text:
Title, extent and commencement
1
These Regulations may be cited as the Hill Livestock (Compensatory Allowances) Regulations 1994, shall extend to Great Britain and shall come into force on 15th November 1994.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes, and “agricultural” shall be construed accordingly;
“the appropriate Minister” means–
in relation to England, the Minister of Agriculture, Fisheries and Food; and
in relation to any other part of Great Britain, the Secretary of State;
“authorised person” means a person (whether or not an officer of the Minister concerned) who is authorised by the appropriate Minister, either generally or specially, to act in matters arising under these Regulations;
“breeding cow” means a female bovine animal comprised in a regular breeding herd which is not maintained primarily for the production of milk and which–
on or before the qualifying day has borne a calf and is capable of lactation; or
is in the opinion of the appropriate Minister in calf on the qualifying day and has been brought into the herd before that day primarily for the purpose of replacing an animal which has borne a calf and left the herd on or after 1st July 1994;
“claimant” means a person who has made a claim for a compensatory allowance under these Regulations;
“ Commission Regulation 3887/92 ” means Commission Regulation ( EEC ) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes ;
“compensatory allowance” means the allowance payable under regulation 3;
“ Council Regulation 2328/91 ” means Council Regulation (EEC) No. 2328/91 on improving the efficiency of agricultural structures , as amended by Council Regulation (EEC) No. 870/93 , Council Regulation (EEC) No. 1992/93 and Council Regulation (EEC) No. 3669/93 ;
“designated maps” means–
in relation to England, the 3 volumes of maps numbered 1 to 3, each such volume being marked “volume of maps of less–favoured farming areas in England” and with the number of the volume, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3HX;
in relation to Wales, the 2 volumes of maps numbered 1 and 2, both volumes being marked “volume of maps of less–favoured farming areas in Wales” and with the number of the volume, dated 20th May 1991, signed by the Secretary of State for Wales and deposited at the offices of the Welsh Office Agriculture Department at Trawsgoed, Aberystwyth, Dyfed SY23 4HT;
in relation to Scotland, the 4 maps numbered 1 to 4, each such map being marked “map of less–favoured farming areas in Scotland” and with the number of the map, dated 15th May 1991, signed by the Secretary of State for Scotland and deposited at the offices of the Scottish Office Agriculture and Fisheries Department at Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TW;
“disadvantaged land” means the land shown coloured blue or coloured pink on the designated maps, being land–
which is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land; and
whose agricultural production is, in the opinion of the appropriate Minister, restricted in its range by, or by any combination of, soil, relief, aspect or climate;
“ ECU ” means the unit of account used in legal instruments relating to the common agricultural policy of the European Community as defined in Council Regulation (EEC) No. 3180/78 , as amended by Council Regulation (EEC) No. 2626/84 and Council Regulation (EEC) No. 1971/89 , and any reference in these Regulations to a specified number of ECU in relation to a compensatory allowance shall be taken to be a reference to the sterling equivalent of that number of ECU, converted into sterling in accordance with Article 3(2) of Council Regulation (EEC) No. 3813/92 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy at the agricultural conversion rate applicable on 1st January in the year in respect of which the compensatory allowance is paid;
“eligible land” means an area of land of not less than three hectares–
which is situated in an area included in the list of less–favoured farming areas adopted by the Council of the European Communities under Article 2(2) of Council Directive 75/268/EEC on mountain and hill farming and farming in certain less–favoured areas , as amended by Council Directive 80/666/EEC and Council Directive 82/786/EEC , which list is contained in Council Directive 84/169/EEC , as amended by Commis– sion Decision 91/25/EEC ; and
which is severely disadvantaged land or disadvantaged land;
“ewe” means a female sheep which, on the qualifying day, is at least one year old;
“forage area” has the same meaning as in the second indent of Article 4g(3) of Council Regulation (EEC) No. 805/68 on the common organisation of the market in beef and veal , as amended by Council Regulation (EEC) No. 2066/92 ;
“livestock unit” means a unit of measurement of numbers of livestock described in Article 19 of and Annex 1 to Council Regulation 2328/91;
“occupier” includes a person who has a right to use eligible land for the purpose of grazing cattle or sheep;
“overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree, and “overgrazed” shall be construed accordingly;
“qualified flock” means a flock of sheep which is kept on eligible land, or on eligible land and other land used with it, and which is, in the opinion of the appropriate Minister–
maintained primarily for the purpose of breeding and rearing lambs; and
maintained and managed in accordance with sound husbandry practice;
“the qualifying day” means the day of submission of a claim for a compensatory allowance under these Regulations;
“regular breeding herd” means a herd of cattle which is kept on eligible land, or on eligible land and other land used with it, and which is, in the opinion of the appropriate Minister–
maintained primarily for the purpose of breeding and rearing calves; and
maintained and managed in accordance with sound husbandry practice;
“the 1984 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1984 ;
“the 1992 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1992 ;
“the 1993 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1993 ;
“relevant afforested land” means land which in the opinion of the appropriate Minister was converted to forest on or after 1st January 1986 and before 1st January 1988 by or on behalf of a person to whom a compensatory allowance was paid in respect of that land under the 1984 Regulations, the Hill Livestock (Compensatory Allowances) Regulations 1979 or the Hill Livestock (Compensatory Allowances) Regulations 1975 before the date when the conversion to forest was completed; but land shall cease to be relevant afforested land for the purposes of these Regulations 15 years after the date when such conversion was completed;
“retirement pension” means a category A and category B pension within the meaning of section 20(1)(f) of the Social Security Contributions and Benefits Act 1992 , a category C and category D pension within the meaning of section 63(f) of that Act, or graduated retirement benefit as referred to in Schedule 1 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 ;
“Scheme year” means 1995 and each succeeding calendar year;
“severely disadvantaged land”means–
the land shown coloured pink on the designated maps, being land–
which is, in the opinion of the appropriate Minister, inherently suitable for extensive livestock production but not for the production of crops in quantity materially greater than that necessary to feed such livestock as are capable of being maintained on such land, and
whose agricultural production is, in the opinion of the appropriate Minister, severely restricted in its range by, or by any combination of, soil, relief, aspect or climate; or
land situated in the Isles of Scilly;
“sound husbandry practice” includes practice in relation to the grazing and feeding of livestock;
“specified control measure” means any check which a member State is required to carry out under Article 6 of Commission Regulation 3887/92;
“unsuitable supplementary feeding methods” means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of the land by animals or excessive rutting by vehicles.
2
Where in Scotland any agricultural unit consists in part only of eligible land, that land or any part thereof shall be deemed for the purposes of these Regulations not to be eligible land unless, in the opinion of the appropriate Minister, such land or such part thereof would be suitable to be dealt with as a separate unit which is capable, having regard to the number of other animals normally grazed thereon, of maintaining a regular breeding herd or a qualified flock.
3
Any reference in these Regulations to–
a
a numbered regulation is a reference to the regulation in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Compensatory allowances
3
1
The appropriate Minister may, in respect of any Scheme year, pay to any person who is on the qualifying day for that year the occupier of eligible land, a compensatory allowance for cattle and sheep owned or leased under a formal leasing arrangement by him on that day, being cattle comprised in a regular breeding herd and sheep comprised in a qualified flock.
2
A compensatory allowance in respect of any Scheme year shall be paid to an occupier of eligible land only if (except in the case of such an occupier who is in receipt of a retirement pension) he has entered into a written undertaking in such form as the appropriate Minister may require to the effect that he will, for a period of five years from the first payment of a compensatory allowance made under these Regulations, the 1993 Regulations, the 1992 Regulations or the 1984 Regulations, continue to use eligible land for agricultural purposes.
3
Subject to the following provisions of these Regulations, a compensatory allowance for cattle shall be payable in respect of the number of breeding cows comprised in a herd on the qualifying day at a rate of 20.3 ECU per cow.
4
Subject to the following provisions of these Regulations, a compensatory allowance for sheep shall be payable in respect of the number of ewes comprised in a flock on the qualifying day at a rate of 3.045 ECU per ewe.
