text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 1994 and shall come into force on 1st August 1994.
2
In these Regulations —
“the Attendance Allowance Regulations ” means the Social Security (Attendance -Allowance) Regulations 1991 ; and
“the Disability Living Allowance Regulations ” means the Social Security (Disability Living Allowance) Regulations 1991 .
Amendment of the Attendance Allowance Regulations
2
1
The Attendance Allowance Regulations shall be amended in accordance with the following provisions of this regulation and in this regulation a reference to a numbered regulation is a reference to the regulation in those Regulations which bears that number.
2
In regulation 7 (persons in certain accommodation other than hospitals) —
a
in paragraph (1) for the words “regulation 8” there shall be substituted the words “regulations 7A and 8”;
b
in paragraph (3)(b) for the words from “, and has a preserved right” to “Regulations 1992” there shall be substituted the words “, and is a person to whom regulation 7A applies”; and
c
in paragraph (4A) for the words from “who does not have a preserved right” to “Regulations 1992” there shall be substituted the words “to whom regulation 7A does not apply”.
3
After regulation 7 there shall be inserted the following regulation —
Persons to whom regulations 7 and 8 apply with modifications
7A
1
This regulation applies where a person satisfies paragraph 1 or paragraph 2 of the Schedule to these Regulations.
2
Where this regulation applies —
a
regulation 7 shall have effect as if after paragraph (1) there were inserted the following paragraph —
1A
Paragraph (1)(b), in so far as it relates to enactments relating to persons under a disability not referred to in sub-paragraph (a), and paragraph (1)(c) shall not apply in the case of a person who is terminally ill where the Secretary of State has been informed of that fact —
a
on a claim for an attendance allowance;
b
on an application for review of an award of attendance allowance; or
c
in writing in connection with an award of, or a claim for, or an application for a review of an award of, attendance allowance.
; and
b
regulation 8 shall have effect as if —
i
in paragraph (1) for the words “subject to the following provisions of this regulation” there were substituted the words “subject to paragraph (3)”; and
ii
paragraphs (4) to (7) were omitted.
.
4
After regulation 8 (exemption from regulations 6 and 7) there shall be inserted the following regulations —
Adjustment of allowance where medical expenses are paid from public funds under war pensions instruments
8A
1
In this regulation —
“article 25B” means article 25B of the Personal Injuries (Civilians) Scheme 1983 (medical expenses) and includes that article as applied by article 48B of that Scheme;
“article 26” means article 26 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (medical expenses); and
in this regulation and regulation 8B “relevant accommodation” means accommodation provided as a necessary ancillary to nursing care where the medical expenses involved are wholly borne by the Secretary of State pursuant to article 25B or article 26.
2
This regulation applies where a person is provided with relevant accommodation.
3
Subject to regulation 8B, where this regulation applies and there are payable in respect of a person both a payment under either article 25B or article 26 and an attendance allowance, the allowance shall be adjusted by deducting from it the amount of the payment under article 25B or article 26, as the case may be, and only the balance shall be payable.
Exemption from regulation 8A
8B
1
Regulation 8A shall not, subject to the following provisions of this regulation, apply to a person in respect of the first 28 days of any period during which the amount of any attendance allowance would be liable to be adjusted by virtue of regulation 8A(3).
2
For the purposes of paragraph (1) two or more distinct periods separated by an interval not exceeding 28 days, or by two or more such intervals, shall be treated as a continuous period equal in duration to the aggregate of such distinct periods and ending on the last day of the later or last such period.
3
For the purposes of this paragraph a day is a relevant day in relation to a person if it fell not earlier than 28 days before the first day on which he was provided with relevant accommodation; and either —
a
was a day when he was undergoing medical treatment in a hospital or similar institution in any of the circumstances mentioned in regulation 6; or
b
was a day when he was, or would but for regulation 8 have been, prevented from receiving an attendance allowance by virtue of regulation 7(1);
and where there is in relation to a person a relevant day, paragraph (1) shall have effect as if for “28 days” there were substituted such lesser number of days as is produced by subtracting from 28 the number of relevant days in his case.
.
5
There shall be added to the Attendance Allowance Regulations the Schedule set out as Schedule 1 to these Regulations.
Amendment of the Disability Living Allowance Regulations
3
1
The Disability Living Allowance Regulations shall be amended in accordance with the following provisions of this regulation and in this regulation a reference to a numbered regulation is a reference to the regulation in the Disability Living Allowance Regulations which bears that number.
2
In regulation 9 (persons in certain accommodation other than hospitals) —
a
in paragraph (1) for the words “regulation 10” there shall be substituted the words “regulations 9A and 10”;
b
in paragraph (4)(c) for the words from “, and has a preserved right” to “Regulations 1992” there shall be substituted the words “, and is a person to whom regulation 9A applies”; and
c
in paragraph (5A) for the words from “who does not have a preserved right” to “Regulations 1992” there shall be substituted the words “to whom regulation 9A does not apply”.
3
After regulation 9 there shall be inserted the following regulations —
Persons to whom regulations 9 and 10 apply with modifications
9A
1
This regulation applies where a person satisfies paragraph 1 or paragraph 2 of Schedule 3 to these Regulations.
2
Where this regulation applies —
a
regulation 9 shall have effect as if after paragraph (2A) there were inserted the following paragraph —
2B
Paragraph (1)(b), in so far as it relates to enactments relating to persons under a disability or to education or training not referred to in sub-paragraph (a), and paragraph (1)(c) shall not apply in the case of a person who is terminally ill where the Secretary of State has been informed of that fact —
a
on a claim for a disability living allowance which is attributable to the care component;
b
on an application for a review of an award of disability living allowance which is attributable to the care component; or
c
in writing in connection with an award of, or a claim for, or an application for a review of an award of, the care component of a disability living allowance.
; and
b
regulation 10 (exemption from regulations 8 and 9) shall have effect as if —
i
in paragraph (1) for the words “subject to the following provisions of this regulation” there were substituted the words “subject to paragraphs (2) and (3)”; and
ii
paragraphs (6) to (9) were omitted.
.
4
After regulation 10 there shall be inserted the following regulations —
Adjustment of allowance where medical expenses are paid from public funds under war pensions instruments
10A
1
In this regulation —
“article 25B” means article 25B of the Personal Injuries (Civilians) Scheme 1983 (medical expenses) and includes that article as applied by article 48B of that Scheme;
“article 26” means article 26 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (medical expenses);
and in this regulation and regulation 10B “relevant accommodation” means accommodation provided as a necessary ancillary to nursing care where the medical expenses involved are wholly borne by the Secretary of State pursuant to article 25B or article 26.
2
This regulation applies where a person is provided with relevant accommodation.
3
Subject to regulation 10B, where this regulation applies and there are payable in respect of a person both a payment under article 25B or article 26 and a disability living allowance which is attributable to the care component, the allowance, in so far as it is so attributable, shall be adjusted by deducting from it the amount of the payment under article 25B or article 26, as the case may be, and only the balance shall be payable.
Exemption from regulation 10A
10B
1
Regulation 10A shall not, subject to the following provisions of this regulation, apply to a person in respect of the first 28 days of any period during which the amount of any disability living allowance attributable to the care component would be liable to be adjusted by virtue of regulation 10A(3).
