text:
Citation and commencement
1
1
This Order may be cited as the Portsmouth Mile End Quay (Continental Ferry Port Phase 7) Harbour Revision Order 1994 and shall come into force on 1st November 1994.
2
The Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1993 and this Order may be cited as the Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1994.
Interpretation
2
1
In this Order —
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“the authorised works” means the works authorised by this Order or any part of those works, and where any part of those works remains uncompleted, includes the site thereof;
“ the Council ” means the Portsmouth City Council;
“deposited plan” and “deposited sections” mean respectively the plan and sections prepared in duplicate signed by an Assistant Secretary in the Department of Transport and marked “Plan and Sections referred to in the Portsmouth Mile End Quay (Continental Ferry Port Phase 7) Harbour Revision Order 1994”, of which one is deposited at the offices of the Department of Transport and one at the offices of the Head of Legal Services of the Council;
“enactment” means any enactment whether public general or local and includes an order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“the level of high water” means the level of mean high-water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plan;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“the Mile End Quay undertaking” means the undertaking of the Council authorised by the Portsmouth Mile End Quay Harbour Revision Orders 1966 to 1993, by this Order, and by the Mile End Gardens (Portsmouth) Act 1978 ;
“ Queen’s Harbour Master ” means the person for the time being appointed to be Queen’s Harbour Master of the Dockyard Port of Portsmouth under the Dockyard Ports Regulation Act 1865 ;
“tidal work” means so much of the authorised works as is on, under or over any part of the seashore lying below the level of high water;
“vessel” includes every description of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water.
2
All distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance and length.
Incorporation of Act of 1847
3
1
Subject to paragraph (2) below, the Act of 1847 (except sections 6 to 13, 16 to 20, 23, 25 to 27, 31, 48, 49, 50, 67, 81, 82, 84 to 90, 95, 97 and 98 and so much of the proviso to section 83 as follows the words “the special Act”), so far as the same is applicable for the purposes of and is not inconsistent with, or varied by, the provisions of this Order, is hereby incorporated with this Order.
2
In the Act of 1847 as so incorporated —
a
section 15 shall have effect as if, for the words from “shall forfeit” to the end of the section, there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”;
b
section 34 shall have effect as if, after the word “may”, there were inserted the words “(on producing, if so required, a duly authenticated document showing his authority)”;
c
section 63 shall have effect as if the words “and a further sum of twenty shillings for every hour that such vessel shall remain within the limits aforesaid, after a reasonable time for removing the same has expired after such requisition” were omitted; and
d
section 69 shall have effect as if for the words from “shall forfeit” to the end of the section there were substituted the words “shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
3
In the construction of the Act of 1847 as so incorporated the expression “the special Act” shall mean this Order, and the expression “vessel” shall have the meaning assigned to it by article 2(1) of this Order.
4
a
For the purposes of section 83 of the Act of 1847 as so incorporated, sections 236 to 238 of the Local Government Act 1972 shall apply to this Order as if it were such an enactment as is referred to in the said section 236, and —
i
for the purposes of the said section 236 the confirming authority for byelaws made under the said section 83 shall be the Secretary of State; and
ii
the said section 236 shall have effect as if in subsection (7) thereof after the word “confirm” where it first occurs the words “with or without modification” were inserted.
b
If the Secretary of State, on considering byelaws made by the Council relating to the Mile End Quay undertaking and submitted under the said section 236 as having effect in accordance with paragraph (a) above, proposes to make a modification which appears to him to be substantial, then —
i
he shall inform the Council and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification; and
ii
he shall not confirm the byelaws until such period has elapsed as he thinks reasonable for the Council and other persons who have been informed of the proposed modification to consider and comment on it.
Power to construct works
4
1
Subject to the provisions of this Order, the Council may, when they have acquired the necessary lands or obtained sufficient interests therein, make and maintain, within the limits of deviation, the following works in the City of Portsmouth: Reclamation of 2.17 hectares of land from the foreshore between the existing Continental Ferry Port and Whale Island Bridge to the north.
2
The Council may within the limits of deviation extend, enlarge, alter, replace or relay the authorised works.
3
The Council may authorise any person to carry out the authorised works.
Power to deviate
5
In constructing the authorised works the Council may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards and to such extent downwards as may be found necessary or convenient.
Further powers as to works
6
Subject to the provisions of this Order, the Council may, in connection with the construction of the authorised works, enclose and reclaim from the foreshore and bed of the sea, and may hold and use as part of the Mile End Quay undertaking, so much of the foreshore and bed of the sea as is situate within the limits of deviation and is required for, or in connection with, the construction of the authorised works.
Subsidiary works
7
1
Subject to paragraph (2) below and to the other provisions of this Order, the Council may, in connection with the authorised works and within the limits of deviation, construct, erect, lay down, place, maintain, remove, replace, work or use all necessary or convenient bridges, abutments, booms, pontoons, fenders, bollards, ladders, tanks, pumps, conduits, pipes, wires, mains, cables, rails, signals, conveyors, cranes, lifts, hoists, passenger side loaders, drops, weighbridges, stairs, stages, platforms, catwalks, landing places, dolphins, buoys, moorings, beacons, approaches, buildings, sheds, offices, depots, roads, walls, fences, gates, equipment, machinery and appliances and such other works and apparatus as they think fit.
2
Electrical works or equipment constructed, erected, laid down, or placed or maintained, worked or used pursuant to the powers conferred by this article shall be so constructed, erected, laid down or placed, and so maintained, worked or used, that any electricity generated or conveyed by any such works or equipment or used therein or in connection therewith does not cause interference (whether by induction or otherwise) with any telecommunications apparatus or with telecommunication by means of any such apparatus.
Power to appropriate lands and works for particular trades etc
8
Notwithstanding anything in any statutory provision of local application the Council may from time to time for the purpose of or in connection with the management of the Mile End Quay undertaking set apart and appropriate any part of the authorised works for the exclusive, partial or preferential use and accommodation of any particular trade, person, vessel or class of vessels, or goods, subject to the payment of such charges and subject to such terms, conditions and regulations as the Council may think fit.
Limits of Harbour Master’s jurisdiction
9
1
Subject to the provisions of paragraph (2) below, the limits within which the powers of the Harbour Master of the Council may be exercised under and subject to the provisions of the Act of 1847 as incorporated with this Order, and all other powers enabling him in that behalf, shall extend —
a
to a distance of 100 metres in every direction from the authorised works; and
b
to so much of the dredged channels provided for access to those works and for accommodation of vessels at those works under article 12 (Power to dredge, etc) of this Order as extend beyond 100 metres from those works.
2
The powers exercisable by virtue of this article shall be limited to vessels going to, moored at, or departing from the authorised works.
3
Section 52 of the Act of 1847 as incorporated with this Order shall extend to empower the Harbour Master of the Council to give directions prohibiting the mooring of vessels in or near to any approach to the authorised works.
4
In a case of conflict between any direction given by the Harbour Master of the Council and any direction given by the Queen’s Harbour Master, the direction given by the Queen’s Harbour Master shall prevail.
Recovery of rates in respect of vessels
10
In addition to the remedy given by section 44 of the Act of 1847 as incorporated with this Order (recovery of rates in respect of a vessel by distraint and sale of the vessel and its tackle), and whether or not the collector of rates has gone on board the vessel and demanded any rates which the master of the vessel has neglected or refused to pay, the Council may recover such rates as a debt in any court of competent jurisdiction.
Harbour Master may prevent sailing of vessels
11
The Harbour Master of the Council may prevent the removal or sailing from the authorised works of any vessel until evidence has been produced to him of the payment of any ship, passenger and goods dues and other charges payable in respect of the vessel or of passengers thereon or of the goods imported or exported therein.
Power to dredge etc
12
1
The Council may with the consent of the Queen’s Harbour Master enter upon and from time to time dredge, scour, deepen and improve the bed, shores and channels of the sea adjoining or near to the authorised works for the purpose of affording uninterrupted means of access thereto or the accommodation of vessels thereat.
2
Without prejudice to the generality of paragraph (1) above, the Council may exercise the powers of that paragraph so as to ensure a depth of 1.5 metres below Admiralty chart datum in the vicinity of, and in the approaches to, the authorised works.
3
All chalk, gravel, rock and other materials dredged up or removed by the Council in the exercise of the powers of this article shall be the property of the Council; and they may use the same or any part thereof, or they may sell or otherwise dispose of or remove or deposit the same, as they think fit:
Provided that no such materials shall be laid down or deposited in any place below the level of high water —
otherwise than in such a position and under such conditions and restrictions as may be specified by the Secretary of State; and
without the consent in writing of the Queen’s Harbour Master having been first obtained.