5
The total amount of a compensatory allowance which may be paid in respect of any Scheme year–
a
to the occupier of severely disadvantaged land, shall not exceed £81.13 or 123 ECU (whichever rate results in the lower payment in sterling) for each hectare of such land which was included in an area aid application made under Commission Regulation 3887/92 in the year preceding that year and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation or which is relevant afforested land; or
b
to the occupier of disadvantaged land, shall not exceed £60.85 or 123 ECU (whichever rate results in the lower payment in sterling) for each hectare of such land which was included in an area aid application made under Commission Regulation 3887/92 in the year preceding that year and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation or which is relevant afforested land.
Provision with respect to cattle
4
1
The number of breeding cows in respect of which a compensatory allowance may be paid in relation to any Scheme year shall be the least of–
a
the number of breeding cows comprised in the herd on the qualifying day for that Scheme year;
b
the number of breeding cows held by the claimant on eligible land, or on eligible land and other land used with it, for a period of four months from the day following the qualifying day for that Scheme year;
c
the number of breeding cows which, in the opinion of the appropriate Minister, is reasonable, having regard to the number of calves produced in the twelve months preceding the qualifying day for that Scheme year or, in the case of a herd newly established or re–established in that year, in such shorter period as the appropriate Minister may determine; or
d
the number of breeding cows which, when added to the number of ewes in a qualified flock grazed and maintained on eligible land available to the claimant’s herd and, as the case may be, flock in the year preceding that Scheme year (being land which was included in an area aid application made under Commission Regulation 3887/92 in that preceding year and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation or is relevant afforested land) is equivalent to 1.4 livestock units per hectare of that eligible land.
2
A compensatory allowance for cattle shall not be paid in respect of any breeding cow the use of which for breeding would not, in the opinion of the appropriate Minister, be in accordance with sound husbandry practice.
3
Where in any Scheme year a claimant uses unsuitable supplementary feeding methods the appropriate Minister may reduce or withhold the compensatory allowance for cattle otherwise payable to him in respect of that Scheme year in accordance with paragraph (4).
4
Where the claimant was not penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year the compensatory allowance for cattle otherwise payable to him may be reduced by 10%; where the claimant was penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year but not in the Scheme year preceding that one the compensatory allowance for cattle otherwise payable to him may be reduced by 20%; and where the claimant has been penalised under this regulation for using unsuitable supplementary feeding methods in each of the two preceding Scheme years the compensatory allowance for cattle otherwise payable to him may be withheld.
5
Where, in the opinion of the appropriate Minister, an appreciable quantity of milk has been produced by a regular breeding herd in the period of 12 months immediately preceding the qualifying day and has been sold or used for the manufacture of milk products for sale, a compensatory allowance shall be payable in relation to the Scheme year relevant to that qualifying day in respect of the number of breeding cows comprised in the herd on that day, reduced by such number as appears to the appropriate Minister to be the number of cows in the herd required to produce that quantity of milk in that period.
Provisions with respect to sheep
5
1
The number of ewes in respect of which a compensatory allowance may be paid in relation to any Scheme year shall be the least of–
a
the number of ewes comprised in the flock on the qualifying day for that Scheme year;
b
the number of ewes held by the claimant on eligible land, or on eligible land and other land used with it, for a period of four months from the day following the qualifying day for that Scheme year;
c
the number of ewes which, in the opinion of the appropriate Minister, is reasonable, having regard to the number of lambs produced in the twelve months preceding the qualifying day for that Scheme year or, in the case of a flock newly established or re–established in that year, in such shorter period as the appropriate Minister may determine;
d
a number calculated at the rate of–
i
six ewes for each hectare of severely disadvantaged land, and
ii
nine ewes for each hectare of disadvantaged land,
which was included in an area aid application made under Commission Regulation 3887/92 in the year preceding that Scheme year and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation or which is relevant afforested land; or
e
the number of ewes which, when added to the number of breeding cows comprised in a regular breeding herd grazed and maintained on eligible land available to the claimant’s flock and, as the case may be, herd in the year preceding that Scheme year (being land which was included in an area aid application made under Commission Regulation 3887/92 in that preceding year and was determined by the appropriate Minister to be eligible forage area for the purposes of that Regulation or is relevant afforested land) is equivalent to 1.4 livestock units per hectare of that eligible land.
2
A compensatory allowance for sheep shall not be paid in respect of any ewe the use of which for breeding would not, in the opinion of the appropriate Minister, be in accordance with sound husbandry practice.
3
Where in any Scheme year a claimant uses unsuitable supplementary feeding methods the appropriate Minister may reduce or withhold the compensatory allowance for sheep otherwise payable to him in respect of that Scheme year in accordance with paragraph (4).
4
Where the claimant was not penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year the compensatory allowance for sheep otherwise payable to him may be reduced by 10%; where the claimant was penalised under this regulation for using unsuitable supplementary feeding methods in the preceding Scheme year but not in the Scheme year preceding that one the compensatory allowance for sheep otherwise payable to him may be reduced by 20%; and where the claimant has been penalised under this regulation for using unsuitable supplementary feeding methods in each of the two preceding Scheme years the compensatory allowance for sheep otherwise payable to him may be withheld.
Overgrazing
6
1
Subject to paragraph (3), where in the year preceding the opening date for lodging claims for compensatory allowances in respect of any given Scheme year the appropriate Minister forms the opinion that any parcel of land is being overgrazed that Minister may notify the occupier of the maximum number of cattle which may be grazed and maintained on that parcel in that Scheme year, which number shall be determined by taking account of the number of other animals likely to be grazed and maintained on the parcel concerned in the Scheme year in question and having regard to such conditions as may be specified in the notification.
2
Subject to paragraph (3), where in the year preceding the opening date for lodging claims for compensatory allowances in respect of any given Scheme year the appropriate Minister forms the opinion that any parcel of land is being overgrazed that Minister may notify the occupier of the maximum number of sheep which may be grazed and maintained on that parcel in that Scheme year, which number shall be determined by taking account of the number of other animals likely to be grazed and maintained on the parcel concerned in the Scheme year in question and having regard to such conditions as may be specified in the notification.
3
The appropriate Minister may in the year preceding the opening date for lodging claims for compenstory allowances in respect of any given Scheme year issue a notification under paragraph (1) or (2) even where there is no evidence that the parcel of land to which it relates is being overgrazed if he has previously made such a notification in respect of that parcel having formed the opinion that it was being overgrazed.
4
Where the appropriate Minister has made a notification under paragraph (1) or (2) no compensatory allowance shall be paid in respect of the Scheme year for which it was issued for any cattle or as the case may be sheep grazed and maintained in that Scheme year on the land to which it relates in excess of the maximum number of such animals specified in it.
Claims for compensatory allowances
7
1
A claim for a compensatory allowance in respect of any Scheme year shall be lodged with the appropriate Minister between and including 15th November in the preceding year and 20th February in the Scheme year in respect of which the claim is made.
2
A claim for a compensatory allowance shall be made in such form as the appropriate Minister may require, and no person shall make more than one such claim in respect of any Scheme year.
Powers of authorised persons
8
1
An authorised person may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of–
a
carrying out any specified control measure;
b
ascertaining whether an offence under regulation 13 has been or is being committed; or
c
ensuring that compensatory allowances under these Regulations are paid in proper cases only.
2
An authorised person may enter any land, other than land used only as a dwelling, which is, or which such person has reasonable cause to believe to be, occupied by a claimant or used by him for grazing a herd or flock to which a claim for a compensatory allowance relates.
3
An authorised person who has entered any land by virtue of this regulation may–
a
inspect and verify the total area of that land, including forage area;
b
inspect and count any animals on that land and read the ear–tags or other identification marks of any such animals;
c
carry out any other activity which is a specified control measure; and
d
inspect that land for the purposes of determining whether or not it has been overgrazed or unsuitable supplementary feeding methods have been used on it.