2
For the purposes of paragraph (1) two or more distinct periods separated by an interval not exceeding 28 days, or by two or more such intervals, shall be treated as a continuous period equal in duration to the aggregate of such distinct periods and ending on the last day of the later or last such period.
3
For the purposes of this paragraph a day is a relevant day in relation to a person if it fell not earlier than 28 days before the first day on which he was provided with relevant accommodation; and either —
a
was a day when he was undergoing medical treatment in a hospital or similar institution in any of the circumstances mentioned in regulation 8; or
b
was a day when he was, or would but for regulation 10 have been, prevented from receiving a disability living allowance attributable to the care component by virtue of regulation 9(1);
and where there is in relation to a person a relevant day, paragraph (1) shall have effect as if for “28 days” there were substituted such lesser number of days as is produced by subtracting from 28 the number of relevant days in his case.
.
5
In regulation 12(2) (entitlement to the mobility component in the case of the blind and deaf) after the words “loss of hearing” there shall be inserted the words “when using any artificial aid which he habitually uses or which is suitable in his case”.
6
There shall be added to the Disability Living Allowance Regulations as Schedule 3 the Schedule which is set out as Schedule 2 to these Regulations.
Revocations
4
The following provisions are revoked —
a
paragraphs (3) to (6) of regulation 7 and paragraphs (3) to (6) of regulation 8 of the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations 1992 ; and
b
regulation 4 of the Social Security Benefits (Miscellaneous Amendments) .
Signed by authority of the Secretary of State for Social Security.
Nicholas Scott
Minister of State,
Department of Social Security
5th July 1994


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Areas)(London Borough of Wandsworth) (Amendment) Order 1994 and shall come into force on 28th November 1994.
Interpretation
2
In this Order “the principal order” means the Road Traffic (Special Parking Areas) (The London Borough of Wandsworth) Order 1993 .
Amendment of the principal order
3
1
The principal order shall be amended as follows.
2
In article 2 the definitions of “centre line” and “carriageway” shall be omitted.
3
Article 2 as so amended shall become paragraph (1) of article 2 and, after that paragraph, there shall be inserted the following paragraphs:
2
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.
3
A reference in the Schedule to this Order to a number followed by the letter “m” is a reference to that number of metres.
4
Article 3 shall be omitted.
5
For article 4 there shall be substituted:
4
1
The Secretary of State hereby designates the London borough of Wandsworth except —
a
the roads named or described in the Schedule to this Order; and
b
that part of Richmond Park which lies within the London borough of Wandsworth,
as a special parking area.
2
A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.
6
For the words “an area” in article 5(1)(b), there shall be substituted “the area”.
7
For the words “a special parking area” in article 5(2) and article 6(1), article 6(2) (in the first place where those words occur) and article 6(4) and (5) there shall in each case be substituted “the special parking area”.
8
For Schedules 1, 2 and 3, there shall be substituted the Schedule contained in the Schedule to this Order.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
1st November 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Lleyn Peninsula) Designation (Amendment) Order 1994 and shall come into force on 1st March 1994.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Lleyn Peninsula) Designation Order 1987 .
Amendments of the principal Order
3
1
The principal Order shall be further amended in accordance with the provisions of paragraphs (2) to (6) of this article.
2
For paragraph (1) of article 2 (interpretation) there shall be substituted the following paragraph —
1
In this Order —
“agreement” means an agreement under section 18(3) of the Agriculture Act 1986 as respects agricultural land in the area designated by article 3;
“bank” means a bank made of stone or earth falling within or forming the boundary of a field;
“boulder” means a rock projecting partly or wholly above the surface of the land to a height of at least 0.1 metres and covering a minimum area above ground of 0.5 square metres;
“broadleaved woodland” means land used for broadleaved woodland where that use is ancillary to the farming of land for other agricultural purposes;
“buffer zone” means a strip of land, other than land which is coastal belt, enclosed unimproved grassland, enclosed partially improved grassland, hay meadow, semi-natural rough grazings or wetland, which borders a rock outcrop and which is at least 2 metres wide;
“coastal belt” means land on cliff tops or coastal slopes comprising heath, where the vegetation consists primarily of dwarf shrubs, including ericoids and mari-time species, or grassland which includes maritime grass species;
“conservation headland” means a strip of arable land comprising an area between a line running parallel to a field boundary at a distance of 2 metres from that boundary and another line running parallel to that boundary at a distance of at least 6 metres from that boundary and upon which, by the selective use of pesticides, beneficial insects and broadleaved weeds are allowed to survive;
“enclosed partially improved grassland” means enclosed grassland which has not been regularly ploughed, levelled or reseeded but which has been modified by the application of herbicides, inorganic or organic fertiliser or by intensive grazing or drainage;
“enclosed unimproved grassland” means enclosed grassland which has not been regularly ploughed, levelled, drained or reseeded, or treated with inorganic or organic fertiliser, lime, herbicides or pesticides;
“farmer” means a person who has an interest in agricultural land in the area designated by article 3 and who also has entered into an agreement with the Secretary of State;
“hay meadow” means a meadow cut in the traditional manner the vegetation of which includes a mixture of native grasses, sedges and wild flowers;
“heather” means vegetation consisting of Calluna vulgaris, Erica tetralix, Erica cinerea or Vaccinium myrtillus;
“livestock unit” means —
1 bovine animal more than two years old, or
1.66 bovine animals from six months old to two years old inclusive, or
6.66 sheep;
“rock outcrop” means an area of land where a stratum of underlying rock is exposed above the surface of the ground and which covers an area above ground of not less than nine square metres;
“scrub” means vegetation consisting primarily of locally native shrubs usually less than five metres in height;
“semi-natural rough grazings” means land where the vegetation consists predominately of bent ( Agrostis ), fescue ( Festuca ), bracken ( Pteridium aqulinum ), purple moor grass ( Molinia caerulea ), mat grass ( Nardus stricta ), heather ( Calluna vulgaris, Erica tetralix, Erica cinerea or Vaccinium myrtillus ), cotton grass ( Eriophorm ) or deer grass ( Trichophorum cespitosum );
“traditional farm buildings” means buildings which are in current agricultural use, but excluding living accommodation, and which are built of materials traditional to the locality;
“wetland” means land with a water table at or just below the surface of the soil throughout the majority of the year and includes wet pasture, reed beds, fen bog, willow carr and, except insofar as such land is bordered by broadleaved woodland, coastal belt, enclosed unimproved grassland, enclosed partially improved grassland, hay meadow or semi-natural rough grazings, also includes a strip of land at least 10 metres wide adjoining such land.
.
3
In article 3 (designation of environmentally sensitive area) for “Plas Crug, Aberystwyth, Dyfed, SY23 1NG” there shall be substituted “Trawsgoed, Aberystwth, Dyfed, SY23 4HT”.
4
In article 5(a) (provision as to breach of the requirements to be included in agreement) the word “civil” shall be omitted.
5
For article 6 (rates of payment under agreement) there shall be substituted the following article —
Rates of payment under agreement
6
1
Subject to paragraph (2) below, the Secretary of State shall make payments under an agreement at the rate of £25 per annum for each hectare of land to which the agreement relates.
2
Where the area of land to which an agreement relates exceeds 20 hectares theSecretary of State shall make payments under the agreement for such land insofar as it exceeds 20 hectares at the following rates —
a
£17 per annum for each hectare of land which exceeds 20 hectares but which is less than 51 hectares; and
b
£10 per annum for each hectare of land which exceeds 50 hectares.