4
The powers of the Council under this article shall be exercisable subject to the provisions of articles 25 (Crown rights) and 26 (Saving rights of Queen’s Harbour Master) of this Order; and, in particular and without prejudice to that general limitation, any consent given to the exercise of such powers by the Crown Estate Commissioners on behalf of Her Majesty may be given subject to such restrictions and conditions (including the payment by the Council to the Crown Estate Commissioners of royalties, rents or sums of money in respect of materials raised from any place below the level of high water and sold by the Council under this article or in respect of any place below the level of high water upon which materials may be deposited) as may be fixed by the Crown Estate Commissioners.
Fine for obstructing works
13
Any person who intentionally or recklessly obstructs any person acting under the authority of the Council in setting out the lines of the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Tidal works not to be executed without approval of Secretary of State
14
1
A tidal work shall not be constructed, altered, enlarged, replaced, relaid or extended except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, enlarged, replaced, relaid or extended in contravention of this article —
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part thereof and to restore the site thereof to its former condition; and, if on the expiration of thirty days from the date when the notice is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition; and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council as a debt in any court of competent jurisdiction.
Provision against danger to navigation
15
1
In case of injury to or destruction or decay of a tidal work or any part thereof the Council shall as soon as reasonably practicable notify Trinity House and the Queen’s Harbour Master and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to notify Trinity House or the Queen’s Harbour Master as required by paragraph (1) above or to comply in any respect with a direction given under that paragraph, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
16
1
Where a tidal work is abandoned or suffered to fall into decay, the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work or any portion thereof in any notice under this article.
3
If on the expiration of thirty days from the date when a notice under this article is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by him in so doing shall be recoverable from the Council as a debt in any court of competent jurisdiction.
Survey of tidal works
17
If the Secretary of State any any time deems it expedient to do so, he may order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Council as a debt in any court of competent jurisdiction.
Permanent lights on tidal works
18
1
After the completion of a tidal work the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under paragraph (1) above, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Lights on tidal works during construction
19
1
The Council shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying or extension thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under paragraph (1) above, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Power to lease
20
The Council may lease or grant the use or occupation of, or any right or interest in or over, any lands, works, buildings, equipment or other property forming part of the authorised works for harbour purposes for such period and on such terms and conditions as shall be agreed between the Council and the person taking the same.
Parking places
21
The Council may provide facilities within the authorised works for the parking of vehicles (including trailers) and for that purpose may erect barricades or fencing with relative offices, waiting rooms and other conveniences and may make reasonable charges for the use of such facilities.
Removal of vehicles etc.
22
1
If a vehicle is left without the permission of the Council —
a
in any place where it is likely to obstruct or interfere with the use of the authorised works; or
b
in any part of the authorised works where the parking of vehicles is prohibited by notice erected by the Council; the Council may remove the vehicle or cause it to be removed.
2
Any notice erected under paragraph (1)(b) above shall be conspicuously posted in or close to the place to which it relates.
3
Where the Council in exercise of the powers of this article remove a vehicle or cause it to be removed, the expense of and incidental to the removal shall be recoverable by the Council from any person responsible as a debt in any court of competent jurisdiction.
4
For the purposes of paragraph (3) above, “person responsible” shall have the same meaning as in section 102(8) of the Road Traffic Regulation Act 1984 .
5
If the Council in exercise of the powers of this article remove a mechanically propelled vehicle to a place not readily visible from the place whence it is so removed they shall, if and so soon as it is reasonably practicable to do so, send to the person for the time being registered as the owner of the vehicle for the purposes of the Road Vehicles (Registration and Licensing) Regulations 1971 or any other regulations having the like effect for the time being in force, at his last known address, his registered address or the address where the vehicle is ordinarily kept, notice that they have exercised the powers of this article and of the place to which the vehicle has been removed.
6
In this article “vehicle” includes trailer.
Further extension of section 86 of Portsmouth Corporation Act 1959
23
Section 86 (Powers with respect to disposal of wrecks) of the Portsmouth Corporation Act 1959 , as having effect in accordance with —
a
article 21 of the Portsmouth Mile End Quay Revision Order 1966 ;
b
article 21 of the Portsmouth Mile End Quay Revision Order 1973 ;
c
article 15 of the Portsmouth Mile End Quay Harbour Revision Order 1988 ;
d
article 24 of the Portsmouth Mile End Quay Harbour Revision Order 1991 ; and
e
article 21 of the Portsmouth Mile End Quay (Berth No 2 Extension) Harbour Revision Order 1993 ;
shall have effect as if the references to any approach to the Flathouse Wharf and Quay in subsections (1) and (7) of that section included references to any approach to the authorised works.
Protection of National Rivers Authority
24
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the application of any byelaws made under the Water Resources Act 1991 or relieve any person of the obligation to obtain any consent or licence from the National Rivers Authority required under that Act or any other enactment.
Crown rights
25
Nothing in this Order affects prejudicially any estate, right, power, privilege or exemption of the Crown and, in particular, nothing in this Order authorises the Council to take, use or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary or any land, hereditaments, subjects or rights of whatsoever description belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners on behalf of Her Majesty first had and obtained for that purpose.
Saving rights of Queen’s Harbour Master
26
Nothing in this Order shall take away, alter, prejudice or affect the jurisdiction or any rights, powers, authorities or privileges of the Queen’s Harbour Master.
Inquiries by Secretary of State
27
The Secretary of State may cause such inquiries to be held as he may consider necessary for the purposes of the exercise of any of his powers or duties under this Order, and subsections (2) to (5) inclusive of section 250 of the Local Government Act 1972 shall apply to any such inquiry as if it were a local inquiry held in pursuance of subsection (1) of that section.
Nick Montagu,
A Deputy Secretary in the
Department of Transport
Signed by authority of the Secretary of State for Transport
20th October 1994


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Amendment) Regulations 1994 and shall come into force —
a
for the purposes of regulations 1 and 2, on 1st April 1994; and
b
for the purposes of regulation 3 —
i
in any case where rent is payable at intervals of one month or any other interval which is not a week, or a multiple thereof, on 1st April 1994; and
ii
in any other case, on 4th April 1994.
Amendment of the Council Tax Benefit (General) Regulations 1992
2
1
The Council Tax Benefit (General) Regulations 1992 shall be amended in accordance with the following provisions of this regulation.
2
After regulation 4 (remunerative work) there shall be inserted the following regulation —
Persons from Abroad
4A
1
A person from abroad is a person of a prescribed class for the purposes of section 131(3)(b) of the Contributions and Benefits Act 1992.
2
In paragraph (1) a “person from abroad” means a person other than a personto whom paragraph (3) or (5) applies, who has limited leave (as defined in section 33(1) of the 1971 Act ) to enter or remain in the United Kingdom which was given in accordance with any provision in the immigration rules (as defined in that section) relating to —
a
there being, or to there needing to be, no recourse to public funds, or
b
there being no charge on public funds,
during that limited leave.
3
Subject to paragraph (6) this paragraph applies to a person who —
a
is a national of a European Economic Area State , a state which is a signatory to the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953) , a state which is a signatory to the Council of Europe Social Charter (signed in Turin on 18th October 1961), the Channel Islands or the Isle of Man; or
b
having, during any one period of limited leave (including any such period as extended), supported himself without recourse to public funds other than any such recourse by reason of the previous application of this sub-paragraph, is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted, provided that there is a reasonable expectation that his supply of funds will be resumed.
4
In paragraph (1) “person from abroad” also means any person other than a person to whom paragraph (5) applies who —
a
having a limited leave (as defined in section 33(1) of the 1971 Act) to enter or remain in the United Kingdom, has remained without further leave under that Act beyond the time limited by the leave; or
b
is the subject of a deportation order being an order under section 5(1) of the 1971 Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom except where his removal from the United Kingdom has been deferred in writing by the Secretary of State; or
c
is adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act) who has not subsequently been given leave under that Act to enter or remain in the United Kingdom except a person who has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State.