4
An authorised person entering any land by virtue of this regulation may take with him such other persons acting under his instructions as he considers necessary.
5
An authorised person may–
a
require a claimant or any employee, servant or agent of a claimant to produce any document or other record in his possession or under his control relating to any animals kept or formerly kept by him, and to supply such additional information in that person’s possession or under his control relating to a claim for a compensatory allowance as the authorised person may reasonably request;
b
inspect any document or other record referred to in sub–paragraph (a) of this paragraph and, where any such record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with that record;
c
make such copies of any document or other record referred to in sub–paragraph (a) of this paragraph as he may think fit; and
d
seize and retain any document or other record referred to in sub–paragraph (a) of this paragraph which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised persons
9
A claimant, any employee, servant or agent of a claimant or any person in charge of animals on the land shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred by regulation 8 and in particular, in relation to any animal, shall arrange for the collection, penning and securing of such animal, if so requested.
Release from undertaking
10
A claimant is by virtue of this regulation released from the undertaking referred to in regulation 3(2)–
a
at the moment he first receives a retirement pension;
b
if he is prevented from continuing to discharge that undertaking by reason of any material circumstances beyond his control; or
c
if he ceases farming and at least 3 hectares of his eligible land, or the eligible land used by him for the grazing of animals, continues to be used for agricultural purposes.
Withholding or recovery of compensatory allowance
11
1
Where any person fails to comply with the terms of an undertaking given by him under regulation 3(2), from which he has not been released by virtue of regulation 10, the appropriate Minister shall be entitled to withhold or to recover on demand the whole or any part of any compensatory allowance payable or paid to him.
2
Where a claimant, or an employee, servant or agent of a claimant, intentionally obstructs an authorised person or a person accompanying such authorised person and acting under his instructions from exercising any power conferred by regulation 8, or fails without reasonable excuse to comply with a requirement made by an authorised person under regulation 8 or a request made by an authorised person when carrying out any such power, the appropriate Minister shall be entitled to withhold or to recover on demand from that claimant the whole or any part of any compensatory allowance payable or paid to him.
3
Where any person, with a view to obtaining payment to himself or to any other person of a compensatory allowance, makes any statement or furnishes any information which is false or misleading in a material particular, the appropriate Minister shall be entitled to withhold or to recover on demand the whole or any part of any compensatory allowance payable or paid to him or to such other person.
4
Where the appropriate Minister has made a notification under regulation 6(1) or (2) and is satisfied that–
a
any condition specified in that notification has been breached; or
b
more breeding cows or as the case may be ewes than the maximum number specified in the notification have been grazed and maintained on the parcel of land to which it relates in the Scheme year for which it was issued,
he may withhold or recover on demand the whole or any part of any compensatory allowance otherwise payable or as the case may be already paid to the recipient of the notification for the Scheme year to which it relates.
Rate of interest
12
Except where the appropriate Minister recovers from any claimant any compensatory allowance or part of any compensatory allowance paid to that claimant as a result of an error of that Minister, for the purpose of Article 14(1) of Commission Regulation 3887/92 interest shall be charged at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day–to–day basis for the period specified in that Article.
Offences
13
It shall be an offence for a person–
a
intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 8;
b
without reasonable excuse, to fail to comply with a requirement made under regulation 8 or a request made under regulation 9; or
c
knowingly or recklessly to make a statement or furnish any information which is false or misleading in a material particular where the statement is made or the information is furnished for the purposes of obtaining for himself or any other person the whole or any part of any compensatory allowance.
Punishment of offences
14
1
A person guilty of an offence under regulation 13(a) or (b) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person guilty of an offence under regulation 13(c) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Time limit for prosecutions
15
1
Proceedings for an offence under regulation 13 may, subject to paragraph (2), be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings comes to his knowledge.
2
No such proceedings shall be commenced by virtue of this regulation more than twelve months after the commission of the offence.
3
For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
4
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
5
In relation to proceedings in Scotland, subsection (3) of section 331 of the Criminal Procedure (Scotland) Act 1975 (date of commencement of proceedings) shall apply for the purposes of this regulation as it applies for the purposes of that section.
Offences by bodies corporate
16
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of–
a
any director, manager, secretary or other similar officer of the body corporate; or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
3
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.
Revocation and saving
17
The Hill Livestock (Compensatory Allowances) Regulations 1993, the Hill Livestock (Compensatory Allowances) (Amendment) (No. 2) Regulations 1993 and the Hill Livestock (Compensatory Allowances) (Amendment) Regulations 1994 are hereby revoked, except in relation to any compensatory allowance paid in respect of the 1994 Scheme year.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 20th October 1994.
William Waldegrave
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under Secretary of State, Scottish Office
20th October 1994


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Act of Sederunt may be cited as the Act of Sederunt (Rules of the Court of Session 1994 Amendment No.1) (Commercial Actions) 1994 and shall come into force on 20th September 1994.
2
This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of the Rules of the Court of Session
2
1
The Rules of the Court of Session 1994 shall be amended in accordance with the following sub-paragraphs.
2
After rule 10.6 (Lord Ordinary in Exchequer Causes), insert the following rule: —
Hearing of commercial actions
10.7
A commercial judge nominated under rule 47.2 (proceedings before commercial judge) may hear and determine a commercial action as defined by rule 47.1(2) when the court is in session or in vacation.
.
3
In rule 38.4 (leave to reclaim etc. in certain cases), after paragraph (5) insert the following paragraphs: —
6
An interlocutor granting or refusing a motion under rule 47.10(1) (appointing action to be a commercial action) may be reclaimed against only with the leave of the commercial judge within 14 days after the date on which the interlocutor was pronounced.
7
An interlocutor pronounced on the Commercial Roll, other than a final interlocutor, may be reclaimed against only with the leave of the commercial judge within 14 days after the date on which the interlocutor was pronounced.
.
4
For Chapter 47, substitute the following Chapter: —
CHAPTER 47
COMMERCIAL ACTIONS
Application and interpretation of this Chapter
47.1
1
This Chapter applies to a commercial action.
2
In this Chapter —
“commercial action” means an action arising out of, or concerned with, any transaction or dispute of a commercial or business nature in which an election has been made under rule 47.3(1) or which has been transferred under rule 47.10;
“preliminary hearing” means a hearing under rule 47.11;
“procedural hearing” means a hearing under rule 47.12.
Proceedings before commercial judge
47.2
All proceedings in the Outer House in a commercial action shall be brought before a judge of the court nominated by the Lord President as a commercial judge or, where a commercial judge is not available, any other judge of the court (including the vacation judge); and “commercial judge” shall be construed accordingly.
Election of procedure for commercial actions and form of summons
47.3
1
The pursuer may elect to adopt the procedure in this Chapter by bringing an action in which there are inserted the words “Commercial Action” immediately below the words “IN THE COURT OF SESSION” where they occur above the instance, and on the backing, of the summons and any copy of it.
2
A summons in a commercial action shall —
a
specify, in the form of conclusions, the orders sought;
b
identify the parties to the action and the transaction or dispute from which the action arises;
c
summarise the circumstances out of which the action arises; and
d
set out the grounds on which the action proceeds.
3
There shall be appended to a summons in a commercial action a schedule listing the documents founded on or adopted as incorporated in the summons.
Disapplication of certain rules
47.4
1
The requirement in rule 4.1(4) for a step of process to be folded lengthwise shall not apply in a commercial action.
2
An open record shall not be made up in, and Chapter 22 (making up and closing records) shall not apply to, a commercial action unless otherwise ordered by the court.
3
The following rules shall not apply to a commercial action: —
rule 6.2 (fixing and allocation of diets in Outer House),
rule 25.1(3) (form of counterclaim),
rule 25.2(2) (applications for warrants for diligence in counterclaims),
rule 36.3 (lodging productions).
Procedure in commercial actions
47.5
Subject to the provisions of this Chapter, the procedure in a commercial action shall be such as the commercial judge shall order or direct.