3
Where an agreement includes land of the types to which paragraph 2 ofSchedule 1 relates the Secretary of State shall, in addition to any payments made under paragraphs (1) and (2) above, make payments under an agreement for such land at the following rates —
a
£20 per annum for each hectare of unenclosed semi-natural rough grazings which do not include heather;
b
£35 per annum for each hectare of enclosed semi-natural rough grazings which do not include heather, enclosed partially improved grassland or enclosed unimproved grassland;
c
£35 per annum for each hectare of semi-natural rough grazings which include heather;
d
£45 per annum for each hectare of wetland;
e
£35 per annum for each hectare of hay meadow;
f
£60 per annum for each hectare of buffer zone; and
g
£5 per annum for each hectare of coastal belt.
4
Where an agreement includes the additional provisions specified in Schedule2 the Secretary of State shall, in addition to any payments made under paragraphs (1) to (3) above, make payments at the following rates —
a
£25 per annum for each hectare of hay meadow and which under the agreement is subject to the additional provisions specified in paragraph 1 of Schedule 2;
b
£20 per annum for each hectare of wetland and which under the agreement is subject to the additional provisions specified in paragraph 2 of Schedule 2;
c
£90 per annum for each hectare of broadleaved woodland and which under the agreement is subject to the additional provision specified in paragraph 3 of Schedule 2;
d
£65 per annum for each hectare of coastal belt and which under the agreement is subject to the additional provisions specified in paragraph 4 of Schedule 2;
e
£20 per annum for each hectare of semi-natural rough grazings where heather forms at least 5 per cent but not more than 50 per cent of the vegetation cover and which under the agreement is subject to the additional provisions specified in paragraph 5 of Schedule 2;
f
£85 per annum for each hectare of enclosed coastal belt where heather forms at least 5 per cent but not more than 50 per cent of the vegetation cover and which under the agreement is subject to the additional provisions specified in sub-paragraphs (3) to (5) of paragraph 4 of Schedule 2 and in paragraph 5 of that Schedule;
g
£90 per annum for each hectare of arable land which is suitable for the creation of conservation headlands and which under the agreement is subject to the additional provisions specified in paragraph 6 of Schedule 2;
h
£50 per annum for each hectare of land which is suitable for reversion to semi-natural rough grazings and which under the agreement is subject to the additional provisions specified in paragraph 7 of Schedule 2;
i
£70 per annum for each hectare of land which is suitable for reversion to hay meadow and which under the agreement is subject to the additional provisions specified in paragraph 8 of Schedule 2;
j
£80 per annum for each hectare of land which is suitable for reversion to wetland and which under the agreement is subject to the additional provisions specified in paragraph 9 of Schedule 2; and
k
£80 per annum for each hectare of land which is suitable for reversion to coastal belt and which under the agreement is subject to the additional provisions specified in paragraph 10 of Schedule 2.
5
Where an agreement includes the additional provisions specified in Schedule 3 the Secretary of State shall, in addition to any payments made under paragraphs (1) to (4) above, make payments at the following rates —
a
£5.50 per annum for each metre of a field boundary which is hedgerow per hectare; and
b
£17 per annum for each metre of a field boundary which is a bank or a stone wall per hectare,
subject to a maximum of 3 metres of field boundary per hectare, and a maximum number of hectares corresponding to the area of land subject to the provisions of Schedule 1.
6
Subject to paragraph (7) below, where an agreement includes one or more of the conservation plan operations specified in Schedule 4, the Secretary of State shall also make payments, in respect of the aggregate of the operations so specified which are included in the agreement, at a rate not exceeding £120 per annum for each hectare of land to which the agreement relates.
7
The payments under paragraph (6) above shall not exceed a maximum of £4,000 per agreement.
.
6
For the Schedules to the principal Order there shall be substituted the Schedules set out in the Schedule to this Order.
Saving
4
Nothing in article 3 of this Order affects an agreement entered into on or before 28th February 1994.
John Redwood
Secretary of State for Wales
20th January 1994
We consent,
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
1st February 1994


text:
1
The Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 shall continue in force for a period of twelve months beyond 31st August 1994, that day being the day on which they would otherwise expire.
2
This Order may be cited as the Army, Air Force and Naval Discipline Acts (Continuation) Order 1994.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wolverhampton Health Care National Health Service Trust (Establishment) Order 1994 and shall come into force on 23rd December 1994.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 23rd December 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Wolverhampton Health Care 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 Wolverhampton Health Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at West Park Hospital, Park Road West, Wolverhampton WV1 4PW and associated hospitals;
b
to manage community health services provided from West Park Hospital, Park Road West, Wolverhampton WV1 4PW and to own the associated premises.
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 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 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 Wolverhampton Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Wolverhampton Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Wolverhampton Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
13th December 1994


text:
Citation and commencement
1
These Regulations may be cited as the Coleg Menai (Government) Regulations 1994 and shall come into force on 30th June 1994.
Application
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation established under the name of “Coleg Menai” shall be as set out in Schedules 1 and 2 respectively to these Regulations.
John Redwood
Secretary of State for Wales
28th May 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Insurance Companies (Accounts and Statements) (Amendment) Regulations 1994 and shall come into force on 1st July 1994.
2
In these Regulations “the 1983 Regulations ” means the Insurance Companies (Accounts and Statements) Regulations 1983 .
Application
2
For paragraph (2) of regulation 2 of the 1983 Regulations (application) substitute —
2
Where the Secretary of State has directed, pursuant to paragraph 7(2) of Part I of Schedule 2F to the Act , that Part II of the Act shall apply to an EC company, these Regulations shall apply to that company as they apply to a company with its head office in an EFTA State.
3
These Regulations do not apply to —
a
an EEA deposit company or an EFTA company, in relation to long term business or general business carried on by it outside the United Kingdom; or
b
a Swiss general insurance company, in relation to general business carried on by it outside the United Kingdom.