5
This paragraph applies to a person who —
a
is an asylum seeker, and for this purpose a person —
i
becomes an asylum seeker when he has submitted a claim for asylum to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, and the protocol to that convention, for him to be removed from, or required to leave, the United Kingdom and that claim is recorded by the Secretary of State as having been made; and
ii
ceases to be an asylum seeker when his claim is recorded by the Secretary of State as having been finally determined or abandoned; or
b
is awaiting the outcome of an appeal under Part II of the 1971 Act (including any period for which the appeal is treated as pending under section 33(4) of that Act); or
c
has no or no further right of appeal under the 1971 Act but has been allowed to remain in the United Kingdom while an application so to remain is, or representations on his behalf are, being considered by the Secretary of State; or
d
except where he is a person to whom paragraph (4)(b) applies, has been granted permission to remain in the United Kingdom pending the removal from the United Kingdom of a person who is the subject of a deportation order but whose deportation has been deferred in writing by the Secretary of State; or
e
is subject to a direction for his removal from the United Kingdom but whose removal has been deferred in writing by the Secretary of State; or
f
is in receipt of income support.
6
Paragraph (3)(b) shall not apply to a person who has been temporarily without funds for any period, or the aggregate of any periods, exceeding 42 days during any one period of limited leave (including any such period as extended).
7
In this regulation —
“the 1971 Act” means the Immigration Act 1971 ; and
a “European Economic Area State” means a Member State, or Norway, Sweden, Iceland, Austria or Finland.
.
3
Regulation 41 (further provision with respect to students entering the United Kingdom from abroad) is hereby revoked.
4
In the case of a person who was entitled to council tax benefit in respect of 31st March 1994 the preceding provisions of this regulation shall only apply to him —
a
on the day immediately following the day on which the person’s benefit period which includes 31st March 1994 ends; and
b
on any day thereafter.
Amendment of the Housing Benefit (General) Regulations 1987
3
1
The Housing Benefit (General) Regulations 1987 shall be further amended in accordance with the following provisions of this regulation.
2
After regulation 7 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) there shall be inserted the following regulation:
Persons from Abroad
7A
1
A person from abroad who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable.
2
In paragraph (1) a “person from abroad” means a person, other than a person to whom paragraph (3) or (5) applies, who has limited leave (as defined in section 33(1) of the 1971 Act) to enter or remain in the United Kingdom which was given in accordance with any provision in the immigration rules (as defined in that section) relating to —
a
there being, or to there needing to be, no recourse to public funds, or
b
there being no charge on public funds,
during that limited leave.
3
Subject to paragraph (6) this paragraph applies to a person who —
a
is a national of a European Economic Area State, a state which is a signatory to the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953) , a state which is a signatory to the Council of Europe Social Charter (signed in Turin on 18th October 1961), the Channel Islands or the Isle of Man; or
b
having, during any one period of limited leave (including any such period as extended), supported himself without recourse to public funds other than any such recourse by reason of the previous application of this sub-paragraph, is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted, provided that there is a reasonable expectation that his supply of funds will be resumed.
4
In paragraph (1) “person from abroad” also means any person other than a person to whom paragraph (5) applies who —
a
having a limited leave (as defined in section 33(1) of the 1971 Act) to enter or remain in the United Kingdom, has remained without further leave under that Act beyond the time limited by the leave; or
b
is the subject of a deportation order being an order under section 5(1) of the 1971 Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom except where his removal from the United Kingdom has been deferred in writing by the Secretary of State; or
c
is adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act) who has not subsequently been given leave under that Act to enter or remain in the United Kingdom except a person who has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State.
5
This paragraph applies to a person who —
a
is an asylum seeker, and for this purpose a person —
i
becomes an asylum seeker when he has submitted a claim for asylum to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, and the protocol to that convention, for him to be removed from, or required to leave, the United Kingdom and that claim is recorded by the Secretary of State as having been made; and
ii
ceases to be an asylum seeker when his claim is recorded by the Secretary of State as having been finally determined or abandoned; or
b
is awaiting the outcome of an appeal under Part II of the 1971 Act (including any period for which the appeal is treated as pending under section 33(4) of that Act); or
c
has no or no further right of appeal under the 1971 Act but has been allowed to remain in the United Kingdom while an application so to remain is, or representations on his behalf are, being considered by the Secretary of State; or
d
except where he is a person to whom paragraph (4)(b) applies, has been granted permission to remain in the United Kingdom pending the removal from the United Kingdom of a person who is the subject of a deportation order but whose deportation has been deferred in writing by the Secretary of State; or
e
is subject to a direction for his removal from the United Kingdom but whose removal has been deferred in writing by the Secretary of State; or
f
is in receipt of income support.
6
Paragraph (3)(b) shall not apply to a person who has been temporarily without funds for any period, or the aggregate of any periods, exceeding 42 days during any one period of limited leave (including any such period as extended).
7
In this regulation
“the 1971 Act” means the Immigration Act 1971 ;
a “European Economic Area State” means a Member State or Norway, Sweden, Iceland, Austria or Finland.
.
3
Regulation 49 (circumstances in which certain students are to be treated as not liable to make payments in respect of a dwelling) is hereby revoked.
4
In the case of a person who was entitled to housing benefit in respect of 31st March 1994 or in a case to which regulation 1(b)(ii) applies, 3rd April 1994, the preceding provisions of this regulation shall only apply to him —
a
on the day immediately following the day on which the person’s benefit period, which includes 31st March 1994 or, as the case may be, 3rd April 1994, ends; and
b
on any day thereafter.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
1st March 1994


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Breckland) Designation (Amendment) Order 1994 and shall come into force on 30th April1994.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Breckland) Designation Order 1993 .
Amendment of the principal Order
3
The principal Order shall be amended in accordance with the following provisions f this Order.
Definitions
4
In article 2 of the principal Order —
1
before the definition of “agreement” there shall be inserted the following definition:
“access route” means a strip of land 10 metres wide which is the subject of an agreement including the requirements specified in Schedule 6A to public access;
;
2
after the definition of “agreement” there shall be inserted the following definition:
“conservation plan” means a plan for the carrying out of one or more of the operations specified in Schedule 6A which the farmer undertakes, as part of an agreement, to implement within a period of two years;
;
3
after the definition of “heathland” there shall be inserted the following definition:
“recognised dairy breed” means one of the following breeds, namely, Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry;
.
Requirements to be included in an agreement
5
After article 4 of the principal Order there shall be inserted the following article:
4A
An agreement may include the requirements as to public access specified in Schedule 6A to this Order.
.
Rates of payment under agreement
6
1
hAfter paragraph (1)
of article 6 of the principal Order there shall be inserted the following paragraph:
1A
Where an agreement includes the requirements as to public access specified in Schedule 6A the Minister shall make payments at the rate of £170 per annum for each hectare of access route.
.
2
For paragraph (2)
of article 6 of the principal Order there shall be substituted the following paragraph:
2
Where an agreement includes a conservation plan, the Minister shall also make payments in respect of the aggregate of the operations included in the plan at a rate not exceeding 75 per annum for each hectare of land to which the agreement relates, subject to a maximum of £3,000 for each such plan.
.
Schedules
7
1
In Schedule 6 for the heading “SUPPLEMENTARY REQUIREMENTS” there shall be substituted the heading “REQUIREMENTS TO BE INCLUDED IN AN AGREEMENT”.
2
After Schedule 6 to the principal Order there shall be inserted the provisions of the Schedule to this Order.
3
After paragraph 12 of Schedule 7 to the principal Order there shall be inserted the following paragraph:
13
The provision and restoration of gates, stiles and footbridges where an agreement includes the requirements of Schedule 6A as to public access
.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 18th March 1994.
Gillian Shephard
Minister of Agriculture, Fisheries and Food
We consent,
Irvine Panick
Timothy Wood
Two of the Lords Commissioners of Her Majesty’s Treasury
24th March 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service (Determination of Districts) (No. 2) Order 1994 and shall come into force on 1st June 1994.
2
In this Order —
“ the Act ” means the National Health Service Act 1977;
“the material date” means 1st June 1994;
“the new authority” means the Newcastle and North Tyneside Health Authority being an authority established by the National Health Service (District Health Authorities) (No. 2) Order 1994 ;
“the old authorities” means Newcastle Health Authority and North Tyneside Health Authority the establishment of each of which was continued by the National Health Service (District Health Authorities) Order 1990 .
Variation of districts
2
1
Newcastle District and North Tyneside District are hereby abolished, and there is determined a new district to be known as Newcastle and North Tyneside District comprising the former Newcastle District and the former North Tyneside District.