Defences
47.6
1
Defences in a commercial action shall be in the form of answers to the summons with any additional statement of facts or legal grounds on which it is intended to rely.
2
There shall be appended to the defences in a commercial action a schedule listing the documents founded on or adopted as incorporated in the defences.
Counterclaims and third party notices
47.7
1
A party seeking to lodge a counterclaim or to serve a third party notice shall apply by motion to do so.
2
The commercial judge shall, on a motion to lodge a counterclaim or to serve a third party notice, make such order and give such directions as he thinks fit with regard to —
a
the time within which a counterclaim may be lodged or a third party notice served and any answers lodged;
b
where the motion is made before the preliminary hearing, a date for the preliminary hearing if it is to be a date other than the date referred to in rule 47.8(2); and
c
any application for a warrant to use any form of diligence which would have been permitted under rule 13.6(c) (warrants for diligence in summons) had the warrant been sought in a summons in a separate action.
3
Paragraphs (2) and (3) of rule 47.3 shall apply to the form of a counterclaim as they apply to the form of a summons.
Commercial Roll
47.8
1
All proceedings in an action in which an election has been made under rule 47.3(1) or which has been transferred under rule 47.10 shall, in the Outer House, be heard and determined on the Commercial Roll on such dates and at such times as shall be fixed by the commercial judge.
2
A commercial action shall call on the Commercial Roll for a preliminary hearing within 14 days after defences have been lodged.
3
The appearance of a commercial action on the Commercial Roll for a hearing on a specified date shall not affect the right of any party to apply by motion at any time under these Rules.
Withdrawal of action from Commercial Roll
47.9
1
At any time before or at the preliminary hearing, the commercial judge shall —
a
on the motion of a party, withdraw a commercial action from the procedure in this Chapter and appoint it to proceed as an ordinary action where, having regard to —
i
the likely need for detailed pleadings to enable justice to be done between the parties,
ii
the length of time required for preparation of the action, or
iii
any other relevant circumstances,
he is satisfied that the speedy and efficient determination of the action would not be served by the cause being dealt with as a commercial action; and
b
on the motion of a party with the consent of all other parties, withdraw a commercial action from the Commercial Roll and appoint it to proceed as an ordinary action.
2
If a motion to withdraw a commercial action from the Commercial Roll made before or renewed at a preliminary hearing is refused, no subsequent motion to withdraw the action from the Commercial Roll shall be considered except on special cause shown.
Transfer of action to Commercial Roll
47.10
1
In an action within the meaning of rule 47.1(2) (definition of commercial action) in which the pursuer has not made an election under rule 47.3(1), any party may apply by motion at any time to have the action appointed to be a commercial action on the Commercial Roll.
2
A motion enrolled under paragraph (1) shall be heard by the commercial judge on such a date and at such a time as the Keeper of the Rolls shall fix in consultation with the commercial judge.
3
Where an interlocutor is pronounced under paragraph (1) appointing an action to be a commercial action on the Commercial Roll, the action shall be put out by order for a preliminary hearing within 14 days —
a
if defences have been lodged, after the date of that interlocutor; or
b
if defences have not been lodged, after defences have been lodged.
Preliminary hearing
47.11
1
Unless a commercial action is withdrawn under rule 47.9 from the Commercial Roll then, at the preliminary hearing of a commercial action in which an election has been made under rule 47.3(1), the commercial judge —
a
shall determine whether and to what extent and in what manner further specification of the claim and defences should be provided;
b
may make an order in respect of any of the following matters: —
i
detailed written pleadings to be made by a party either generally or restricted to particular issues;
ii
a statement of facts to be made by one or more parties either generally or restricted to particular issues;
iii
the allowing of an amendment by a party to his pleadings;
iv
disclosure of the identity of witnesses and the existence and nature of documents relating to the action or authority to recover documents either generally or specifically;
v
documents constituting, evidencing or relating to the subject-matter of the action or any invoices, correspondence or similar documents relating to it to be lodged in process within a specified period;
vi
each party to lodge in process, and sent to every other party, a list of witnesses;
vii
reports of skilled persons or witness statements to be lodged in process;
viii
affidavits concerned with any of the issues in the action to be lodged in process; and
ix
the action to proceed to a hearing without any further preliminary procedure either in relation to the whole or any particular aspect of the action;
c
may fix the period within which any such order shall be complied with;
d
may continue the preliminary hearing to a date to be appointed by him; and
e
may make such other order as he thinks fit for the speedy determination of the action.
2
Where the commercial judge makes an order under paragraph (1)(b)(i) or (ii) or (c), he may ordain the pursuer to —
a
make up a record; and
b
lodge that record in process within such period as the commercial judge thinks fit.
3
At the conclusion of the preliminary hearing, the court shall, unless it has made an order under paragraph (1)(b)(ix) (order to proceed without a further hearing), fix a date for a procedural hearing to determine further procedure.
4
The date fixed under paragraph (3) for a procedural hearing shall not be extended except on special cause shown on a motion enrolled not less than 7 days before the date fixed for the procedural hearing.
Procedural hearing
47.12
1
Not less than 3 days before the date fixed under rule 47.11(3) for the procedural hearing, each party shall —
a
lodge a written statement of his proposals for further procedure which shall, inter alia , state —
i
whether he seeks to have the commercial action appointed to debate or to have the action sent to proof on the whole or any part of it; and
ii
what the issues are which he considers should be sent to debate or proof;
b
lodge a list of the witnesses he proposes to cite or call to give evidence, identifying the matters to which each witness will speak;
c
lodge the reports of any skilled persons;
d
where it is sought to have the action appointed to debate, lodge a note of argument consisting of concise numbered paragraphs stating the legal propositions on which it is proposed to submit that any preliminary plea should be sustained or repelled with reference to the principal authorities and statutory provisions to be founded on; and
e
send a copy of any such written statement, lists, reports or note of argument, as the case may be, to every other party.
2
At the procedural hearing, the commercial judge —
a
shall determine whether the commercial action should be appointed to debate or sent to proof on the whole or any part of the action;
b
where the action is appointed to debate or sent to proof, may order that written arguments on any question of law should be submitted;
c
where the action is sent to proof, may determine whether evidence at the proof should be by oral evidence, the production of documents or affidavits on any issue;
d
may determine, in the light of any witness statements, affidavits or reports produced, that proof is unnecessary on any issue;
e
may direct that there should be consultation between skilled persons with a view to reaching agreement about any points held in common;
f
without prejudice to Chapter 12 (assessors), may appoint an expert to examine, on behalf of the court, any reports of skilled persons or other evidence submitted and to report to the court within such period as the commercial judge may specify;
g
may remit an issue to a person of skill;
h
may direct that proof of the authenticity of a document or other formal matters may be dispensed with;
i
if invited to do so by all parties, direct the action to be determined on the basis of written submissions, or such other material, without any oral hearing; and
j
may continue the procedural hearing to a date to be appointed by him.
Debates
47.13
Chapter 28 (procedure roll) shall apply to a debate ordered in a commercial action under rule 47.12(2)(a) as it applies to a cause appointed to the Procedure Roll.
Lodging of productions for proof
47.14
1
Any document not previously lodged required for any proof in a commercial action shall be lodged as a production not less than 7 days before the date fixed for the proof.
2
No document may be lodged as a production after the date referred to in paragraph (1), even by agreement of all parties, unless the court is satisfied that any document sought to be lodged could not with reasonable diligence have been lodged in time.
Hearings for further procedure
47.15
At any time before final judgment, the commercial judge may, at his own instance or on the motion of any party, have a commercial action put out for hearing for further procedure; and the commercial judge may make such order as he thinks fit.
Failure to comply with rule or order of commercial judge
47.16
Any failure by a party to comply timeously with a provision in these Rules or any order made by the commercial judge in a commercial action shall entitle the judge, at his own instance —
a
to refuse to extend any period for compliance with a provision in these Rules or an order of the court,
b
to dismiss the action or counterclaim, as the case may be, in whole or in part,
c
to grant decree in respect of all or any of the conclusions of the summons or counterclaim, as the case may be, or
d
to make an award of expenses,
as he thinks fit.
