text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Superannuation (Limitation on Earnings and Reckonable Service) Regulations 1995 and shall come into force on 24th April 1995.
2
In these Regulations “the principal Regulations ” means the Local Government Superannuation Regulations 1986 .
Pensionable Employment
2
Part B of the principal Regulations is amended:
a
in regulation B1(17)(e), by inserting after the words “the age of 65 years and” the following —
—
i
if a Class A member, has completed not less than 40 years' reckonable service; or
ii
if a Class B member or a Class C member,
; and
b
by adding the following:
“Class A members”, “Class B members” and “Class C members”
B9
1
In these Regulations, unless the context otherwise requires, —
a
“Class A member” means a pensionable employee or a person who has been a pensionable employee who, in either case, —
i
became a pensionable employee on or after 1st June 1989 and is not to be treated as a Class B member or a Class C member by virtue of paragraph (4); or
ii
was a Class B member or a Class C member immediately before 1st June 1989 and is deemed to have become a Class A member on that date by virtue of making an election under paragraph (5);
b
“Class B member” means a person who —
i
became a pensionable employee on a date falling on or after 17th March 1987 and before 1st June 1989 and has continuously been a pensionable employee throughout a period beginning on that date,
ii
is not to be treated as a Class C member by virtue of paragraph (4), and
iii
is not deemed to have become a Class A member by virtue of making an election under paragraph (5);
c
“Class C member” means a person who —
i
became a pensionable employee on a date falling before 17th March 1987 and has continuously been a pensionable employee throughout a period beginning on that date or who joined subsequently to 16th March 1987 and is to be treated as a Class C member by virtue of paragraph (4), and
ii
is not deemed to have become a Class A member by virtue of making an election under paragraph (5).
2
For the purposes of paragraph (1) the reference to a person having continuously been a pensionable employee throughout a period includes a person who, having ceased to be a pensionable employee for part of that period, again became a pensionable employee in the circumstances specified in paragraph (3) below.
3
The circumstances specified in this paragraph are circumstances where —
a
benefits ceased to accrue to the person under these Regulations by virtue of his employment by reason of his secondment or posting to another employer and at the time of his secondment or posting he had a definite expectation that he would again become a pensionable employee when it ended and he again became a pensionable employee at the end of his secondment or posting; or
b
benefits ceased to accrue to him under these Regulations by virtue of his employment by reason of his unpaid absence and within one month of returning to work, he recommenced the payment of contributions under regulation C2; or
c
benefits ceased to accrue to her under these Regulations by virtue of her employment wholly or partly because of pregnancy or confinement and within one month of returning to work in accordance with sections 39 or 41 of the Employment Protection (Consolidation) Act 1978 (which confers the right to return to work following pregnancy or confinement) she recommenced the payment of contributions under regulation C2; or
d
benefits ceased to accrue to him under these Regulations by virtue of his employment (where the circumstances were other than those specified in paragraphs (a), (b) or (c)) and within one month of benefits ceasing so to accrue, he recommenced the payment of contributions under regulation C2.
4
A person may be treated for the purposes of these Regulations as a Class B member or a Class C member notwithstanding that he did not become a pensionable employee before 1st June 1989 or, as the case may be, 17th March 1987, if on application to them by the administering authority, the Commissioners of Inland Revenue agree in writing that he may be treated as such by virtue of previous membership of a superannuation scheme approved under Chapter I of Part XIV of the Income and Corporation Taxes Act 1988 .
5
If a Class B member or a Class C member elects by notice in writing to his appropriate administering authority before the relevant date to be treated as a Class A member for the purposes of these Regulations, he shall be deemed to have become a Class A member on the 1st June 1989.
6
For the purposes of paragraph (5) the “relevant date” in relation to a person is the date on which he ceases to be in local government employment for any reason including death.
Limits on contributions
3
Part C of the principal Regulations is amended:
a
in regulation C2 —
i
in paragraph (3), by inserting after the words “A pensionable employee” the following:
—
a
who is a Class A member shall not make contribution in respect of any employment in relation to which he is entitled to reckon 40 years' reckonable service; or
b
who is a Class B member or a Class C member;
and
ii
in paragraph (4), by substituting for the reference “paragraph (3)” the reference “sub-paragraph (b) of paragraph (3)”;
b
in regulation C7A —
i
in paragraph (14), by deleting the reference “(15)” and inserting after the reference “(15A) and (15B)” the words “and regulation C16(1)”;
ii
by deleting paragraph (15); and
iii
in paragraphs (15A) and (15B), by substituting for the words “paragraph (15)” in each place where they appear the words “regulation C16 (1)”;
c
in regulation C8A —
i
in paragraph (6), by substituting for the words “paragraphs (7) and (8)” the words “paragraph (7) and regulation C16(1)”; and
ii
by deleting paragraph (8); and
d
by substituting for C16 the following —
C16
1
Subject to paragraphs (2) and (3), the total contributions paid under Part C, other than under regulation C9A, and paragraph 5 of Schedule 8 by a pensionable employee in any tax year to the appropriate superannuation fund in respect of all employments in relation to which he is a pensionable employee shall not exceed 15 per cent of his remuneration for that year.
2
Schedule 7 has effect for the limitation, in certain circumstances, of payments under this Part in relation to Class B members and Class C members.
3
The limitation in paragraph (1) shall not apply to any payment made by a Class B member or a Class C member under paragraph 5 of Schedule 8.
Benefits
4
Part E of the principal Regulations is amended:
a
in regulation E11(12), by substituting for the words “before attaining the age of 60 years beyond a total of 40 years” the following —
—
i
in the case of a Class A member, beyond a total of 40 years; and
ii
in the case of a Class B member or a Class C member, before attaining the age of 60 years beyond a total of 40 years.