2
Accordingly —
a
in Part II of Schedule 1 to the National Health Service (Determination of Districts) Order 1981 the entries in columns (1), (2), (3) and (4) relating to Newcastle District and North Tyneside District are omitted; and
b
in Part I of that Schedule, after the entry relating to Leeds District there are inserted in columns (1), (2) and (3) the entries set out in the Schedule to this Order.
Transfer of officers employed by District Health Authorities
3
1
Except as provided by paragraph (2)
of this article, any officer employed immediately before the material date by either of the old authorities is transferred on the material date to the employment of the new authority, and the contract of employment of that officer is modified so as to substitute as the employer the new authority.
2
Where —
a
this article makes provision for the transfer of an officer; and
b
the officer in question is employed jointly by either of the old authorities and another person,
that provision shall have effect to transfer that officer to the employment of the new authority and that other person jointly, and the contract of employment of that officer is modified so as to substitute the new authority as one of the joint employers.
Preservation of training arrangements
4
Training arrangements made by either of the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship, and which have not been discharged before the material date, continue to apply with the substitution for the old authority of the new authority.
Enforceability of rights
5
Subject to the following provisions of this Order, any right which was enforceable by or against either of the old authorities is enforceable by or against the new authority.
Winding up of affairs of old authorities
6
It is the duty of the new authority to take, in accordance with such directions as may be given by the Northern and Yorkshire Regional Health Authority, such action as may be necessary for the winding up of the affairs of the old authoritis.
Accounts of old authorities
7
Any duty imposed on either of the old authorities by section 98(a) of the Act, but not performed by the material date, shall be performed by the new authority in accordance with the provisions of that section, any regulations made under that section and any directions which may be given by the Secretary of State.
Provision for continuity in exercise of functions
8
1
Anything duly done by, or any application duly made by, or any direction, authorisation or notice duly given to or by, either of the old authorities is deemed to have been duly done by, or made or given to or by, the new authority.
2
Any instrument made by either of the old authorities continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the new authority.
3
Any form supplied by either of the old authorities and any form supplied by the Secretary of State relating to either of the old authorities continues to be a valid form in relation to the new authority until it is cancelled or withdrawn by the Secretary of State or, as the case may be, the new authority, as if any reference contained in the form to either of the old authorities were a reference to the new authority.
Accommodation and services made available on payment of charges
9
To the extent that any accommodation and services at any hospital in the district of either of the old authorities are, immediately before the material date, authorised to be made available under section 65(b) of the Act, they continue to be authorised to be made available under that section, to the extent determined by that old authority, on or after that date until such authorisation is varied or revoked by the new authority.
Investigation of complaints by Health Service Commissioner
10
1
A complaint made under the Health Service Commissioners Act 1993
to the Health Service Commissioner for England in relation to either of the old authorities, whether made before, on or after the material date, may be investigated by that Commissioner notwithstanding the abolition of that authority, as if the complaint had been made in relation to the new authority.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the new authority and to the Northern and Yorkshire Regional Health Authority.
Transfer of trust property of old authorities
11
Any trust property vested immediately before the material date in either of the old authorities shall on the material date be transferred to the new authority.
Exercise of powers in relation to trusts
12
Where, immediately before the material date, any power to appoint trustees of a charity connected with purposes relating to the health service is under the trusts of the charity vested in either of the old authorities, that power vests on the material date in the new authority.
Appointment of new trustees
13
Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include a person who is a trustee by virtue of his office with either of the old authorities, the trustees shall from that date instead include the holder of the corresponding office with the new authority.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State
Department of Health
10th May 1994


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Insurance Premium Tax Regulations 1994 and shall come into force on 1st August 1994.
Interpretation
2
1
In these Regulations —
“accounting period” means —
in the case of a registered person, each period of three months ending on the dates notified to him by the Commissioners, whether by means of a certificate of registration issued by them or otherwise;
in the case of a registrable person who is not registered, each quarter; or
in the case of any registrable person, such other period in relation to which he is required by or under regulation 12 to make a return;
and, in every case, the first accounting period of a registrable person shall commence on the effective date determined in accordance with section 53 of the Act upon which the person was or should have been registered;
“the Act” means Part III of the Finance Act 1994
“ Collector ” means a Collector, Deputy Collector or Assistant Collector of Customs and Excise
“ Lloyd's ” means the society incorporated by section 3 of Lloyd’s Act 1871 ;
“managing agent” has the same meaning as in section 12(1) of Lloyd’s Act 1982 ;
“registered person” means a person who is registered under section 53 of the Act and, except in regulation 30, “register” and “registration” shall be construed accordingly;
“registration number” means the unique identifying number allocated to a registered person and notified to him by the Commissioners;
“return” means a return which is required to be made in accordance with regulation 12;
“underwriting member” has the same meaning as in section 2(1) of Lloyd’s Act 1982.
2
Any reference in these Regulations to “this Part” is a reference to the Part of these Regulations in which that reference is made.
3
Any reference in these Regulations to a form prescribed in the Schedule to these Regulations shall include a reference to a form which the Commissioners are satisfied is a form to the like effect.
Requirement, direction, demand or approval
3
Any requirement, direction, demand or approval by the Commissioners under or for the purposes of these Regulations shall be made or given by a notice in writing.
PART II
REGISTRATION AND PROVISIONS FOR SPECIAL CASES
Notification of liability to register
4
1
A person who is required by section 53(2) of the Act to notify the Commissioners of the facts there mentioned shall do so on the form numbered 1 in the Schedule to these Regulations.
2
Where the notification referred to in this regulation is made by a partnership, it shall include the particulars set out on the form numbered 2 in the Schedule to these Regulations.
3
The notification referred to in this regulation shall be made within thirty days of the earliest date after 31st July 1994 on which the person either forms or continues to have the intention to receive premiums in the course of a taxable business.
Changes in particulars
5
1
A person who has made the notification referred to in regulation 4, whether or not it was made in accordance with paragraph (3) of that regulation, shall, within thirty days of any change occurring which causes to become inaccurate any of the information which was required to be contained in the notification, notify the Commissioners in writing and furnish them with full particulars thereof.
2
Where in relation to a registered person the Commissioners are satisfied that any of the information recorded in the register is no longer accurate they may correct the register accordingly.
3
For the purposes of paragraph (2) above, it is immaterial whether or not the registered person has notified the Commissioners of any change which has occurred in accordance with paragraph (1) above.
Notification of liability to be de-registered
6
A person who is required by section 53(3) of the Act to notify the Commissioners of the facts there mentioned shall, within thirty days of his having ceased to have the intention to receive premiums in the course of any taxable business, notify the Commissioners in writing and shall therein inform them of —
a
the date on which he ceased to have the intention of receiving premiums in the course of any taxable business; and
b
if different, the date on which the last such premium was received.
Transfer of a going concern
7
1
Where —
a
a taxable business is transferred as a going concern;
b
the registration of the transferor has not already been cancelled;
c
as a result of the transfer of the business the registration of the transferor is to be cancelled and the transferee becomes liable to be registered; and
d
an application is made on the form numbered 3 in the Schedule to these Regulations by both the transferor and the transferee,
the Commissioners may with effect from the date of the transfer cancel the registration of the transferor and register the transferee with the registration number previously allocated to the transferor.
2
An application under paragraph (1) above shall be treated as the notification referred to in regulation 6.
3
Where the transferee of a business has been registered under paragraph (1) above with the registration number previously allocated to the transferor —
a
any liability of the transferor existing at the date of the transfer to make a return or account for or pay any tax under Part III of these Regulations shall become the liability of the transferee;
b
any entitlement of the transferor, whether or not existing at the date of the transfer, to credit or payment under Part IV of these Regulations shall become the entitlement of the transferee.
4
In addition to the provisions set out in paragraph (3) above, where the transferee of a business has been registered under paragraph (1) above with the registration number previously allocated to the transferor during an accounting period subsequent to that in which the transfer took place (but with effect from the date of the transfer) and any —
a
return has been made;
b
tax has been accounted for; or
c
entitlement to credit has been claimed,
by either the transferor or the transferee, it shall be treated as having been done by the transferee.
5
Where —
a
a taxable business is transferred as a going concern;
b
the transferee makes a payment to a person which represents the repayment of any premium or part of a premium received in the course of that business; and
c
the transferor has paid tax on that premium or part,
then, whether or not the transferee has been registered under paragraph (1) above with the registration number previously allocated to the transferor, any entitlement to credit under Part IV of these Regulations shall become the entitlement of the transferee.