Interpretation
3
1
In paragraph (1) of regulation 3 of the 1983 Regulations (interpretation) —
a
for the definition of “admissible asset” substitute —
“admissible asset” means an asset which is not required by regulation 45(3) of the Insurance Companies Regulations to be left out of account for the purposes specified in regulation 45(1) of those Regulations;
;
b
after the definition of “authorised unit trust scheme” insert —
“branch” has the same meaning as in section 96A(2) of the Act ;
;
c
omit the definitions of “Community company” and “Community deposit company”;
d
for the definition of “credit insurance business” substitute —
“credit insurance business” has the same meaning as in regulation 2(1) of the Insurance Companies Regulations;
;
e
after that definition insert —
“derivative contract” has the same meaning as in regulation 44(1) of the Insurance Companies Regulations;
;
f
after the definition of “direct and facultative” insert the following definitions —
“EC company” has the same meaning as in section 2(6) of the Act ;
“EEA deposit company” means a company (other than a pure reinsurer) whose head office is not in an EEA State and which has made a deposit in an EEA State other than the United Kingdom in accordance with section 9(2)(b) of the Act ;
“EEA State” has the same meaning as in section 5(4) of the Act ;
“EFTA company” has the same meaning as in section 72B(7) of the Act ;
;
g
for the definition of “equalisation reserve” substitute —
“equalisation reserve” has the same meaning as in regulation 76(1) of the Insurance Companies Regulations;
;
h
for the definition of “external company” substitute —
“external company” means a company, other than an EC company, an EFTA company, a Swiss general insurance company or a company to which section 9(2) of the Act applies, whose head office is outside the United Kingdom;
;
i
for the definition of “Insurance Companies Regulations” substitute —
“ Insurance Companies Regulations ” means the Insurance Companies Regulations 1994 ;
;
j
after the definition of “non-proportional reinsurance treaty” insert —
“option” has the same meaning as in regulation 44(1) of the Insurance Companies Regulations;
;
k
for the definition of “pure reinsurer” substitute —
“pure reinsurer” means —
an insurance company whose head office is in the United Kingdom and whose business is restricted to reinsurance business; or
an insurance company whose head office is not in the United Kingdom and whose business in the United Kingdom is restricted to reinsurance business;
;
l
for the definition of “related company” substitute —
“related company” has the same meaning as in Part VIII of the Insurance Companies Regulations;
;
m
for the definition of “required margin of solvency” substitute —
“required margin of solvency” has the same meaning as in Part IV of the Insurance Companies Regulations;
;
n
in the definition of “required minimum margin”, for the words “required Community minimum margin” substitute the words “required EEA minimum margin”;
o
in the definition of “United Kingdom deposit company”, for the words “in a member State” substitute the words “in an EEA State”;
p
for the definition of “zillmerising” substitute —
“zillmerising” has the same meaning as in Part IV of the Insurance Companies Regulations.
2
For paragraph (3) of that regulation substitute —
3
In these Regulations —
a
any reference to long term business or general business shall, in relation to an EEA deposit company or an EFTA company, be taken to refer to long term or general business carried on by it through a branch in the United Kingdom; and
b
any reference to general business shall, in relation to a Swiss general insurance company, be taken to refer to general business carried on by it through a branch in the United Kingdom,
and accordingly, any reference to, or requirement imposed in respect of, the accounts and balance sheet (including any notes, statements, reports and certificates annexed thereto) shall be taken as referring to, or imposing the requirement in respect of, business carried on through that branch.
3
In paragraph (4) of that regulation —
a
in sub-paragraph (a), for the words “an agency or branch” substitute the words “a branch”;
b
in sub-paragraph (b), for the words “an agency or branch in any member State” substitute the words “a branch in any EEA State”; and
c
for sub-paragraph (ii) substitute —
ii
accounts prepared in respect of the long term business or the general business carried on, in the case of an external company, by the branch in the United Kingdom and, in the case of a United Kingdom deposit company, by the branches in question in the EEA States taken together.
Balance sheet
4
1
In paragraph (5) of regulation 6 of the 1983 Regulations (balance sheet) —
a
in sub-paragraph (b), for the words from the beginning of that sub-paragraph to “in the United Kingdom” substitute the words “by every EFTA company and every EEA deposit company in respect of long term business carried on by it through a branch in the United Kingdom”;
b
in sub-paragraph (d), for the words from the beginning of that sub-paragraph to “in the United Kingdom” substitute the words “by every EFTA company, every EEA deposit company and every Swiss general insurance company in respect of general business carried on by it through a branch in the United Kingdom”;
c
in sub-paragraph (e) —
i
for the words “an agency or branch” substitute the words “a branch”; and
ii
for the words “member States” substitute the words “EEA States”; and
d
in sub-paragraph (f) —
i
omit the words “agencies or”; and
ii
for the words “member States”, in each place where they occur, substitute the words “EEA States”.
2
After paragraph (5) of that regulation insert —
5A
For each Form 13 which a company is required to complete, it shall complete Form 13A in respect of the same business.
Additional information on general business (risk groups)
5
In regulation 11 of the 1983 Regulations (additional information on general business (risk groups)) —
a
omit the words “agency or” in both places where they occur; and
b
for the words “member State” substitute the words “EEA State”.
Provisions supplemental to regulation 11
6
For proviso (i) to paragraph (1) of regulation 12 of the 1983 Regulations (provisions supplemental to regulation 11) substitute —
i
sub-paragraphs (a) and (b) above shall not apply to general business carried on through a branch in the United Kingdom by an EFTA company, a Swiss general insurance company or by an external company nor, in the case of a United Kingdom deposit company or an EEA deposit company, shall they apply to general business carried on through a branch in the EEA State concerned;
.
Additional information on general business (co-insurance)
7
For regulation 14 of the 1983 Regulations (additional information on general business (co-insurance)) substitute —
14
Every company which has participated in a Community co-insurance operation (as defined in section 96(1) of the Act ) otherwise than as the leading insurer (as so defined) in any financial year shall prepare Form 37 in accordance with the requirements of Schedule 2 below.
Additional information on direct credit insurance business accepted
8
In regulation 22A of the 1983 Regulations (additional information on direct credit insurance business accepted) —
a
at the beginning, insert “(1)”;
b
for the words “every company which carries on credit insurance business” substitute the words “every UK company which carries on credit insurance business and every non-EC company which carries on credit insurance business in the United Kingdom”; and
c
after paragraph (1) insert —
2
In this regulation, “UK company” and “non-EC company” have the same meanings as in section 5(4) of the Act
.
Derivative contracts
9
After regulation 22A of the 1983 Regulations insert —
Additional information on derivative contracts
22B
1
Every company which is required to complete Form 13A pursuant to regulation 6(5A) above shall, in respect of each financial year, annex to the documents referred to in regulations 6, 7 and 8 above a statement comprising a summary of —
a
investment guidelines operated by the company during the relevant financial year for the use of derivative contracts;
b
the extent to which —
i
any of the amounts recorded in Form 13; and
ii
in the case of a company carrying on long term business, any of the amounts recorded in Form 45,
would be materially changed if assets which the company had agreed to acquire or dispose of under derivative contracts outstanding at the end of the relevant financial year (in the case of options, being only those options which it is prudent to assume will be exercised) had been so acquired and disposed of;
c
where a summary required by sub-paragraph (b) above would have been materially different if the requirement had applied to derivative contracts outstanding at any other time during the relevant financial year, the extent of that difference;
d
the maximum loss which would be incurred by the company (its “exposure”) in the event of failure by any one other person to fulfil its obligations under derivative contracts outstanding at the end of the relevant financial year, both under existing market conditions and in the event of other foreseeable market conditions, together with an assessment of whether such exposure would have been materially different at any other time during the relevant financial year; and
e
the circumstances surrounding the use of any instrument which —
i
is (wholly or in part) a derivative contract or a contract having equivalent effect; and
ii
does not fall within regulation 55(3) of, or (where appropriate) paragraph 15 of Schedule 10 to, the Insurance Companies Regulations.
2
For the purposes of this paragraph, any reference to “the relevant financial year” shall mean, in the case of a financial year of the company ending on or before 30th June 1995, the period from 1st July 1994 to the end of the relevant financial year only.
Shareholder controllers
10
After regulation 22B of the 1983 Regulations insert —
Additional information on shareholder controllers
22C
1
Every UK company shall, in respect of each financial year, annex to the documents referred to in regulations 6, 7 and 8 above —
a
a statement naming each person who, to the knowledge of the company, has been, at any time during that year, a shareholder controller of that company; and
b
in the case of each person who is a shareholder controller of that company at the end of that year, a statement of —
i
the percentage of shares he holds at that time in the company, or in another company of which the company is a subsidiary undertaking; and
ii
the percentage of the voting power which he is entitled at that time to exercise, or control the exercise of, at any general meeting of the company, or another company of which it is a subsidiary undertaking,
in each case, either alone or with any associate or associates.