.
5
In rule 73.2 (form of applications for rectification of documents), for paragraph (2) substitute the following paragraph: —
2
An application to which this Chapter applies may be made —
a
in an action to which Chapter 47 (commercial actions) applies, by summons or by a conclusion ancillary to other conclusions in the summons; or
b
in any other action, by a conclusion ancillary to other conclusions in a summons.
.
J.A.D. Hope
Lord President, I.P.D.
Edinburgh
25th August 1994


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (London Borough of Enfield) Order 1994 and shall come into force on 4th July 1994.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
a reference in the Schedule to a number followed by the letter “m” is a reference to that number of metres; and
where a road referred to in the Schedule to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in the Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.
Designation of special parking area
3
1
The Secretary of State hereby designates the London borough of Enfield except the roads named or described in the Schedule to this Order as a special parking area.
2
The descriptions of the A10 and A406 at items 1 and 2 of the Schedule shall be taken to include only the main carriageways of the A10 and A406 and the footways immediately adjacent to those carriageways and, accordingly, the service roads comprised in the A10 and the A406 to their respective junctions with those carriageways are included in the special parking area.
3
A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.
Modification of the Road Traffic Regulation Act 1984
4
1
Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the London borough of Enfield as if —
a
at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and
b
after subsection (1) there were inserted the following subsection: —
1A
In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (London Borough of Enfield) Order 1994.
2
Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted —
i
a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or
ii
a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,
as they may require.
Modification of the Road Traffic Act 1991
5
1
Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.
2
Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection: —
4
The grounds are —
a
that there were no reasonable grounds for the parking attendant concerned to believe that either —
i
the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or
ii
the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;
b
that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;
c
that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;
d
in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or
e
that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.
3
Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the London borough of Enfield as if, after the words “section 69”, there were inserted the words “or section 77(4)”.
4
Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.
5
Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if —
a
in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and
b
in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
6th June 1994


text:
Citation, commencement and effect
1
These Regulations may be cited as the Income Tax (Employments) (Notional Payments) Regulations 1994, shall come into force on 25th May 1994, and shall have effect with respect to notional payments made on or after that date.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“assessable” has the meaning given by section 203L(2) of the Taxes Act ;
“ the Board ” means the Commissioners of Inland Revenue;
“cash voucher” means a cash voucher to which section 143(1) of the Taxes Act applies;
“chargeable expense” has the same meaning as in section 141(1) of the Taxes Act ;
“cheque voucher” has the meaning given by section 141(7) of the Taxes Act;
“credit-token” has the same meaning as in section 142 of the Taxes Act ;
“employee” and “employer” have the meanings given by section 203L(1) of the Taxes Act;
“income tax period” has the meaning given by regulation 2(1) of the principal Regulations ;
“non-cash voucher” means a non-cash voucher to which section 141(1) of the Taxes Act applies;
“notional payment” has the meaning given by subsection (2)(a) of section 203J;
“the principal Regulations” means the Income Tax (Employments) Regulations 1993 ;
“section 203F”, “section 203G”, “section 203H”, “section 203I” and “section 203J” mean respectively section 203F, section 203G, section 203H, section 203I and section 203J of the Taxes Act;
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
Exclusion of property from section 203F
3
1
For the purposes of subsection (2)
of section 203F the property described in paragraph (2) below is property of a description excluded from the scope of that section.
2
The property described is any shares, or any right over or interest in any shares, forming part of the ordinary share capital of —
a
an employer which is a company (“the employer company”), or
b
a company which has control of the employer company, or
c
a company which either is, or has control of, a company which is a member of a consortium owning either the employer company or a company having control of the employer company.
3
For the purposes of paragraph (2)
above —
a
“company” has the meaning given by section 832(1) of the Taxes Act;
b
“control” has the meaning given by section 840 of the Taxes Act;
c
“ordinary share capital” has the meaning given by section 832(1) of the Taxes Act;
d
“share” includes stock;
e
a company is a member of a consortium owning another company if it is one of a number of companies which between them beneficially own not less than three-quarters of the other company s ordinary share capital and each of which beneficially owns not less than one-twentieth of that capital.
Exclusion of use of credit-token from section 203H
4
1
The use of a credit-token described in paragraph (2)
below is a description of use excluded from the scope of section 203H.
2
The use described is the use by an employee of a credit-token to obtain money in circumstances where the money —
a
is used to defray expenses, and
b
would not, if it had been paid directly to him by his employer, have been chargeableto income tax under Schedule E except by virtue of section 153 of the Taxes Act .
Exclusion of cash vouchers from section 203I
5
1
The provision of a cash voucher in either of the descriptions of circumstances specified in paragraphs (2) and (3) below is a provision of a cash voucher excluded from the scope of section 203I.
2
The description of circumstances specified in this paragraph is where —
a
the cash voucher provided for the employee is used to defray expenses, and
b
the amount for which the voucher is capable of being exchanged would not, if it had been paid directly to the employee by his employer, have been chargeable to income tax under Schedule E except by virtue of section 153 of the Taxes Act.
3
The description of circumstances specified in this paragraph is where the cash voucher is exchanged for an amount of money which —
a
is used to defray expenses, and
b
would not, if it had been paid directly to the employee by his employer, have been chargeable to income tax under Schedule E except by virtue of section 153 of the Taxes Act.
Notional payments — non-cash vouchers — time of payment
6
1
Paragraphs (2)
and (3) below make provision with respect to the time when a notional payment treated as made by virtue of subsection (1) of section 203G (non-cash vouchers) is made.
2
Where the non-cash voucher received by the employee is a cheque voucher, the notional payment is made at the time when the voucher is handed over in exchange for money, goods or services.
3
Where the non-cash vouche received by the employee is a voucher other than a cheque voucher, the notional payment is made at the time when the chargeable expense is incurred or, if later, at the time when the voucher is received by the employee.
4
For the purposes of paragraph (2) above, a voucher which is posted shall be treated as handed over at the time of posting.
Notional payments — deduction of income tax
7
1
Paragraph (2) below prescribes the time at which an employer shall deduct income tax in accordance with subsection (1) of section 203J in respect of a notional payment made by him of assessable income of an employee.
2
The time prescribed is any occasion on or after the time when the notional payment is made and falling within the same income tax period, on which the employer actually makes a payment of, or on account of, assessable income of that employee.
Notional payments — accounting for income tax where inability to deduct
8
1
Paragraph (2) below prescribes the time at which an employer shall account to the Board in accordance with subsection (3) of section 203J for an amount of income tax in respect of a notional payment made by him of assessable income of an employee.
2
The time prescribed is within 14 days of the end of the income tax period in which the notional payment was made.
Amendments to the principal Regulations — deduction of income tax from notional payments and returns
9
In regulations 14(2)(b) and 15(b) of the principal Regulations for the words “the deduction shall” in each place where they occur there shall be substituted the words “except where the deduction is of tax falling to be deducted in respect of a notional payment within the meaning given by section 203J(2) of the Taxes Act it shall”.
10
In regulation 46(2) of the principal Regulations —
a
the words “particulars of” shall be omitted after the words “paragraph are”;
b
in sub-paragraph (a) —
i
the words “, particulars of” shall be inserted after the words “paragraph (4)”;
ii
the word “and” immediately following paragraph (iv) shall be omitted and after that paragraph there shall be inserted —
iva
the amount of income tax in respect of any notional payment where that amount is treated by section 144A of the Taxes Act as income of the employee arising in that year, and
;
c
in sub-paragraph (b) the words “particulars of” shall be inserted before the words “any emoluments”.
11
In regulation 46(3) of the principal Regulations —
a
the words “particulars of” shall be omitted after the words “paragraph are”;
b
in sub-paragraph (a) the words “, particulars of” shall be inserted after the words “paragraph (4)”;
c
in sub-paragraph (b) the words “particulars of” shall be inserted before the words “any benefits”.