Registration of Lloyd’s syndicates
8
1
Where a taxable business is carried on by persons who are underwriting members of Lloyd’s who are members of a syndicate of such underwriting members the registration of those persons for the purposes of the Act may be by reference to the syndicate; and, where such a syndicate is not known by any name, the registration may be by reference to any number or other identifying feature of the syndicate.
2
In determining whether premiums are received by any syndicate which has been registered in the manner described in paragraph (1) above no account shall be taken of any change in the members of the syndicate.
Representation of Lloyd’s syndicates
9
1
Anything required to be done by or under the Act (whether by these Regulations or otherwise) by or on behalf of a syndicate of underwriting members of Lloyd’s shall be the joint and several responsibility of the persons mentioned in paragraph (2) below; but if it is done by any of those persons it shall be sufficient compliance with any such requirement.
2
The persons are —
a
the underwriting members of the syndicate;
b
the managing agent of the syndicate; and
c
as regards any accounting period for which it is required by paragraph (3) below to act as the syndicate’s representative, Lloyd's.
3
Where a syndicate of underwriting members of Lloyd’s has made an election that Lloyd’s shall act as its representative Lloyd’s shall so act in relation to any accounting period as regards which —
a
that election has effect;
b
the syndicate is registered as described in regulation 8; and
c
the scheme established by Part V of these Regulations applies to the syndicate.
4
An election under paragraph (3) above shall be made in writing and shall specify the first accounting period of the syndicate in respect of which the election is to have effect, being an accounting period beginning on or after the date the election is made.
5
Subject to paragraphs (6) and (7) below, an election under paragraph (3) above shall have effect for the accounting period specified in the election and all subsequent accounting periods.
6
An election under paragraph (3) above shall not have effect unless written notification of the election is given to the Commissioners before the beginning of the accounting period specified in the election.
7
An election under paragraph (3) above shall cease to have effect with effect from the accounting period specified in any notice in writing given by the syndicate to the Commissioners for this purpose, being an accounting period beginning after the date the notice is given.
Representation of unincorporated body
10
1
Where anything is required to be done by or under the Act (whether by these Regulations or otherwise) by or on behalf of an unincorporated body other than a partnership, it shall be the joint and several responsibility of —
a
every member holding office as president, chairman, treasurer, secretary or any similar office; or
b
if there is no such office, every member holding office as a member of a committee by which the affairs of the body are managed; or
c
if there is no such office or committee, every member;
but, subject to paragraph (2) below, if it is done by any of the persons referred to above that shall be sufficient compliance with any such requirement.
2
Where an unincorporated body other than a partnership is required to make any notification such as is referred to in regulations 4 to 6, it shall not be sufficient compliance unless the notification is made by a person upon whom a responsibility for making it is imposed by paragraph (1) above.
3
Where anything is required to be done by or under the Act (whether by these Regulations or otherwise) by or on behalf of a partnership, it shall be the joint and several responsibility of every partner; but if it is done by one partner or, in the case of a partnership whose principal place of business is in Scotland, by any other person authorised by the partnership with respect thereto that shall be sufficient compliance with any such requirement.
Death, bankruptcy or incapacity of registrable persons
11
1
If a registrable person dies or becomes bankrupt or incapacitated, the Commissioners may, from the date on which he died or became bankrupt or incapacitated, as the case may be, treat as a registrable person any person carrying on any taxable business of his; and any legislation relating to insurance premium tax shall apply to any person so treated as though he were a registered person.
2
Any person carrying on such business as aforesaid shall, within thirty days of commencing to do so, inform the Commissioners in writing of that fact and of the date of the death or bankruptcy or of the nature of the incapacity and the date on which it began.
3
Where the Commissioners have treated a person carrying on a business as a registrable person under paragraph (1) above, they shall cease so to treat him if —
a
the registration of the registrable person is cancelled, whether or not any other person is registered with the registration number previously allocated to him;
b
the bankruptcy is discharged or the incapacity ceases; or
c
he ceases carrying on the business of the registrable person.
4
In relation to a registrable person which is a company, the references in this regulation to the registrable person becoming incapacitated shall be construed as references to its going into liquidation or receivership or to an administration order being made in relation to it; and references to the incapacity ceasing shall be construed accordingly.
PART III
ACCOUNTING, PAYMENT AND RECORDS
Making of returns
12
1
Subject to paragraphs (2) and (4) below and save as the Commissioners may otherwise allow, a registrable person shall, in respect of each accounting period, make a return to the Controller, Central Collection Unit ( IPT ) on the form numbered 4 in the Schedule to these Regulations.
2
Lloyd’s may, in respect of any two or more syndicates of underwriting members of Lloyd’s for which it is required by regulation 9(3) to act as representative as regards an accounting period which, as regards each such syndicate, begins on the same date and ends on the same date, make a return on the form numbered 5 in the Schedule to these Regulations; and, provided it is accompanied by a summary schedule on the form numbered 6 in the Schedule to these Regulations, the making of a return under this paragraph shall be treated as sufficient compliance with paragraph (1) above in relation to the accounting period of each of the syndicates concerned.
3
Subject to paragraph (4) below, a registrable person shall make each return not later than the last day of the month next following the end of the period to which it relates.
4
Where the Commissioners consider it necessary in the circumstances of any particular case, they may —
a
vary the length of any accounting period or the date on which it begins or ends or by which any return must be made;
b
allow or direct the registrable person to make a return in accordance with sub-paragraph (a) above;
c
allow or direct a registrable person to make returns to a specified address;
and any person to whom the Commissioners give any direction such as is referred to in this regulation shall comply therewith.
Correction of errors
13
1
In this regulation —
“credit” means credit to which a person is entitled under Part IV of these Regulations;
“overdeclaration” means, in relation to any return, the amount (if any) which was wrongly treated as tax due for the accounting period concerned and which caused either the amount of tax which was payable to be overstated or the entitlement to a payment under regulation 19(1) to be understated or both or would have caused such an overstatement or understatement were it not for the existence of an underdeclaration in relation to that return;
“underdeclaration” means, in relation to any return, the aggregate of —
the amount (if any) of tax due for the accounting period concerned which was not taken into account; and
the amount (if any) which was wrongly deducted as credit,
and which caused either the amount of tax which was payable to be understated or the entitlement to a payment under regulation 19(1) to be overstated or both or would have caused such an understatement or overstatement were it not for the existence of an overdeclaration in relation to that return.
2
This regulation applies where a registrable person has made a return which was inaccurate as the result of an overdeclaration or underdeclaration.
3
Where, in relation to any overdeclarations or underdeclarations that are discovered by the registrable person in an accounting period —
a
the total of the overdeclarations discovered does not exceed £2,000, he may enter that total in the box opposite the legend “Overdeclarations from previous periods” in the return for that accounting period;
b
the total of the underdeclarations discovered does not exceed £2,000, he may enter that total in the box opposite the legend “Underdeclarations from previous periods” in the return for that accounting period;
and, where he does so, he shall calculate the tax payable by him or the payment to which he is entitled accordingly.
4
Where the return for the accounting period in which the overdeclaration or underdeclaration was discovered is made by Lloyd’s in accordance with regulation 12(2), paragraph (3) above shall apply as if the references to the totals of the overdeclarations or underdeclarations not exceeding £2,000 were references to each such total for each syndicate in respect of which the return is made not exceeding £2,000.
5
No amount shall be entered in any return in respect of any overdeclaration or underdeclaration except in accordance with this regulation.
6
Where any amount has been entered in a return in accordance with this regulation, that return shall be regarded as correcting any earlier return to which that amount relates.
Claims for overpaid tax
14
Except where the amount to which the claim relates has been entered in a return in accordance with regulation 13 or is included in an amount so entered, any claim under paragraph 8 of Schedule 7 to the Act shall be made in writing to the Commissioners and shall, by reference to such documentary evidence as is in the possession of the claimant, state the amount of the claim and the method by which that amount was calculated.
Payment of tax
15
Save as the Commissioners may otherwise allow or direct, any person required to make a return shall pay to the Controller, Central Collection Unit (IPT) such amount of tax as is payable by him in respect of the accounting period to which the return relates no later than the last day on which he was required to make the return.
Records
16
1
Every registrable person shall, for the purpose of accounting for tax, keep and preserve the following —
a
his business and accounting records;
b
policy documents, cover notes, endorsements and similar documents, and copies of such documents that are issued by him;
c
copies of all invoices, renewal notices and similar documents issued by him;
d
all credit or debit notes or other documents received by him which evidence an increase or decrease in the amount of any premium, and copies of such documents that are issued by him;
e
such other records as the Commissioners may specify in a notice published by them and not withdrawn by them.