2
In this regulation —
“UK company” has the same meaning as in regulation 22A(2) above;
“subsidiary undertaking” has the same meaning as in section 96(1) of the Act ; and
“associate”, “share”, and “shareholder controller” have the same meanings as in section 96C of the Act .
Periodic actuarial investigation
11
In sub-paragraph (a)(ii) of regulation 24 of the 1983 Regulations (periodic actuarial investigations), for the words “a Community company (other than a United Kingdom company or a pure reinsurer) and a Community deposit company” substitute the words “an EFTA company and an EEA deposit company”.
Signature of documents
12
In paragraph (2) of regulation 25 of the 1983 Regulations (signature of documents), for the words from the beginning of that paragraph to “United Kingdom deposit company” substitute the words —
In respect of any document relating to business carried on through a branch in the United Kingdom by an EFTA company, a Swiss general insurance company, an EEA deposit company or an external company or through branches in any EEA States taken together by a United Kingdom deposit company
.
Audit and auditors' report
13
In paragraph (1) of regulation 27 of the 1983 Regulations (audit and auditors' report), after the number “22” insert a comma and the number “22B”.
Qualifications of auditor
14
For regulation 30 of the 1983 Regulations (qualifications of auditor) substitute —
30
For the purposes of section 21 of the Act (audit of accounts), it is hereby prescribed that the description of the person qualified to audit the accounts and statements of a company under regulation 27 above (audit and auditors' report) shall be a person who is eligible for appointment as a company auditor under section 25 of the Companies Act 1989 , other than a person to whom section 34(1) of that Act applies.
Balance sheet and profit and loss account
15
1
For paragraph 3(2) of Schedule 1 to the 1983 Regulations (balance sheet and profit and loss account) substitute —
2
Boxes marked “Global/UK/CM” or “Global/UK” shall be completed by inserting —
a
“UK” in the case of a Form which is —
i
prepared by an EFTA company or an EEA deposit company in respect of long term or general business carried on through a branch in the United Kingdom; or
ii
prepared by an external company (other than a pure reinsurer) in respect of long term or general business carried on through a branch in the United Kingdom; or
iii
prepared by a Swiss general insurance company in respect of general business carried on through a branch in the United Kingdom; or
b
“CM” in the case of a Form which is prepared by a United Kingdom deposit company in respect of long term or general business carried on through branches in the EEA States concerned; or
c
“GL” in any other case.
2
In paragraph 8(5) of that Schedule, for the words “Part III of Schedule 8” substitute the words “Part II of Schedule 12”.
3
In Form 9 in that Schedule, for the words “regulation 10(4) of the Insurance Companies Regulations 1981”, in both places where they occur, substitute the words “regulation 23(5) of the Insurance Companies Regulations 1994”.
4
In Form 10 in that Schedule —
a
for the words “Regulation 10 of the Insurance Companies Regulations 1981” substitute the words “regulation 23 of the Insurance Companies Regulations 1994”; and
b
at the end insert —
Instruction
The entry at line 54 shall include —
cumulative preference share capital, to the extent that liabilities in respect of such capital are left out of account in accordance with regulation 23(3) of the Insurance Companies Regulations 1994; and
subordinated loan capital where, and to the extent that, the Secretary of State has, in accordance with section 68 of the Act (power to modify Part II in relation to particular companies), directed that the company may count such capital towards its required minimum margin,
and the amounts so included shall be stated in a note.
5
In Form 13 in that Schedule —
a
in line 23, for the entry “Holdings in authorised unit trust schemes” substitute the entry “Holdings in authorised unit trust schemes and recognised schemes within the meaning of the Financial Services Act 1986 ”,
b
in line 35, for the entry “Share options and debenture options” substitute the entry “Rights under derivative contracts”;
c
in lines 43 and 44, for the entry “Deposit and current accounts with approved financial institutions, and deposits with local authorities and Building Societies” substitute the entry “Deposits and current accounts with approved credit institutions and approved financial institutions, and deposits with local authorities”;
d
in line 87, insert the entry “Deduction for inadmissible assets”;
e
in Instruction 3, for the words “member States”, in each place where they occur, substitute the words “EEA States”;
f
in Instruction 5, for the words “Regulation 47 of the Insurance Companies Regulations 1981” substitute the words “regulations 49(2) and 54 of the Insurance Companies Regulations 1994”; and
g
after Instruction 5 insert —
6
In line 87, “deduction for inadmissible assets” means the value of assets left out of account pursuant to regulation 57(2)(b) of the Insurance Companies Regulations 1994.
7
Assets consisting of rights under a stock lending transaction shall be shown in the line appropriate to the security to which title has been transferred under the relevant agreement and not as a debt. In this Instruction, “stock lending transaction” has the same meaning as in regulation 44(1) of the Insurance Companies Regulations 1994.
6
After Form 13 in that Schedule insert Form 13A as set out in the Schedule to these Regulations.
7
In Form 14 in that Schedule, for the words “Part V of the Insurance Companies Regulations 1981” substitute the words “Part VIII of the Insurance Companies Regulations 1994”.
8
In Form 15 in that Schedule, at the end insert —
Instructions
1
The entry at line 43 shall exclude subordinated loan capital where, and to the extent that, the Secretary of State has, in accordance with section 68 of the Insurance Companies Act 1982, directed that the company may count such capital towards its required minimum margin.
2
The entry at line 46 shall exclude cumulative preference share dividends accrued to the extent that liabilities in respect of such dividends are left out of account in accordance with regulation 23(3) of the Insurance Companies Regulations 1994 and the amount so excluded shall be stated in a note.
Long term business: revenue account and additional information
16
1
In Schedule 3 to the 1983 Regulations (long term business: revenue account and additional information), in Form 45 —
a
in Instruction 2 —
i
for the words “Regulation 59(5) of the Insurance Companies Regulations 1981” substitute the words “regulation 69(5) of the Insurance Companies Regulations 1994”; and
ii
for the words “Regulation 59(6)” substitute the words “regulation 69(7)”; and
b
after Instruction 5 insert —
6
Where the yield in column 3 for a type of asset shown in line 4, 5, 6, 8, 9, 10 or 11 above (assumed to be zero for assets in line 11) is significantly different from the weighted average of the yields for each asset of that type determined in accordance with regulation 69(6) of the Insurance Companies Regulations 1994, then the latter yield figure shall be shown in a note to this Form. For this purpose, the weighted average of the yields means an average yield weighted by the value of each asset of that type as entered in column 1.
2
In Instruction 1 in Form 46 in that Schedule —
a
for the words “Regulation 59(3) and (4) of the Insurance Companies Regulations 1981” substitute the words “regulation 69(3) and (4) of the Insurance Companies Regulations 1994”; and
b
for the words “Regulation 59(6)” substitute the words “regulation 69(7)”.
3
In Form 49 in that Schedule, after Instruction 2 insert —
3
The value of rights under derivative contracts (shown separately for asset and liability positions) held by each internal linked fund shall be stated in a note.