12
For regulation 46(4) of the principal Regulations there shall be substituted —
4
The payments and benefits referred to in this paragraph are —
a
i
payments falling within paragraph 1(1)(a) or (b) of Schedule 11A to the Taxes Act , and
ii
benefits falling within paragraph 1(1)(c) of that Schedule,
where the total value to the employee found under paragraph 24(2) of that Schedule does not exceed the qualifying limit for the time being specified in paragraph 24(9) of that Schedule and having effect in relation to that employee;
b
notional payments treated as made by virtue of any of sections 203F to 203H of the Taxes Act in respect of which the employer is under an obligation to deduct or, as the case may be, account for income tax in accordance with section 203J(1) or (3) of that Act.
.
Application of the principal Regulations to income tax accounted for where inability to deduct
13
1
The provisions of the principal Regulations specified in paragraph (2)
below shall apply to amounts accounted for in respect of notional payments in accordance with subsection (3) of section 203J as they apply in relation to deductions from actual payments, with the modifications specified in paragraphs (3) to (8) below.
2
The provisions specified are —
a
all provisions in Parts I, III , IV and V,
b
regulations 99 to 105 in Part VIII, and
c
regulation 109 in Part IX.
3
In regulation 2(1) in the definition of “total net tax deducted” after the words “repaid to the employee” there shall be added the words “, and the total tax accounted for in accordance with section 203J(3) of the Taxes Act”.
4
Regulations 14(2)(b) and 15(b) shall be omitted.
5
In regulation 40(2)(b) in the definition of “A” after the words “income tax month” there shall be added the words “, and all amounts of tax for which he was liable to account under section 203J(3) of the Taxes Act in respect of notional payments made by him in that month”.
6
In regulation 41(2)(b) in the definition of “A” after the words “income tax quarter” there shall be added the words “, and all amounts of tax for which he was liable to account under section 203J(3) of the Taxes Act in respect of notional payments made by him in that quarter”.
7
Regulation 42(2) and (3), and regulation 49(3) and (5)(b), shall be omitted.
8
In regulation 55(2)(a) after the words “deduction of tax from” there shall be inserted the words “, or the accounting of tax in respect of,”.
L J H Beighton
S C T Matheson
Two of the Commissioners of Inland Revenue
4th May 1994


text:
Citation and commencement
1
This Order may be cited as the International Headquarters and DefenceOrganisations (Designation and Privileges) (Amendment) Order 1994 and shall come into force on 1st July 1994.
Amendment of 1965 Order
2
In the Schedule to the International Headquarters and Defence Organisations (Designation and Privileges) Order 1965 (which designates headquarters and a defence organisation for the purposes of the 1964 Act)
a
in Part I, the words “The Headquarters of the Allied Commander in Chief Channel ( CINCHAN )” shall be deleted;
b
in Part II, the words “The Headquarters of the Commander in Chief of UK Air Forces ( CINCUKAIR )” shall be deleted;
c
at the end of Part II there shall be added the following entries
The Headquarters of the Commander in Chief Allied Forces North Western Europe ( HQ CINCAFNORTHWEST ).
The Headquarters of the Commander Allied Naval Forces North Western Europe ( HQ COMNAVNORTHWEST ).
The Headquarters of the Commander Allied Air Forces North Western Europe ( HQ COMAIRNORTHWEST ).
The NATO Airborne Early Warning Force Headquarters and the NATO E-3A Component.
.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Moorfields Eye Hospital National Health Service Trust (Establishment) Order 1994 and shall come into force on 21st March 1994.
2
In this Order unless the context otherwise requires–
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 21st March 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Moorfields Eye Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Moorfields Eye Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at the Moorfields Eye Hospital, 162 City Road, London EC1V 2PD and associated hospitals (including the management of its teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 non–executive directors and 5 executive directors.
2
Since the trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act, one of the non–executive directors shall be appointed from the University of London.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1994.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions–
a
of entering into NHS contracts;
b
of entering into other contracts, including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The Board of Governors of Moorfields Eye Hospital shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of premises to the trust.
2
The Board of Governors of Moorfields Eye Hospital shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non–executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub–committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Board of Governors of Moorfields Eye Hospital.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
23rd February 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rugby National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 10th February 1994.
2
In this Order —
“the Authority” means the Warwickshire Health Authority;
“the Trust” means the Rugby National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the North East Warwickshire Health Authority and the Trust on 31st March 1993, which schedule has been signed on behalf of both that Health Authority and the Trust.
Transfer of trust property
2
On 10th February 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
13th January 1994


text:
Citation and commencement
1
This Order may be cited as the Driving Licences (Designation of Relevant External Law) Order 1994 and shall come into force on 12th February 1994.
Designation of relevant external law
2
The law for the time being in force in the Isle of Man which corresponds to Part III of the Road Traffic Act 1988 is hereby designated as one which makes satisfactory provision for —
a
tests of competence to drive all classes of goods vehicle and all classes of passenger-carrying vehicle; and
b
the granting of licences to drive all classes of goods vehicle and all classes of passenger-carrying vehicle.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
22nd January 1994


text:
1
These Regulations may be cited as the Education (Mandatory Awards) (Amendment) (No. 2) Regulations 1994, and shall come into force on 1st January 1995.
2
The Education (Mandatory Awards) (No. 2) Regulations 1993 (“the principal Regulations”) are amended as follows.
3
In regulation 2 —
a
in the definition of “European student” delete the words “relevant territory” and replace them with the words “European Economic Area”; and
b
delete the definition of “relevant territory”.
4
In regulation 5 —
a
in paragraph (4) delete the words “relevant territory” in the two places where they appear and replace them with the words “European Economic Area”;
b
insert the following paragraph after paragraph (4):
5
For the purposes of these Regulations an area which —
a
was previously not part of the European Community or the European Economic Area, but
b
at any time before or after these Regulations come into force has become part of one or other or both of those areas
shall be considered to have always been part of the area of the European Economic Area.
; and
c
re-number the present paragraph (5) as paragraph (6).
5
In regulation 11(2) —
a
insert after sub-paragraph (b) the following sub-paragraph:
c
in the case of a person who becomes a European student as a result of the accession of the State of which he is a national to the European Community, where the application reaches the authority not later than four months after the date of the accession;
and
b
re-number the present sub-paragraphs (c) and (d) as sub-paragraphs (d) and (e) respectively.
6
In regulation 13 delete the words “relevant territory” in the three places where they appear and replace them with the words “European Economic Area”.
7
1
Re-number the present regulation 17 as regulation 17(1) and insert after the words “Subject to” the words “paragraphs (2) and (3) and”.
2
Insert after regulation 17(1) the following paragraphs:
2
Where the authority have come under a duty to bestow an award on a person during a year because he has become —
a
a European student as a result of the accession of the State of which he is a national to the European Community, or
b
a refugee, or the spouse or child of a refugee, as a result of the recognition of him, or his spouse or parent, as a refugee,
they shall deduct from the sums and grant payable in respect of that year in pursuance of the award under paragraph (1) the amounts referred to in paragraph (3).
3
The amounts to be deducted under paragraph (2) are —
a
from the sum payable in respect of fees under paragraph (1)(a), the amount of any instalment payable before the date on which the student became a European student or the refugee was recognised as a refugee, and
b
from the sum or grant payable in respect of maintenance under paragraph (1)(b), the proportion of that sum or grant which relates to the period before the date referred to in sub-paragraph (a).
3
For any reference in the principal regulations to a sub-paragraph of regulation 17 substitute a reference to the same sub-paragraph of regulation 17(1).
8
In paragraph 1(1)(k) of Schedule 3 after the words “mobility allowance” insert the words “severe disablement allowance”, after the number “35” insert the number “36” and after the number “64” insert the number “68”.
Gillian Shephard,
Secretary of State for Education
30th November 1994


text:
Citation and commencement
1
This Order may be cited as the Education (University Commissioners) Order 1994 and shall come into force on 30th December 1994.