2
Every registrable person shall keep and preserve the records specified in paragraph (1) above for a period of six years.
3
The reference in paragraph (1)(d) above to any premium shall be construed for the purposes of that paragraph as it would be construed for the purposes of Part V of these Regulations.
PART IV
CLAIMS IN RESPECT OF CREDIT
Scope
17
1
This Part applies where an insurer has paid tax and all or part of the premium on which the tax was charged is repaid.
2
Where an insurer receives a premium in an accounting period and repays that premium or part of it in that accounting period, this Part shall apply as if the tax on the premium had already been paid by him.
3
This Part applies subject to regulation 7.
Claims in returns
18
1
Where this Part applies, the insurer shall be entitled to credit of an amount which represents the difference between the amount of tax paid by him and the amount of tax he would have been liable to pay had the premium received by him been reduced or extinguished, as the case may be, by the amount of the repayment.
2
Subject to paragraph (3) below, an insurer who is entitled to credit under this Part may claim it by deducting its amount from any tax due from him for the accounting period in which the premium was repaid or any subsequent accounting period and, where he does so, he shall make his return for that accounting period accordingly.
3
Where the Commissioners have given a special or general direction under section 55(5) of the Act prescribing rules according to which any credit may or shall be held over to an accounting period subsequent to that in which the premium or part was repaid, that credit, subject to any subsequent such direction varying or withdrawing the rules, may only be claimed in accordance with those rules.
Payments in respect of credit
19
1
Subject to paragraph (5) below, where the total credit claimed by the insurer in accordance with this Part exceeds the total of the tax due from him for the accounting period, the Commissioners shall pay to him an amount equal to the excess.
2
Where the Commissioners have cancelled the registration of an insurer in accordance with section 53(5) of the Act, and he is not a registrable person, he shall make any claim in respect of credit to which this Part applies by making an application in writing.
3
An insurer making an application under paragraph (2) above shall furnish to the Commissioners full particulars in relation to the credit claimed, including (but not restricted to) —
a
the return in which the relevant tax was accounted for;
b
the date and manner of payment of that tax;
c
the date of the repayment of the premium or part; and
d
the amounts of both the tax which was paid and the repayment.
4
Subject to paragraph (5) below, where the Commissioners are satisfied that the insurer is entitled to credit as claimed by him, and that he has not previously had the benefit of that credit, they shall pay to him an amount equal to the credit.
5
The Commissioners shall not be liable to make any payment under this regulation unless and until the insurer has made all the returns which he was required to make.
PART V
SPECIAL ACCOUNTING SCHEME
Interpretation
20
1
In this Part —
“date of receipt”, in relation to any premium, means the date on which apart from the operation of the scheme the premium is received or taken to be received by the provisions of the Act
“initial period” means the first of the accounting periods which begin on or after the date specified in a notification made under regulation 21(1)
“premium written date”, in relation to any premium, means the date as at which the insurer makes an entry in his accounts showing the premium as due to him.
2
Any reference in this Part to the accounts of any person shall be construed as a reference to —
a
the books, accounts or other similar records which he maintains in whatever form for the purpose of enabling him to show the premiums receivable by him in the revenue account he is required to prepare by section 17(1) of the Insurance Companies Act 1982 ; and “premiums receivable” has the same meaning as in regulation 3 of the Insurance Companies (Accounts and Statements) Regulations 1983 ; or
b
where he is not required to prepare the revenue account referred to in sub-paragraph (a) above, any books, accounts or other records which would enable him to prepare one.
3
Any reference in this Part to a premium shall be construed as including a reference to anything that, although not actually received by or on behalf of an insurer, would be a premium if it were so received.
4
In deciding whether and (if it does) how the scheme applies to an accounting period of an insurer to whom the scheme has previously applied as regards one or more accounting periods ending before the beginning of the initial period specified in a notification he has made under regulation 21(1), the fact of such previous application of the scheme shall be ignored.
Notification by insurer that scheme to apply
21
1
An insurer who is a registrable person and —
a
is required to prepare the revenue account referred to in regulation 20(2)(a); or
b
not being required to prepare such a revenue account, keeps accounts as described in regulation 20(2)(b),
may notify the Commissioners in writing that the scheme should apply to him as regards accounting periods beginning on or after a date specified in the notification, being a date falling after the date the notification is made.
2
An insurer who has made a notification under paragraph (1) above may notify the Commissioners in writing that he wishes to withdraw the notification and, provided he makes the notification referred to in this paragraph no later than the last day by which he is required to make the return for the initial period and before he has made that return, the scheme shall not apply to him as regards any accounting period.
3
The fact that an insurer has on a previous occasion withdrawn or been expelled from the scheme under regulation 26 or 27 or withdrawn a notification under paragraph (2) above shall not prevent him making a notification under paragraph (1) above.
Relevant accounting periods
22
Subject to regulations 21(2), 26 and 27, the scheme shall apply as regards all the accounting periods of an insurer who has made a notification under regulation 21(1) with effect from the initial period.
Premiums treated as received on premium written date
23
1
Subject to paragraph (8) below, any premium in relation to which —
a
an insurer has made an entry in his accounts showing the premium as due to him;
b
the premium written date falls within a relevant accounting period; and
c
the date of receipt does not fall within an accounting period which is earlier than the initial period and which is not a relevant accounting period,
shall be treated for the purposes of the Act as received by the insurer on the premium written date; and the insurer shall account for tax due in respect of the relevant accounting period concerned accordingly.
2
Paragraph (1) above shall apply even if the premium or any part of it is never actually received by the insurer; and, where it is never actually received because the contract under which it is or would have been received is terminated or is not entered into, the premium shall nonetheless be taken for the purposes of the Act to have been received under the contract (including, where appropriate, a taxable insurance contract) under which the insurer treated it as due.
3
Where in relation to any premium to which paragraph (1) above applies the premium written date is a date other than the date of receipt, the premium shall be treated for the purposes of the Act as not having been received by the insurer on the date of receipt; but this is subject to paragraph (4) below.
4
Paragraph (3) above shall not apply to any excess which falls to be treated as a separate premium in accordance with regulation 24(2).
5
An insurer to whom the scheme applies as regards an accounting period may assume that the scheme will apply as regards all subsequent accounting periods and account for tax due in respect of that period accordingly.
6
Subject to paragraph (7) below, where in relation to a premium —
a
the premium written date falls before 1st October 1994;
b
the premium was actually received by the insurer on or after 1st October 1994; and
c
the contract under which the premium was received is not a contract to which, if the premium had actually been received on the premium written date, section 67(3) of the Act would have applied,
the premium shall be treated for the purposes of the Act as received before 1st October 1994 and the insurer shall accordingly not account for any tax on that premium.
7
Paragraph (6) above shall not apply to any premium where —
a
the contract under which the premium was received relates to a risk the period of cover for which begins on or after 1st October 1994; and
b
it is not the normal practice as regards the class of contract to which that contract belongs for an insurer to make an entry in his accounts showing the premium as due as at a date before the period of cover begins.
8
Where the initial period begins on 1st October 1994, nothing in this regulation shall be taken as requiring a premium —
a
which was actually received by the insurer before 1st October 1994;
b
in respect of which the premium written date falls within a relevant accounting period;
c
which is not taken by virtue of section 67 of the Act to be received on 1st October 1994; and
d
which was received under a contract which relates to a risk the period of cover for which begins before 1st October 1994,
to be treated as received on a date other than the date of receipt.
9
Where in relation to any premium —
a
an insurer has made an entry in his accounts showing the premium as due to him;
b
the entry was made on a date falling within a relevant accounting period; and
c
the premium written date would, apart from this paragraph, fall in a relevant accounting period which is earlier than the accounting period referred to in paragraph (b) above,
the insurer shall be treated for the purposes of this regulation as if he had made the entry showing the premium as due to him as at the date on which the entry was made and that date (and no other date) shall be the premium written date accordingly.
Amount of premium
24
1
Subject to any direction made under section 66 of the Act, where in relation to any premium to which regulation 23(1) applies the amount which is entered in the accounts as due (the initial amount) is not the amount which is or would be found apart from the operation of the scheme to be the amount of the premium in accordance with the provisions of the Act the amount of the premium shall be taken to be the initial amount.