Abstract of valuation report prepared by the appointed actuary
17
1
In the opening paragraph of Schedule 4 to the 1983 Regulations (abstract of valuation report prepared by the appointed actuary), for the words “Regulation 54” substitute the words “regulation 64”.
2
In paragraph 4 of that Schedule, at the end of sub-paragraph 2(b), for the full stop substitute a semi-colon and insert —
c
a description of the investment guidelines of the fund, including the use of derivative contracts.
3
In paragraph 5 of that Schedule —
a
in sub-paragraph (1)(b), for the words “Regulation 58” substitute the words “regulation 68”;
b
at the end of sub-paragraph (1)(g), for the full stop substitute a semi-colon and insert —
h
the method by which allowance has been made, if any, for derivative contracts in the determination of the amount of the long term liabilities.
; and
c
in sub-paragraph (2)(a), for the words “Regulation 38(5)” substitute the words “regulation 45(6)”.
4
In sub-paragraph (d) of paragraph 7 of that Schedule —
a
for the words “Regulation 57(1)” substitute the words “regulation 67(1)”; and
b
for the words “Regulations 55 to 64” substitute the words “regulations 66 to 75”.
5
In sub-paragraph (b) of paragraph 8 of that Schedule, for the words “Regulation 61(1)” substitute the words “regulation 71(1)”.
Certificate by directors etc.
18
1
In paragraph 1 of Schedule 6 to the 1983 Regulations (certificate by directors etc.) —
a
in sub-paragraph (a)(i), for the words “accounts and records” substitute the words “accounting records”; and
b
in sub-paragraph (d) —
i
for the words “Regulation 27” substitute the words “regulation 32”; and
ii
for the words “Regulations 25 and 26” substitute the words “regulations 27 and 31”.
2
In paragraph 4 of that Schedule —
a
in sub-paragraph (a)(ii), for the words “Regulation 10(4)” substitute the words “regulation 23(5)”;
b
for sub-paragraph (b) substitute —
b
in the case of —
i
an EFTA company and of an EEA deposit company, that the value of the admissible assets of the long term business or of the general business carried on by the company through a branch in the United Kingdom was maintained at not less than the amount of the liabilities of that business; and
ii
a Swiss general insurance company, that the value of the admissible assets of the general business carried on by the company through a branch in the United Kingdom was maintained at not less than the amount of the liabilities of that business;
;
c
in sub-paragraph (c)(i), for the words “an agency or branch” substitute the words “a branch”;
d
in sub-paragraph (c)(i)(bb), for the words “Regulation 10(4)” substitute the words “regulation 23(5)”;
e
in sub-paragraph (c)(ii), for the words “member States” substitute the words “EEA States”;
f
in sub-paragraph (c)(iii), for the words “Regulation 14” substitute the words “regulation 7”;
g
in sub-paragraph (d)(i), for the words “agencies and branches in the member States” substitute the words “branches in the EEA States”;
h
in sub-paragraph (d)(i)(aa), for the words “required Community minimum margin” substitute the words “required EEA minimum margin”;
i
in sub-paragraph (d)(i)(bb), for the words “Regulation 10(4)” substitute the words “regulation 23(5)”;
j
in sub-paragraph (d)(ii) —
i
for the words “required Community minimum margin” substitute the words “required EEA minimum margin”; and
ii
for the words “member States”, in each place where they occur, substitute the words “EEA States”;
k
in sub-paragraph (d)(iii), for the words “Regulation 14” substitute the words “regulation 7”.
3
After paragraph 6 of that Schedule insert —
6A
Subject to paragraph 8 below, the certificate required by regulation 26(a) shall also state, by way of a list, any published guidance with which the systems of control established and maintained by the company in respect of its business comply, or in accordance with which the return has been prepared.
4
In paragraph 7 of that Schedule —
a
for the words “a Community company”, substitute the words “an EFTA company or a Swiss general insurance company”; and
b
for the words “an agency or branch” substitute the words “a branch”.
5
In paragraph 9 of that Schedule —
a
in sub-paragraph (a)(iii) —
i
for the words “Part VI” substitute the words “Part IX”; and
ii
for the words “Part V” substitute the words “Part VIII”; and
b
at the end of sub-paragraph (a)(iv) insert —
v
that, in his opinion, premiums for contracts entered into during the financial year and the income earned thereon are sufficient, on reasonable actuarial assumptions, and taking into account the other financial resources of the company that are available for the purpose, to enable the company to meet its commitments in respect of those contracts and, in particular, to establish adequate mathematical reserves; and
; and
c
in sub-paragraph (b), for the words “required Community minimum margin” substitute the words “required EEA minimum margin”.
6
In paragraph 11 of that Schedule —
a
at the beginning of sub-paragraph (b)(ii), insert the words “subject to paragraph 12 below,”;
b
in sub-paragraph (c)(i), for the words “required Community minimum margin” substitute the words “required EEA minimum margin”; and
c
in sub-paragraph (c)(ii), for the words “Regulation 10(4)” substitute the words “regulation 23(5)”.
7
After paragraph 11 of that Schedule insert —
12
To the extent that the information and explanations they have received do not allow the auditors to express an opinion on whether it was reasonable for the persons giving the certificate required to be signed in accordance with regulation 26(a) above to have made the statement required by paragraph 6A above, the auditors shall add to their report such qualification, amplification or explanation as may be appropriate.
Transitional provisions
19
1
Every document submitted to the Secretary of State pursuant to section 22 of the Act (deposit of accounts etc. with Secretary of State) in respect of a financial year of a company ending before 1st July 1994 shall be in the same form in which it would have been and have the contents which it would have had if these Regulations had not been made.
2
In respect of a financial year of the company ending before 1st July 1995, Forms 10, 13 and 15 shall be deemed to have been completed in accordance with these Regulations if the information included in column 2 of those Forms (as at the end of the previous year) is the same as it would have been if these Regulations had not been made; and, to the extent that it is appropriate to do so, the fact that such information is not comparable with the corresponding information in column 1 of those Forms (as at the end of the financial year) shall be stated in a note.
Transitory provision
20
1
This regulation applies if in any member State (“the defaulting State”) the third general insurance Directive and the third long term insurance Directive are not fully or substantially implemented on or before 1st July 1994.
2
Until such date as those Directives are fully or substantially implemented in the defaulting State, the 1983 Regulations shall have effect in relation to an insurance company whose head office is in that State as if that State were an EFTA State rather than a member State.
3
In this regulation, the “third general insurance Directive” and “the third long term insurance Directive” shall have the meanings given in section 96A of the Act .
Neil Hamilton
Parliamentary Under-Secretary of State,
Department of Trade and Industry
7th June 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pathfinder National Health Service Trust (Establishment) Order 1994 and shall come into force on 22nd December 1994.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 22nd December 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Pathfinder 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 Pathfinder National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Springfield Hospital, 61 Glenburnie Road, London SW17 7DJ and associated hospitals (including the management of its teaching and research facilities);
b
to manage community health services provided from Springfield Hospital, 61 Glenburnie Road, London SW17 7DJ and to own the associated premises.
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 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 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 Merton, Sutton and Wandsworth Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The Merton, Sutton and Wandsworth Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the Merton, Sutton and Wandsworth Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
12th December 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ipswich Hospital National Health Service Trust (Transfer of Trust Property) Order 1994 and shall come into force on 5th October 1994.