Continuation of duties and powers
2
The University Commissioners' duties and powers shall continue for the period from 1st January 1995 until 1st April 1995.
Gillian Shephard
Secretary of State for Education
6th December 1994


text:
Citation and commencement
1
This Order may be cited as the National Health Service (District Health Authorities) Order 1994 and shall come into force on 1st April 1994.
Abolition of Authorities
2
The District Health Authorities specified in Schedule 1 to this Order are hereby abolished.
Establishment and names of new Authorities
3
For each of the districts determined by the National Health Service (Determination of Districts) Order 1994 and specified in column (1) of Schedule 2 to this Order there is established a District Health Authority which shall be known by the name specified in column (2) of that Schedule in relation to that district.
Amendment of the National Health Service (District Health Authorities) Order 1990
4
In the National Health Service (District Health Authorities) Order 1990 —
a
in article 3(2) (continuation of Authorities in England) for the words from “14 Parts” to “1981”there shall be subsituted the words “8 Parts”, each numbered Part corresponding with the number of a region specified in Schedule 3 to the National Health Service (Determination of Regions) Order 1994 ;
b
for Schedule 1 (District Health Authorities in England) there shall be substituted the new Schedule 1 set out in Schedule 3 to this Order.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
10th March 1994


text:
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) Regulations 1994 and shall come into force on 9th August 1994.
2
In section 97(7) of the Transport Act 1968 , in the definition of “the Community Recording Equipment Regulation”, for the words from “as amended” to “article 3 of” there shall be substituted the words “as it has effect in accordance with”, and after the words “16th November 1990 and” there shall be inserted the words “Commission Regulation ( EEC ) No. 3688/92 of 21st December 1992 , and”.
3
In regulation 1(3) of the Passenger and Goods Vehicles (Recording Equipment) Regulations 1979 , in the definition of “the Community Recording Equipment Regulation”, for the words from “as amended” to “article 3 of” there shall be substituted the words “as it has effect in accordance with”, and after the words “16th November 1990 and” there shall be inserted the words “Commission Regulation (EEC) No. 3688/92 of 21st December 1992, and”.
Signed by authority of the Secretary of State for Transport
Robert Key
Parliamentary Under Secretary of State,
Department of Transport
11th July 1994


text:
1
These Rules may be cited as the Trade Marks and Service Marks (Forms) (Revocation) Rules 1994 and shall come into force on 31st October 1994.
2
The Rules specified in the Schedule hereto are hereby revoked.
Ian Taylor
Parliamentary Under Secretary of State for Trade and Technology,
Department of Trade and Industry
5th October 1994


text:
1
This Order may be cited as the Public Telecommunication System Designation (Telstra (UK) Limited) Order 1994 and shall come into force on 7th June 1994.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patrick McLoughlin
Parliamentary Under Secretary of State
Department of Trade and Industry
28th April 1994


text:
1
These Regulations may be cited as the Value Added Tax (Accounting and Records) (Amendment) Regulations 1994 and shall come into force on 1st May 1994.
2
In regulation 5(3) of the Value Added Tax (Accounting and Records) Regulations 1989 , after the word “discovered” there shall be inserted the words “by the taxable person”.
Alexander W. Russell
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London,
SE1 9PJ
17th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scottish Ambulance Service National Health Service Trust (Establishment) Order 1994 and shall come into force on 29th November 1994.
2
In this Order–
“ the Act ” means the National Health Service (Scotland) Act 1978;
“establishment date” means 29th November 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 7A to the Act;
“the trust” means the Scottish Ambulance Service National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Scottish Ambulance Service National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 12A(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health boards or the Common Services Agency) shall be–
a
to manage ambulance and associated transport services;
b
to manage such other services, relating to the provision of care, as can reasonably be carried out in conjunction with the management of ambulance and associated transport services from the Scottish Ambulance Service National Headquarters, Tipperlinn Road, Edinburgh.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date in order to enable it to begin to operate satisfactorily from the operational date the trust shall have the limited functions of–
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment;
c
acquiring or disposing of land and other property; and
d
doing such other things as are reasonably necessary for the said purposes.
Assistance by the Agency before operational date
7
1
The Common Services Agency shall–
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Common Services Agency shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are–
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
4
The body specified for the purposes of paragraph 3(1)(f) of Schedule 7A to the Act (body which is to make the scheme under section 12B of the Act for the transfer of staff) in relation to the trust shall be the Common Services Agency.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 7A to the Act (maximum value of freely disposable assets) in relation to the trust shall be £500,000.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
25th November 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Worcester Royal Infirmary National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 15th June 1994.
2
In this Order–
“the Authority” means the Worcester and District Health Authority;
“the Trust” means the Worcester Royal Infirmary National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 26th January 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 15th June 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
18th May 1994


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Joint Financing) Regulations 1994 and shall come into force on 1st January 1995.
Interpretation
2
In these Regulations “authorised person” means any constable or any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases, and other expressions used in these Regulations shall, unless the context otherwise requires, have the same respective meanings as in the Air Navigation Order 1989 .
Revocation
3
The Regulations specified in Schedule 1 hereto are hereby revoked.
Charges for services provided by the Governments of Denmark and Iceland
4
1
In respect of each crossing between Europe and North America by an aircraft, wherever registered, in the course of which the aircraft is at any time north of the 45th parallel North between the meridians of 15° West and 50° West, the operator of the aircraft shall, upon completion of the crossing, pay to the CAA a charge of £40.70 computed as follows —
in respect of air navigation services provided by the Government of Denmark for such crossings £10.88;
in respect of air navigation services provided by the Government of Iceland for such crossings £29.82.
2
If an aircraft, wherever registered, without making a crossing between Europe and North America, makes one of the following crossings, that is to say between Greenland and Canada, Greenland and the United States of America, Greenland and Iceland or Iceland and Europe, the operator of the aircraft shall pay to the CAA in respect of each crossing upon completion thereof, one third of the amount of the charges specified in paragraph (1).
3
If an aircraft, wherever registered, without making a crossing between Europe and North America, makes one of the following crossings, that is to say between Greenland and Europe, Iceland and Canada or Iceland and the United States of Amercia, the operator of the aircraft shall pay to the CAA in respect of each crossing upon completion thereof, two thirds of the amount of the charges specified in paragraph (1).
4
If an aircraft, wherever registered, without making a crossing for which a charge is specified in paragraph (1), (2) or (3), makes a crossing —
a
between any point and Europe, or
b
between any point and Iceland
in the course of which the aircraft does not cross the coast of North America but does cross the meridian of 30° West north of the 45th parallel North, the operator shall pay to the CAA in respect of each crossing upon completion thereof, one third of the amount of the charges specified in paragraph (1).
5
If the CAA is unable, after taking reasonable steps, to ascertain who is the operator, it may give notice to the owner of the aircraft that it will treat him as the operator until he establishes to the reasonable satisfaction of the CAA that some other person is the operator; and from the time when the notice is given the CAA shall be entitled, for so long as the owner is unable to establish as aforesaid that some other person is the operator, to treat the owner as if he were the operator, and for that purpose the provisions of these Regulations (other than this paragraph) shall apply to the owner as if he were the operator.
6
For the purposes of this regulation —
a
a crossing shall be counted whether or not the aircraft takes off or lands in the areas mentioned;
b
“Europe” shall not include Iceland or the Azores.
Dispensations
5
The CAA may dispense wholly or in part with any charge payable under regulation 4 of these Regulations, if it determines that it is proper to do so, having regard to all the circumstances of the case.
Detention and sale of the aircraft for unpaid charges
6
Where default is made in the payment of charges incurred in respect of any aircraft under these Regulations, the CAA or an authorised person may, subject to the provisions of this and the following regulations, take such steps as are necessary to detain, pending payment, either,
a
the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
b
any other aircraft of which the person in default is the operator at the time when the detention begins;
and if the charges are not paid within 56 days of the date when the detention begins, the CAA may, subject to the following regulations, sell the aircraft in order to satisfy the charges.