2
Where paragraph (1) above applies and the amount of the premium which is received exceeds the initial amount, the excess shall be treated as a separate premium and shall be treated as received on a date determined in accordance with paragraphs (3) and (4) below.
3
Where an amount of premium is treated as a separate premium in accordance with paragraph (2) above and —
a
the initial amount is not less than the amount which has been agreed with the insured by the insurer or his agent as the amount which, as at the date the entry is made, is due under the contract; and
b
the insurer makes an entry in his accounts showing the excess as due,
it shall be treated as received on the date he makes that entry in his accounts.
4
In any case where an amount of premium is treated as a separate premium in accordance with paragraph (2) above and paragraph (3) above does not apply, the excess shall be treated as received on the date as at which the initial amount is entered in the accounts as due.
5
An insurer who intends to enter in his accounts as due any excess over the initial amount of any premium which, if he were to make such an entry, would be treated as received on a date determined in accordance with paragraph (3) above may assume that it will be so treated until such time as he ceases to have that intention.
6
Where in relation to an amount of premium which is treated as a separate premium in accordance with paragraph (2) above the date of receipt is a date other than the date determined in accordance with paragraphs (3) and (4) above, it shall be treated as not having been received by the insurer on the date of receipt.
Credit
25
1
Subject to paragraph (2) below, where tax has been paid —
a
in respect of a premium to which regulation 24(1) applies and the initial amount exceeds the amount which is or would be found apart from the operation of the scheme to be the amount of the premium in accordance with the provisions of the Act; or
b
in respect of a premium or part of a premium which has not been received,
then, if it is shown to the satisfaction of the Commissioners that that excess, premium or part, as the case may be, will never actually be received, the amount of that excess, premium or part shall be treated as an amount of premium which the insurer has repaid on the date upon which the Commissioners are so satisfied and he shall be entitled to credit for the amount concerned in accordance with Part IV of these Regulations.
2
It shall be a condition of any claim being made by an insurer in reliance upon paragraph (1) above that, if the excess, premium or part (as the case may be) or any part thereof is in fact received by the insurer, he shall pay to the Commissioners an amount equal to the tax chargeable on the amount received; and any amount which the insurer is liable to pay under this paragraph shall be treated as tax due for the accounting period in which the amount of excess or premium was received.
Withdrawal from the scheme
26
1
An insurer may notify the Commissioners in writing that the scheme should not apply to him as regards accounting periods beginning on or after a date specified in the notification (being a date falling after the date the notification is made) and the scheme shall cease to apply to him accordingly.
2
The scheme shall nonetheless continue to apply to an insurer who has made a notification under paragraph (1) above unless and until —
a
he has made all the returns which he was required to make;
b
he has paid all the tax which was payable in respect of the accounting periods for which he was required to make those returns; and
c
the scheme has applied as regards such number of relevant accounting periods as is required in order for the scheme to have applied to him for a period of not less than twelve consecutive months beginning with the first day of the initial period;
and, when he has complied with sub-paragraphs (a) to (c) above and with any requirement to make returns or pay tax arising since the date the notification was made, the scheme shall cease to apply with effect from the first of his accounting periods which begin on or after the date of such compliance.
Expulsion from the scheme
27
1
In any case where the Commissioners consider it necessary for the protection of the revenue, including (but not restricted to) a case where the revenue is prejudiced by reason of the premium written date in relation to premiums falling in accounting periods later than those in which falls the date of receipt, they may give notice to an insurer who has made the notification under regulation 21(1) that the scheme is not to apply to him; and the scheme shall accordingly not apply or cease to apply, as the case may be.
2
Where a notice is given under paragraph (1) above before the last day of the initial period, the scheme shall not apply to any of the accounting periods of the insurer.
3
Where a notice is given under paragraph (1) above on or after the last day of the initial period, the notice shall specify the accounting period of the insurer with effect from which the scheme is not to apply to him, being an accounting period the last day of which falls after the date the notice is given.
Tax to be accounted for on cessation
28
1
Where the scheme has ceased to apply to an insurer by virtue of regulation 26 or 27, he shall account for and pay any tax chargeable on premiums in relation to which the date of receipt falls within a relevant accounting period and for which he has not accounted and which he has not paid in reliance upon the assumption referred to in regulation 23(5) as if the premiums were received in the accounting period with effect from which the scheme has ceased to apply to him.
2
Where the Commissioners have cancelled the registration of an insurer and the last of his accounting periods is a relevant accounting period, paragraph (1) above shall apply as if —
a
the scheme had ceased to apply to him by virtue of regulation 26 or 27; and
b
the reference to the accounting period with effect from which the scheme has ceased to apply to him were a reference to the last of his accounting periods.
PART VI
TAX REPRESENTATIVES
Notification in certain cases
29
1
Where the Commissioners approve a person as an insurer’s tax representative in a case where action has been taken as mentioned in section 57(4) of the Act or a request has been made as mentioned in section 57(10) of the Act, as the case may be, they shall be taken to have given such approval on the date they serve on the insurer a notice in writing confirming their approval or on such later date as may be specified in the notice.
2
Where the Commissioners inform an insurer that they have received a notification such as is referred to in section 57(8) of the Act, they shall be taken to have so informed him on the date they serve on him a notice in writing to that effect.
3
Where the Commissioners make a direction such as is described in section 57(11) of the Act, they shall be taken to have made the direction —
a
on the date they serve on both the insurer and the person who is to be his tax representative a notice in writing confirming that that person shall be his tax representative;
b
where such notices are served on different dates, the later of them; or
c
where such notices specify a date falling after the date on which the later of them is served, the date specified in the notices.
Registration
30
1
The Commissioners shall register alongside the name of an insurer the name of any tax representative of his for the time being.
2
Where the Commissioners withdraw their approval of a tax representative who has been registered by them under paragraph (1) above, they shall cancel that registration.
Liability to notify
31
A tax representative shall not —
a
be jointly and severally liable with the insurer; or
b
be required to secure the insurer’s compliance with or the discharge of his obligation,
in relation to any requirement that the insurer make a notification such as is referred to in regulation 4 or 6.
PART VII
LIABILITY OF INSURED PERSONS
Interpretation
32
In this Part —
“contract” means a taxable insurance contract;
“liability notice” means a notice served under regulation 34;
“material date” has the same meaning as in section 65(4) of the Act;
“tax debt” means a liability to pay an amount which is tax or is deemed to be or recoverable as if it were tax which, at the time of any payment, has not been discharged.
Scope
33
This Part applies where —
a
an insurer who is a registrable person does not have any business establishment or other fixed establishment in the United Kingdom, and
b
no person is that insurer’s tax representative by virtue of section 57 of the Act.
Liability notices
34
Where this Part applies, the Commissioners may serve a notice on the person who is insured under a contract or, where there are two or more such persons, one or more of them.
Power to assess tax due
35
1
This regulation applies where —
a
the Commissioners have served a liability notice or notices; and
b
the insurer —
i
has failed to make any return he was required to make or any such return appears to the Commissioners to be incomplete or incorrect; or
ii
has failed to pay any tax or amount deemed to be tax, including an amount which he was liable to pay by virtue of this Part.
2
Where this regulation applies —
a
the Commissioners may assess to the best of their judgment the amount of any tax due in respect of premiums received by the insurer under the contract after the material date and before the date of the assessment; and
b
the amount so assessed shall be deemed to be the amount of tax due in respect of that contract for the period by reference to which the assessment is made.
Persons liable for tax assessed
36
1
Where the Commissioners make an assessment under regulation 35 and notify it to the insured person, or each of the insured persons, on whom a liability notice in respect of the contract has been served —
a
the insurer; and
b
the insured persons mentioned in this regulation,
shall be jointly and severally liable to pay the amount of tax assessed, to the extent that the assessment has not subsequently been reduced or withdrawn, and that tax shall be recoverable accordingly.
2
An insured person who has been notified of an assessment made under regulation 35 shall be liable in accordance with this regulation to pay the tax so assessed notwithstanding that he has already paid an amount representing that tax or any part of it as part of a premium.
Adjustment of assessments
37
1
Where —
a
an amount of tax has been assessed under regulation 35; and
b
the amount of that tax, or any part of it, has also been assessed under section 56 of the Act and notified to the insurer,
the assessment which has been made under regulation 35 shall be treated as reduced to the extent that the amount referred to in sub-paragraph (b) above has been included in the amount thereof.
