum level for such permitted colour in or on such food as listed in Column 3 of Schedule 4; or
iii
in Part III of Schedule 5, in which case there may be used in or on such food any of the permitted colours listed in Parts I or II of Schedule 5 in accordance with the conditions contained in that Schedule governing the use of such colours in or on such foods;
b
the food is not listed in either Schedule 2 or in Column 1 of Schedule 3, in which case there may be used in or on such food any one or more of the permitted colours listed in Part I of Schedule 5 up to an amount (in each case) of quantum satis .
4
No person shall use any permitted colour listed in Column 1 of Schedule 4 in or on any food other than the food or foods listed in relation to that permitted colour in Column 2 of that Schedule.
Health marking etc. of certain meat and meat products
4
No person shall use any colour for the purpose of any health marking as provided for in the Fresh Meat (Hygiene and Inspection) Regulations 1995 or any other marking required on any meat product, other than the permitted colours —
a
E 155 Brown HT;
b
E 133 Brilliant Blue FCF;
c
E 129 Allura Red AC, or
d
an appropriate mixture of (b) and (c) above.
Use of colours on eggshells
5
No person shall use any colour for —
a
the decorative colouring, or
b
the stamping (as provided for in Regulation ( EEC ) No. 1274/91 , introducing detailed rules for implementing Regulation (EEC) No. 1907/90 on certain marketing standards for eggs),
of eggshells, other than a permitted colour.
Use of colours in or on compound foods
6
1
Subject to paragraph (3) below, any food in or on which a permitted colour is used without contravening any of the provisions of paragraphs (2), (3) or (4) of regulation 3 may itself be used as an ingredient in a compound food in or on which the use of such colour is not otherwise permitted, and the presence in or on that compound food of such colour as a result of its containing such an ingredient shall not constitute a contravention of any of the provisions of those paragraphs of regulation 3.
2
There may be used in or on a food any permitted colour the use of which would otherwise constitute a contravention of any of the provisions of paragraphs (2), (3) or (4) of regulation 3, where such a food is destined to be used solely in the preparation of a compound food and the resulting presence in or on that compound food of such colour does not itself constitute a contravention of any of the provisions of those paragraphs of regulation 3.
3
Paragraph 1 above shall not apply in the case of any compound food listed in Schedule 2.
Sale of colours and food containing colours
7
1
No person shall sell any colour for use in or on food unless such colour is a permitted colour.
2
No person shall sell directly to the consumer any colour other than a specified permitted colour.
3
For the purposes of paragraph (2) above, a “specified permitted colour” shall be any permitted colour other than —
a
E 123 Amaranth;
b
E 127 Erythrosine;
c
E 128 Red 2G;
d
E 154 Brown FK;
e
E 160b Annatto, bixin, norbixin;
f
E 161g Canthaxanthin;
g
E 173 Aluminium, and
h
E 180 Litholrubine BK.
4
No person shall sell any food having in it or on it any added colour other than a permitted colour that has been used in or on that food without contravening any of the provisions of regulations 3, 4, 5 and 6.
Condemnation of food
8
Where any food is certified by a food analyst as being food which it is an offence against these Regulations to sell, that food may be treated for the purposes of section 9 of the Act (under which a food may be seized and destroyed on the order of a justice of the peace) as failing to comply with food safety requirements, and section 8(3) shall apply for the purposes of these Regulations as it applies for the purposes of the Act.
Offences, penalties and enforcement
9
1
If any person contravenes or fails to comply with any of the provisions of these Regulations he shall be guilty of an offence, and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
3
Subject to paragraph (4) below, each food authority shall enforce and execute these Regulations in its area.
4
In this regulation “food authority” does not include —
a
the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change;
b
until 1st April 1996, the council of a district in Wales; or
c
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).
Defence in relation to exports
10
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove —
a
that the food or, as the case may be, the colour in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that such food or colour complies with that legislation; and
b
in the case of export to another member State, that the legislation complies with Council Directive 89/107/EEC on the approximation of the laws of the Member States concerning food additives authorised for use in foodstuffs intended for human consumption, Directive 94/36/EC and Directive 95/45/EC .
Application of various provisions of the Food Safety Act 1990
11
The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and, unless the context otherwise requires, any reference in them to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc.);
b
section 3 (presumption that food intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence);
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33 (obstruction etc. of officers);
h
section 36 (offences by bodies corporate);
i
section 44 (protection of officers acting in good faith).
Revocations and Amendments
12
1
The Regulations specified in Columns 1 and 2 of Schedule 6 shall be revoked to the extent specified in Column 3 of that Schedule.
2
In both the Specified Sugar Products Regulations 1976 and the Specified Sugar Products (Scotland) Regulations 1976 —
a
in paragraph (3)(d) of regulation 5 (labelling and description of specified sugar products), for the words “colouring matter”, in both cases where they occur, there shall be substituted, in each case, the word “colour”;
b
in sub-paragraph (b) of regulation 9 (permitted additional ingredients in specified sugar products), for the words “colouring matter”, in both cases where they occur, there shall be substituted, in each case, the word “colour”.
3
In both the Jam and Similar Products Regulations 1981 and the Jam and Similar Products (Scotland) Regulations 1981 —
a
in paragraph (1) of regulation 2 (interpretation), for the definition of “permitted colouring matter” there shall be substituted the following definition —
“permitted colour” means any colour in so far as its use is permitted by the Colours in Food Regulations 1995;
, and
b
in Part III of Schedule 2 (permitted additional ingredients), for the words “permitted colouring matters” in Column 1 there shall be substituted the words “permitted colours”.