7
The CAA or the authorised person concerned shall not detain, or continue to detain, an aircraft under these Regulations by reason of any alleged default in the payment of charges payable under these Regulations if the operator of the aircraft or any other person claiming an interest therein —
a
disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 6(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
b
gives to the CAA, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
8
The CAA shall not sell an aircraft under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to the CAA for -charges under these Regulations, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell is liable to sale under these Regulations by reason of the default.
9
The CAA shall, before applying to the court for leave to sell an aircraft under these Regulations, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in Schedule 2 to these Regulations. If such leave is given, the CAA shall secure that the aircraft is sold for the best price that can reasonably be obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
10
The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say —
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of the charges in respect of any aircraft which the court has found to be due from the operator by virtue of these or any other Regulations under section 73 of the Civil Aviation Act 1982;
d
in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.
11
The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 7 and 10 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
12
The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
13
The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on an aerodrome to which section 88 of the Civil Aviation Act 1982 for the time being applies.
14
Nothing in these Regulations shall prejudice any right of the CAA to recover any charges, or any part thereof, by action.
Disposal by the CAA of charges received under the Regulations
15
1
Subject to paragraphs (2) and (3) of this regulation, the CAA shall remit to the Governments of Denmark and Iceland such sums as it may receive under these Regulations in respect of air navigation services provided respectively by those Governments.
2
The CAA shall deduct from the sums so received a sum of 9.705% thereof and shall remit this sum to the International Civil Aviation Organisation in respect of air navigation services provided by that Organisation.
3
The CAA may deduct from the sums so received and may retain as a fee a sum not exceeding 5% thereof.
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
23rd November 1994
We consent to the making of regulations 4 and 5 of these Regulations.
Tim Wood
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
29th November 1994


text:
1
This Order may be cited as the Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994 and shall come into force on 27th June 1994.
2
The prosecuting authorities specified in the Schedule to this Order are hereby prescribed for the purposes of section 1 of the Bail (Amendment) Act 1993.
Michael Howard
One of Her Majesty’s Principal Secretaries of State
Home Office
25th May 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mount Vernon Hospital National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 31st March 1994.
2
In this Order —
“the Authority” means the Hillingdon Health Authority;
“the Trust” means the Mount Vernon Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 15th November 1993, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 31st March 1994 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under-Secretary of State,
Department of Health
10th March 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Town and Country Planning (Control of Advertisements) (Amendment) Regulations 1994 and shall come into force on 1st October 1994.
2
In these Regulations —
“the principal Regulations ” means the Town and Country Planning (Control of Advertisements) Regulations 1992 ;
“the Class 4 conditions” means the conditions and limitations applicable to advertisements described in Classes 4A and 4B in Part I of Schedule 3 to the principal Regulations; and
“the Class 8 conditions” and “the Class 9 conditions” mean the conditions and limitations applicable to advertisements described in Class 8 and in Class 9, respectively, in that Part.
Amendment of the principal Regulations
2
The principal Regulations are amended in accordance with regulations 3 to 9 below.
Definition of “statutory undertaker”
3
In regulation 2(1), in the definition of “statutory undertaker” —
a
for “the British Coal Corporation” substitute “the Coal Authority or any licensed operator within the meaning of section 65(1) of the Coal Industry Act 1994”; and
b
before “the Post Office” insert “any person who is a licence holder, or who has the benefit of a licence exemption, within the meaning of Part I of the Railways Act 1993,” .
Classes of advertisements to which Parts II and III of the principal Regulations do not apply
4
In Schedule 2, in Class F, for “European Assembly” substitute “European Parliamentary”.
Illuminated advertisements on business premises
5
In Part I of Schedule 3, in Class 4 —
a
in the descriptions of Classes 4A and 4B, for the words after “carried on”, substitute in each case “, the goods sold or services provided, or the name or qualifications of the person carrying on the business, or supplying the goods or services, on those premises.”;
b
for paragraph (4) of the Class 4 conditions substitute the following —
4
Illumination may be —
a
by halo illumination, or
b
so long as no part of the background of the advertisement is illuminated, by illumination of each character or symbol of the advertisement from within.
;
c
in paragraph (5) of the Class 4 conditions for “animation or reflective material” substitute “or animation”; and
d
in paragraph (6) of the Class 4 conditions for “The luminance” substitute “Where the method of illumination is that described in paragraph (4)(b), the luminance”.
Flag advertisements
6
In Part I of Schedule 3, for Class 7 substitute the following —
Class 7 Flag advertisements
Description
7A
An advertisement in the form of a flag attached to a single flagstaff projecting vertically from the roof of a building.
Conditions and Limitations
7A
—
1
No such advertisement is permitted other than one —
a
bearing the name or device of any person occupying the building; or
b
referring to a specific event (other than the offering of named goods for sale) of limited duration, which is taking place in the building, for the duration of that event.
2
No character or symbol on the flag may be more than 0.75 metre in height, or 0.3 metre in an area of special control.
Description
7B
An advertisement in the form of a flag attached to a single vertical flagstaff erected on a site which forms part of an area of land in respect of which planning permission has been granted for development of which the only or principal component is residential development and on which —
a
operations for the construction of houses are in progress pursuant to that permission, or
b
such operations having been completed, at least one of the houses remains unsold.
Conditions and Limitations
7B
—
1
No such advertisement is permitted within a conservation area, an area of outstanding natural beauty, a National Park, the Broads or an area of special control.
2
The number of such advertisements on the land concerned shall not exceed —
a
where the aggregate number of houses on that land does not exceed 10, one;
b
where the aggregate number of houses on that land exceeds 10 but does not exceed 100, two;
c
where the aggregate number of houses on that land exceeds 100, three.
3
No part of the flagstaff may be more than 4.6 metres above ground level.
4
No flag shall exceed 2 square metres in area.
5
No such advertisement shall be displayed after the expiration of the period of 1 year commencing on the day on which building operations on the land concerned have been substantially completed.
Advertisements on hoardings
7
In Part I of Schedule 3, in Class 8 —
a
in paragraph (2) of the Class 8 conditions for “one month” substitute “three months”;
b
in paragraph (3) of the Class 8 conditions for “6.1 metres long” substitute “12.1 metres long”; and
c
in paragraph (5) of the Class 8 conditions for “2 years” substitute “3 years”.
Advertisements on highway structures
8
In Part I of Schedule 3, in paragraph (1) of the Class 9 conditions, for “1.6 square metres” substitute “2.16 square metres”.
Interpretation of Part I of Schedule 3 to the principal Regulations
9
In Part II of Schedule 3 after paragraph 2 insert the following —
3
In relation to advertisements within Class 4A or Class 4B “halo illumination” means illumination from within built-up boxes comprising characters or symbols where the only source of light is directed through the back of the box onto an otherwise unilluminated backing panel.
4
1
For the purposes of Class 7B —
“aggregate number” means the aggregate of the number of houses constructed, in the course of construction or proposed to be constructed on the land concerned;
“flat” means a separate and self-contained set of premises constructed for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;
“house” includes a flat;
“planning permission” does not include any outline planning permission in relation to which some or all of the matters reserved for subsequent approval remain to be approved; and “the land concerned”, in relation to any development, means —
except in a case to which sub-paragraph (2) or (3) applies, the land to which the planning permission for the development relates;
in a case to which sub-paragraph (2) applies, the land on which a particular phase of that development was or, as the case may be, is being or is about to be carried out;
in a case to which sub-paragraph (3) applies, the part of the land to which the permission relates on which a person has carried out part of that development, or, as the case may be, is carrying it out or is about to carry it out.
2
Subject to sub-paragraph (3), this sub-paragraph applies where the development is carried out in phases.
3
This sub-paragraph applies where the development is carried out by two or more persons who each carry out part of it on a discrete part of the land to which the planning permission relates (whether the whole of the development or any part of it is carried out in phases or otherwise).
.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
22nd August 1994
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under-Secretary of State, Welsh Office
7th September 1994