2
Where an assessment such as is referred to in paragraph (1)(a) or (b) above is subsequently withdrawn, that paragraph shall not apply; and where the assessment is reduced, it shall apply as if any reference to the amount of tax which has been assessed were a reference to the reduced amount.
Time for payment
38
Any insured person who is liable to pay an amount of tax which has been assessed under regulation 35 shall do so no later than thirty days after the date on which it was notified to him.
Interest on reimbursements
39
1
Where an insurer is liable by virtue of section 65(9) of the Act to pay to an insured person an amount equal to the amount which has been recovered from him, then, if and to the extent that the insurer would not be liable to do so apart from this regulation, he shall pay interest to him.
2
The interest payable under paragraph (1) above shall be paid at the rate of 8 per cent. per annum for the period beginning with the date on which the amount was recovered from the insured person and ending with the date the insurer paid to him an amount equal to that amount.
Allocation of payments
40
1
This regulation applies where an insurer pays an amount of tax to the Commissioners and —
a
at the time of the payment there exists a tax debt of his by virtue of his being liable to pay tax which has been assessed under regulation 35;
b
at the time of the payment there exists a tax debt of his which —
i
is not within sub-paragraph (a) above; and
ii
relates to an accounting period which corresponds to any extent with the period by reference to which the assessment referred to in sub-paragraph (a) above was made; and
c
the amount of the payment is not sufficient to satisfy all his tax debts in full.
2
Where this regulation applies and the payment would not otherwise be applied as described in this paragraph, the payment shall be applied to reduce or extinguish the tax debt within paragraph (1)(a) above before it is applied to any other tax debt.
3
Where —
a
this regulation applies;
b
there are two or more tax debts within paragraph (1)(a) above; and
c
the payment is not sufficient to satisfy those tax debts in full,
there shall be applied to each such tax debt such proportion of the payment as bears the same relationship to the whole of the payment as does the tax debt to the total of those tax debts.
Records
41
1
Where —
a
an insured person has been served with a liability notice;
b
he is carrying on a business; and
c
the contract provides cover for any matter associated with that business,
the insured person shall keep and preserve the records specified in paragraph (2) below.
2
The records which an insured person shall keep and preserve are such of the following as relate to the contract —
a
his business and accounting records;
b
policy documents, cover notes, endorsements and similar documents;
c
all invoices, renewal notices and similar documents issued to him;
d
all credit or debit notes or other documents received by him which evidence an increase or decrease in the premium, and copies of such documents that are issued by him.
3
Every insured person who is required to keep and preserve records by paragraph (1) above shall do so for a period of six years.
4
The reference in paragraph (2)(d) above to any premium shall be construed for the purposes of that paragraph as it would be construed for the purposes of Part V of these Regulations.
PART VIII
DISTRESS AND DILIGENCE
Distress
42
1
Subject to paragraph (2) below, if upon written demand a person neglects or refuses to pay any tax due from him or any amount recoverable as if it were tax due from him, a Collector or an officer of rank not below that of Higher Executive Officer may distrain on the goods and chattels of that person and by warrant signed by him direct any authorised person to levy such distress.
2
Where —
a
the amount in relation to which a warrant has been issued under paragraph (1) above is not an amount assessed under section 56(1) of the Act upon failure to make a return; and
b
the Commissioners may be required under section 59 of the Act to review a decision which, if that decision were varied or withdrawn, would cause the amount in relation to which the warrant has been issued to be reduced or extinguished,
no distress shall be levied before the last day on which the person who is liable to pay the amount concerned is required, by rules made under paragraph 9 of Schedule 8 to the Value Added Tax Act 1983 , to serve a notice of appeal with respect to that decision.
3
A levy shall be executed by or under the direction of, and in the presence of, the authorised person.
4
A person in respect of whose goods and chattels a warrant has been signed shall be liable for all costs and charges in connection with anything done under this regulation.
5
If the person aforesaid does not pay the amount due together with the costs and charges within five days of a levy, the distress shall be sold by the authorised person for payment of the amount due and all costs and charges; and costs and charges of taking, keeping and selling the distress shall be retained by the authorised person and any surplus remaining after the deduction of the costs and charges and of the amount due shall be restored to the owner of the goods distrained.
Diligence
43
1
This regulation applies in respect of Scotland.
2
Subject to paragraphs (3) and (4) below, where any tax or any sum recoverable as if it were tax is due and has not been paid, the sheriff, on an application by the Commissioners accompanied by a certificate by the Commissioners —
a
stating that none of the persons specified in the application has paid the tax or other sum due from him;
b
stating that payment of the amount due from each such person has been demanded from him; and
c
specifying the amount due from and unpaid by each such person,
shall grant a summary warrant in a form prescribed by Act of Sederunt authorising the recovery by poinding, sale and disposal of proceeds of sale, in accordance with Schedule 5 to the Debtors (Scotland) Act 1987 , of the amount remaining due and unpaid.
3
Where —
a
the amount in relation to which the demand referred to in paragraph (1) above has been made is not an amount assessed under section 56(1) of the Act upon failure to make a return; and
b
the Commissioners may be required under section 59 of the Act to review a decision which, if that decision were varied or withdrawn, would cause the amount in relation to which the demand has been made to be reduced or extinguished,
no application for a summary warrant under paragraph (2) above shall be made before the last day on which the person who is liable to pay the amount concerned is required, by rules made under paragraph 9 of Schedule 8 to the Value Added Tax Act 1983, to serve a notice of appeal with respect to that decision.
4
Any application under paragraph (2) above, and any certificate required to accompany such an application, shall be made by a Collector or an officer of rank not below that of Higher Executive Officer.
5
Subject to paragraph (6) below, and without prejudice to paragraphs 25 to 34 of Schedule 5 to the Debtors (Scotland) Act 1987, the sheriff officer’s fees, together with the outlays necessarily incurred by him, in connection with the execution of a summary warrant shall be chargeable against the debtor.
6
No fee shall be chargeable by the sheriff officer against the debtor for collecting and accounting to the Commissioners for, sums paid to him by the debtor in respect of the amount owing.
7
Where, during the course of a poinding and sale in accordance with Schedule 5 to the Debtors (Scotland) Act 1987, the Commissioners are entitled as a creditor to do any act, then any such act, with the exception of the exercise of the power contained in paragraph 18(3) of that Schedule, shall be done by a Collector or an officer of rank not below that of Higher Executive Officer.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London,
SE1 9PJ
6th July 1994


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid–Sussex National Health Service Trust (Establishment) Order 1994 and shall come into force on 8th February 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 8th February 1994;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Mid–Sussex 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 Mid–Sussex 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 the Princess Royal Hospital, Lewes Road, Haywards Heath, West Sussex RH16 4EX and associated hospitals;
b
to manage community health services provided from the Princess Royal Hospital, Lewes Road, Haywards Heath, West Sussex RH16 4EX 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 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 Mid Downs 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 Mid Downs 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 Mid Downs 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
John Bowis
Parliamentary Under Secretary of State
Department of Health
28th January 1994


text:
1
This Order may be cited as the A47 Trunk Road (Allexton–Belton in Rutland Improvement) Order 1994 and shall come into force on 5th September 1994.
2
In this Order–
1
all measurements of distance are measured along the route of the relevant highway;
2
“the new trunk road” means the highway mentioned in article 3 of this Order.
3
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
4
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/EM91, marked “The A47 Trunk Road (Allexton–Belton in Rutland Improvement) 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.
5
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that–
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
K.I. McKenzie
Director East Midlands Highways Agency
9th August 1994


text:
1
This Order may be cited as the Finance Act 1989, section 165(2), (Appointed Day) Order 1994.
2
The day appointed for the purposes of section 165(2) of the Finance Act 1989 is 20th May 1995.
Tim Wood
Kenneth Clarke
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd September 1994


text:
Citation and commencement
1
This Order may be cited as the Rivers Tweed and Eye Protection (Renewal) Order 1991 Variation Order 1994 and shall come into force on 7th October 1994.
Variation
2
The Rivers Tweed and Eye Protection (Renewal) Order 1991 shall be varied by omitting, in article 4, the words “During the period from 8th October 1991 to 7th October 1994, both dates inclusive,”.
David R Dickson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
6th October 1994


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Europe Agreement establishing an Association between the European Communities and their Member States and the Czech Republic) Order 1994. It shall come into force, in respect of the treaty specified in the Schedule to this Order, on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
N. H. Nicholls
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottingham City 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 Nottingham Health Authority;
“the Trust” means the Nottingham City 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 7th March 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