2
In this Order —
“the Authority” means the Suffolk Health Authority;
“the Trust” means the Ipswich Hospital National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 26th May 1994, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 5th October 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
7th September 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (London Residuary Body) (Transfer of Property etc.) Order 1994 and shall come into force on 29th March 1994.
2
In this Order —
“the 1991 Order ” means the London Government Reorganisation (Capital Money) (Greater London) Order 1991 ; and
“the 1992 Order ” means the Education (London Residuary Body) (Transfer of Functions and Property) ( No. 2) Order 1992 .
Transfer of property, rights and liabilities
2
On 31st March 1994 —
a
the rights and liabilities conferred or imposed on the London Residuary Body by the Rates and Precepts (Final Adjustments) Order 1991
b
so much of the sum mentioned in article 6(5)(b) of the 1992 Order as has not been applied as mentioned in that sub-paragraph; and
c
all monies representing the London Residuary Body’s inner London revenue and capital accounts
shall vest in the council of the Royal Borough of Kensington and Chelsea.
Amendment of the 1991 Order
3
Article 4 of the 1991 Order (distribution of capital money) shall be amended —
a
by the insertion of the following paragraph after paragraph (2) —
2A
On or before 31st March 1994, the Residuary Body shall pay £6,469,847.36 of capital money of the description specified in article 3(1)(c) above in the following manner —
a
to each billing authority which is an outer London borough council, the appropriate proportion; and
b
to the council of the Royal Borough of Kensington and Chelsea, the aggregate of the appropriate proportions in respect of billing authorities which are inner London borough councils and the Common Council of the City of London.
; and
b
in paragraph (3)(b), by substitution of the words “paragraphs (2)(b) and (2A)” for the words “paragraph (2)(b)”.
Amendment of the 1992 Order
4
1
The 1992 Order shall be amended in accordance with the following provisions of this article.
2
In article 1, paragraph (5) (meaning of “appropriate proportion”) shall be deleted.
3
In article 13 (apportionment of receipts and expenditure of Kensington and Chelsea) —
a
in paragraph (1) —
i
the words “this Order or the Education (London Residuary Body) (Transfer of Property etc.) Order 1994”, shall be substituted for the words “this Order and”;
ii
the words “those Orders” shall be substituted for the words “this Order” (in the second place where they occur); and
iii
the words “and the sum paid to Kensington and Chelsea by virtue of article 4(2A)(b) of the Local Government Reorganisation (Capital Money) (Greater London) Order 1991”shall be inserted after the words “article 2(1)(e))”, and
b
in paragraph (8) —
i
the word “and” at the end of sub-paragraph (a) shall be deleted; and
ii
the following shall be added after sub-paragraph (b)
and
c
expenditure incurred in respect of the rights and liabilities transferred by article 2(a) of the Education (London Residuary Body) Transfer of Property etc.) Order 1994.
9
In this article, “the appropriate proportion”, in relation to an inner London council or the Common Council in any financial year, means the proportion which the council tax base of that council for that financial year bears to the aggregate of the council tax bases of all the inner London councils and the Common Council for that financial year; and, for these purposes, “council tax base” means the amount calculated by such a council as their council tax base for a financial year in accordance with the rules for the time being effective (as regards the financial year) under regulations made by the Secretary of State under section 33(5) of the Local Government Finance Act 1992.
10
The other inner London councils and the Common Council shall notify Kensington and Chelsea of their council tax base for a financial year; and such a notification shall be made —
a
in the case of the financial year beginning on 1st April 1994, not later than 1st May 1994; and
b
in the case of a financial year beginning on or after 1st April 1995, within the period beginning on 1st December and ending on 31st January in the preceding financial year.
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
8th March 1994


text:
1
This Order shall come into force on 29th September 1994 and may be cited as the A417 Trunk Road (Daglingworth Quarry Junction) (Detrunking) Order 1994.
2
The length of trunk road described in the Schedule to this Order and shown by broad striped hatching on the deposited plan given the reference letter `A' shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Gloucestershire that the new trunk road is open for through traffic.
3
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/2/SWM106 marked “The A417 Trunk Road (Daglingworth Quarry Junction) (Detrunking) Order 1994” signed by the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
iii
“the new trunk road” has the same meaning as in the A417 Trunk Road (Daglingworth Quarry Junction) Order 1994;
iv
“the trunk road” means the A417 Trunk Road.
Signed by authority of the Secretary of State
J. D. Gill
Deputy Director South West Construction Programme Division Highways Agency
12th September 1994


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Materials and Articles in Contact with Food (Amendment) Regulations 1994 and shall come into force —
a
as respects all regulations except for regulation 2(e), on 29th April 1994; and
b
as respects regulation 2(e), on 1st July 1994.
2
In these Regulations “the principal Regulations ” means the Materials and Articles in Contact with Food Regulations 1987(c).
Amendment of principal Regulations
2
The principal Regulations shall be amended as follows —
a
in paragraph (1) of regulation 2, for the definition of “import” there shall be substituted the following —
“import” means import in the course of a business from any place other than a member State of the European Community and “importation” shall be construed accordingly;
;
b
in paragraph (5) of regulation 6, for the words “50 milligrams” there shall be substituted the words “30 milligrams”;
c
at the beginning of paragraph (6) of regulation 6 there shall be inserted the words “Subject to regulation 6A”;
d
after regulation 6 there shall be inserted the following regulation —
6A
1
The prohibition in regulation 6(6) shall not apply to the sale, importation or use in the course of a business in connection with the storage, preparation, packaging, selling or serving of food before 1st July 1994, of any regenerated cellulose film —
a
which has been manufactured before 29th April 1994; and
b
in the manufacture of which there has been used —
i
any one or more of the following substances or groups of substances —
aa
butyl-methylcarboxybutyl phthalate [= butyl-phthalyl butyl glycolate];
bb
di-isobutyl phthalate;
cc
di-(methylcyclohexyl) phthalate and its isomers [= sextolphthalate];
dd
methyl-methylcarboxyethyl phthalate [= methylphthalyl ethyl glycolate];
ii
any one or more of the following substances where the use in manufacture is not in accordance with the conditions and restrictions specified in the opposite and corresponding entry in column 2 of Part II of Schedule 1 —
aa
butylbenzylphthalate;
bb
di-n-butyl phthalate;
cc
dicyclohexyl phthalate;
iii
any substance in Schedule 1 Part II item 3 under the heading “Other coating additives” where the use in manufacture is not in accordance with any entry in column 2 opposite and corresponding to the said heading if the substance does not exceed 6 mg/dm 2 in total on the side for contact with food; or
iv
any substance in Schedule 1 Part II item 3 under the heading “Other coating additives” subheading (a) “Any additive specified in item 2 of Part I” where the use is not in accordance with the condition or restriction in column 2 opposite and corresponding to the said subheading if such use in manufacture is in accordance with any condition or restriction in column 2 of Schedule 1 Part I item 2 in relation to that substance.
2
The prohibition in regulation 6(6) shall not apply to the sale, importation or use in the course of a business in connection with the storage, preparation, packaging, selling or serving of food, before 1st January 1995, of any regenerated cellulose film —
a
which has been manufactured before 29th April 1994; and
b
in the manufacture of which there has been used —
i
either or both of the substances referred to in regulation 6(5), not in accordance with that regulation if that coated cellulose film has been manufactured in such a way that it does not transfer either or both of the substances referred to in regulation 6(5) to food in a quantity exceeding 50 milligrams per kilogram of food; or
ii
the substance toluene, not in accordance with the condition or restriction in column 2 of Part II of Schedule 1, item 4 “Solvents for coating substances” opposite and corresponding to the entry of that substance in column 1.