4
In the Meat Products and Spreadable Fish Products Regulations 1984 , in paragraph (1) of regulation 2 (interpretation), in the definition of “additive” for the words “the Colouring Matter in Food Regulations 1973” there shall be substituted the words “the Colours in Food Regulations 1995”.
5
In the Meat Products and Spreadable Fish Products (Scotland) Regulations 1984 , in paragraph (1) of regulation 2 (interpretation), in the definition of “additive” for the words “the Colouring Matter in Food (Scotland) Regulations 1973” there shall be substituted the words “the Colours in Food Regulations 1995”.
6
In the Food Additives Labelling Regulations 1992 , in Schedule 1 (categories of food additives) —
a
in Part I (list of food additives), for item 1 there shall be substituted the following item —
1
Colour.
;
b
in Part II (supplementary), for subparagraph (a) there shall be substituted the following subparagraph —
a
“colour” means any substance which is a colour for the purposes of the Colours in Food Regulations 1995;
.
7
In the Fresh Meat (Hygiene and Inspection) Regulations 1995, in paragraph 6 of Schedule 12 (health marking), for the words “the Colouring Matter in Food Regulations 1973” there shall be substituted the words “the Colours in Food Regulations 1995”.
Transitional provision and exemption
13
1
In any proceedings for an offence against these Regulations it shall be a defence to prove that —
a
i
the act was committed before 30th June 1996, or
ii
the act was that of selling a colour or a food which, in either case, was put on the market or labelled before 30th June 1996; and
b
the matters constituting the offence would not have constituted an offence under any Regulations now revoked or amended by these Regulations if those Regulations had been in operation (in the case of Regulations now being amended, as if such amendments had not been made) when the act was committed or the colour or, as the case may be, the food was put on the market or labelled.
2
These Regulations shall not apply to any colour or, as the case may be, food which —
a
is brought into Great Britain before 30th June 1996 from a member State in which it was lawfully produced and sold or in which it was in free circulation and lawfully sold; and
b
is suitably labelled to give the nature of the colour or, as the case may be, the food.
3
For the purpose of paragraph (2) above, “free circulation” shall be construed in accordance with Article 9.2 of the Treaty establishing the European Community.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
3rd December 1995
Signed by authority of the Secretary of State for Health:
Cumberlege
Parliamentary Under Secretary of State,
Department of Health
17th November 1995
Signed by authority of the Secretary of State for Wales:
Rod Richards
Parliamentary Under Secretary of State, Welsh Office
23rd November 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
21st November 1995


text:
Citation and commencement
1
1
This Order may be cited as the Rent Officers (Additional Functions) (Amendment) Order 1995.
2
This Order shall come into force for the purposes of articles 2 and 4 on 2nd October 1995 and for all other purposes on 2nd January 1996.
Amendments to 1990 Order
2
In the Rent Officers (Additional Functions) Order 1990 —
a
omit article 5(2 (exclusion for certain assured tenancies and assured agricultural occupancies);
b
after paragraph 6 of Schedule 1 (notifications insert —
6A
Where the rent officer has made a determination under paragraph 2A(3) of the highest rent for an assured tenancy and the rent payable under the tenancy includes a payment which is ineligible for housing benefit under paragraph 1(a)(i) or 4 of Schedule 1 to the Housing Benefit (General) Regulations 1987 (charges for meals or fuel), the rent officer when giving notice of his determination to the local authority shall also state in the notice whether the rent determined by him —
a
includes a payment which would be ineligible for housing benefit under paragraph 1(a)(i) of Schedule 1 to the 1987 Regulations; or
b
includes a payment which would be ineligible for housing benefit under paragraph 4 of that Schedule; or
c
includes both these payments ; and
c
omit paragraph 7(2) of Schedule 1 (notification to local authority in article 5(2) cases).
Amendments to 1995 Order
3
In the Rent Officers (Additional Functions) Order 1995 —
a
after article 5(2) (cases where no determination to be made) insert —
3
If the rent officer becomes aware that an application is not one which gives rise to a duty to make a determination under article 3(1) (whether by reason of this article or otherwise), the rent officer shall give the local authority notice to that effect.
; and
b
after paragraph 8(2) in Part 3 of Schedule 1 (notifications of determinations) insert —
2A
Where the rent officer has made a determination under paragraph 3(3) of the highest rent for an assured tenancy and the rent payable under the tenancy includes a payment which is ineligible for housing benefit under paragraph 1(a)(i) or 4 of Schedule 1 to the 1987 Regulations (charges for meals or fuel), the rent officer when giving notice of his determination to the local authority shall also state in the notice whether the rent determined by him —
a
includes a payment which would be ineligible for housing benefit under paragraph 1(a)(i) of Schedule 1 to the 1987 Regulations; or
b
includes a payment which would be ineligible for housing benefit under paragraph 4 of that Schedule; or
c
includes both these payments.
.
Application
4
Any amendment made by article 2 of this Order does not have effect in a case where an application for a determination is made before the date on which amendment comes into force.
Signed by authority of the Secretary of State
James Clappison
Parliamentary Under-Secretary of State,
Department of the Environment
6th September 1995
William Hague
Secretary of State for Wales
7th September 1995