;
e
after regulation 6A (as inserted by these Regulations) there shall be inserted the following regulation —
6B
1
Subject to paragraph (2) below, any material or article made of regenerated cellulose film intended to come into contact with food and at a marketing stage other than the retail stage shall be accompanied by a written declaration attesting that it complies with the legislation applicable to it.
2
Paragraph (1) above shall not apply to any material or article made of regenerated cellulose film which by its nature is clearly intended to come into contact with food.
;
f
after paragraph (2) of regulation 19 there shall be inserted the following paragraph —
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.
;
g
in column 1 of Part I of Schedule 1 item 2 “Additives,” under the heading “Softeners” there shall be inserted the entry “tetraethyleneglycol” immediately under the entry “sorbitol”;
h
in column 1 of Part II of Schedule 1 item 3 “Coating substances,” under the heading “Plasticisers” the following shall be deleted —
i
“-butyl-methylcarboxybutyl phthalate [= butylphthalyl butyl glycolate]”
ii
“and di-isobutyl phthalate”
iii
“-di-(methylcyclohexyl) phthalate and its isomers [= sextolphthalate]”
iv
“-methylmethylcarboxyethyl phthalate [= methylphthalyl ethyl glycolate]”;
i
in column 2 of Part II of Schedule 1 item 3 “Coating substances” under the heading “Plasticisers” —
i
opposite and corresponding to the entry “butylbenzylphthalate” in column 1 there shall be inserted the words “Not more than 2 mg/dm 2 in the coating on the side for contact with food”;
ii
opposite and corresponding to entry “di-n-butyl phthalate” in column 1 there shall be inserted the words “Not more than 3 mg/dm 2 in the coating on the side for contact with food”;
iii
opposite and corresponding to the entry “dicyclohexyl phthalate” in column 1 there shall be inserted the words “Not more than 4 mg/dm 2 in the coating on the side for contact with food”;
j
in column 1 of Part II of Schedule 1 item 3 “Coating substances” in the heading “Other coating additives” the word “coating” shall be deleted and in the entry in column 2 opposite and corresponding to that heading there shall be inserted after the words “in total” the words “in the uncoated regenerated cellulose film, inclusive of the coating”;
k
in column 2 of Part II of Schedule 1 item 3 “Coating substances” under the heading “Other additives” (as hereby amended) there shall be inserted —
aa
in the entry opposite and corresponding to subheading (a) “Any additive specified in item 2 of Part I” in column 1, after the word “additive” the words “and where in any condition or restriction specified in column 2 in item 2 of Part I of this Schedule a substance is stated not to exceed a quantity in mg/dm 2 that quantity in mg/dm 2 shall in this Part refer to the uncoated regenerated cellulose film inclusive of the coating on the side for contact with food”;
bb
in the entry opposite and corresponding to sub-heading (b) “Specific coating additives” in column 1 after the words “one is specified)” the words “in the coating”;
l
in column 2 of Part II of Schedule 1 item 4 “Solvents for coating substances” opposite and corresponding to the entry “toluene” there shall be inserted the words ldquo;Not more than 0.06 mg/dm 2 on the side for contact with foodrdquo;.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 14th March 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
Hector Monro
Parliamentary Under-Secretary of State, Scottish Office
15th March 1994


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment (No.3) Regulations 1994 and shall come into force on 1st April 1995.
Amendment of paragraph 7 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987
2
In paragraph 7 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987 , for the amount “£1.00” there shall be substituted the amount “£0.80”.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
21st November 1994


text:
1
1
This Order may be cited as the A19 Trunk Road (Portrack Roundabout) (Trunking) Order 1994 and shall come into force on 14th November 1994.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The area of highway described in the Schedule to this Order shall become trunk road as from the date when this Order comes into force.
3
The trunk road is indicated by the black vertical stripes on the plan numbered HA10/2-/244, marked “The A19 Trunk Road (Portrack Roundabout) (Trunking) Order 1994”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.
Signed by authority of the Secretary of State for Transport
David W. Ward
Director Northern Network Management and Construction Programme Division
Highways Agency
2nd November 1994


text:
Citation and commencement
1
These Regulations may be cited as the Education (Grant) (Amendment) Regulations 1994 and shall come into force on 1st September 1994.
Amendment of the Education (Grant) Regulations 1990
2
The Education (Grant) Regulations 1990ft(c) are amended by the insertion after regulation 16 of–
16A
The Secretary of State may pay grants to the Engineering Council in respect of approved expenditure incurred or to be incurred by them in connection with the payment of bursaries for students attending courses leading to a degree in engineering.
.
Eric Forth
Minister of State
Department for Education
3rd August 1994
John Redwood
Secretary of State for Wales
5th August 1994


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Surface Waters (River Ecosystem) (Classification) Regulations 1994 and shall come into force on 10th May 1994.
2
In these Regulations references to a numbered column are references to the column so numbered in the Schedule to these Regulations.
Classification of waters
2
1
A system employing the classifications RE1, RE2, RE3, RE4 and RE5 is prescribed as a system of classification applying to inland freshwaters which are relevant rivers or watercourses .
2
The criteria for each of the classifications RE1 to RE5 are that the following requirements are satisfied by a series of samples of water taken and analysed in accordance with regulation 3, that is to say —
a
the 10 percentile of the saturation of dissolved oxygen shall not be less than the value specified in respect of that classification in column (2);
b
the 90 percentile of the biochemical oxygen demand shall not exceed the value specified in respect of that classification in column (3);
c
the 90 percentile of the concentration of total ammonia shall not exceed the value specified in respect of that classification in column (4);
d
the 95 percentile of the concentration of un-ionised ammonia shall not exceed the value, if any, specified in respect of that classification in column (5);
e
the 5 percentile of the pH value shall not be less than the lower value, if any, specified in respect of that classification in column (6), and the 95 percentile of the pH value shall not exceed the higher value, if any, so specified;
f
the 95 percentile of the concentration of dissolved copper shall not exceed the value, if any, which is specified in respect of that classification in column (8) by reference to the hardness of the water as described in column (7); and
g
the 95 percentile of the concentration of total zinc shall not exceed the value, if any, which is specified in respect of that classification in column (9) by reference to the hardness of the water as described in column (7).
Sampling, analysis and compliance
3
The following matters, that is to say —
a
the frequency, location and methods of sampling;
b
the samples to be used, or to be disregarded, for the purpose of assessing whether any requirement specified in regulation 2(2) is satisfied;
c
the requirements for analysis of samples; and
d
the methods of determining percentile values,
shall be determined by the National Rivers Authority in accordance with the procedures, and by reference to the principles, set out in the document dated 30th March 1994 and entitled “Water Quality Objectives: Procedures used by the National Rivers Authority for the purpose of the Surface Waters (River Ecosystem) (Classification) Regulations 1994”.
Signed by authority of the Secretary of State for the Environment
Robert Atkins
Minister of State,
Department of the Environment
8th April 1994
Signed by Authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
12th April 1994