;
b
in regulation E22 —
i
in paragraph (1), by substituting for the reference “paragraph (4) and (6) to (12)” the reference “paragraphs (1A), (1B), (4) and (6) to (12A)”; and
ii
by inserting after paragraph (1) the following —
1A
In the circumstances mentioned in regulation 5(2) of The Retirement Benefits Schemes (Continuation of Rights of Members of Approved Schemes) Regulations 1990 , these Regulations are to have effect (notwithstanding anything in them to the contrary and notwithstanding the effect of anything in Schedule 23 to the Income and Corporation Taxes Act 1988) as if, for the purpose of calculating benefits under these Regulations —
a
the fraction of a pensionable employee’s pensionable remuneration derived from added years of reckonable service was to be applied separately from the fraction derived from actual years of service, and
b
only in the latter case was any excess over the permitted maximum for the year to be disregarded in arriving at that pensionable remuneration.
1B
For the purposes of paragraph (1A), “added years of reckonable service” means such years of service which a person is entitled to reckon as reckonable service by virtue of regulation J9.
;
c
in regulation E22(2)(a), by inserting after the words “or, if earlier, the day on which” the following —
—
i
in the case of a Class A member, he becomes entitled to reckon 40 years as reckonable service in relation to that employment, or
ii
in the case of a Class B member or a Class C member,
;
d
by inserting after regulation E22(12), the following —
12A
For the purpose of calculating the retiring allowance of a Class B member, his pensionable remuneration shall not exceed £100,000 or such other sum as may be specified in an order made by the Treasury under sections 590(3) and 828(1) of the Income and Corporation Taxes Act 1988 .
;
e
in regulation E29(1)(a), by substituting for the words “before attaining the age of 60 beyond a total of 40 years, and” the following —
i
in the case of a Class A member, beyond a total of 40 years; and
ii
in the case of a Class B member or a Class C member, before attaining the age of 60 years beyond a total of 40 years, and
; and
f
in regulation E29(5), by substituting for the words “Where A+B+C exceeds 45 years,” the following —
Where A+B+C exceeds —
i
in the case of a Class A member, 40 years, or
ii
in the case of a Class B member or a Class C member, 45 years,
then
.
Glossary of expressions
5
Schedule 1 to the principal Regulations is amended:
a
by inserting after the definition of “Child” the following —
“Class A member, Class B member and Class C member” Construe in accordance with regulation B9;
b
by inserting after the definition of “The Pensions Act” the following —
“Permitted maximum” The meaning given by section 590C(2) of the Income and Corporation Taxes Act 1988 .
; and
c
in the definition of “Remuneration” by inserting after the words “in kind appertaining to his employment” the words “and, subject to regulation E22(1A), in determining the remuneration of a Class A member there shall be disregarded any payments in excess of the permitted maximum.”.
Further additional contributions
6
Schedule 6A to the principal Regulations is amended:
a
in paragraph 2(b), by substituting for the words “not exceed the amount allowed to be deducted under section 21(4) of the Finance Act 1970 as specified in or under subsection (4A) of that section” the following —
or to an additional voluntary contributions scheme, not exceed the amount allowed to be deducted under subsection (7) of section 592 of the Income and Corporation Taxes Act 1988 as specified in or under subsection (8) or, as the case may be, subsection (8A) of that section .
; and
b
in paragraph 9(1), by inserting after the words “(return of contributions)” the words “C16(1) (limitation of payments),”.
Limitation of payments under Part C
7
Schedule 7 to the principal Regulations is amended by substituting for the words “a pensionable employee”, the words “a Class B member or a Class C member”.
Modification in certain cases
8
Schedule 15 to the principal Regulations is amended in paragraph 7 of Part I, paragraph 3 of Part II and paragraph 1 of Part IV, by inserting after the word “completes” the following —
—
a
in the case of a Class A member, 40 years' reckonable service; and
b
in the case of a Class B member or a Class C member,
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
27th March 1995


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Personal Pension Schemes (Appropriate Schemes) Amendment Regulations 1995 and shall come into force on 19th July 1995.
2
In these Regulations “the principal Regulations ” means the Personal Pension Schemes (Appropriate Schemes) Regulations 1988 .
Insertion of new regulation 15A in the principal Regulations
2
After regulation 15 of the principal Regulations (manner of payment of minimum contributions) there shall be inserted the following regulation —
Allocation of minimum contributions
15A
A personal pension scheme can be an appropriate scheme only if the rules of the scheme provide that any minimum contributions falling to be applied so as to provide benefits in respect of a member are to be so applied from the date on which payment is made by the Secretary of State in accordance with regulation 15 and that such minimum contributions are to be allocated to that member’s account within three months of that date.
.
Signed by authority of the Secretary of State for Social Security.
James Arbuthnot
Parliamentary Under-Secretary of State,
Department of Social Security
26th June 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North East Worcestershire Community Health Care National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 6th June 1995.
2
In this Order —
“the Authority” means the North Worcestershire Health Authority;
“the Trust” means the North East Worcestershire Community Health Care 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 2nd February 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 6th June 1995 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
9th May 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Orthopaedic Hospital National Health Service Trust (Establishment) Order 1995 and shall come into force on 31st March 1995.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 31st March 1995;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Royal Orthopaedic Hospital National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Royal Orthopaedic Hospital National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be to own and manage hospital accommodation and services provided at the Royal Orthopaedic Hospital, The Woodlands, Northfield, Birmingham B31 2AP and associated hospitals (including the management of its teaching and research facilities).
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 4 non-executive directors and 4 executive directors.
2
There shall be included among the non-executive directors a person appointed from the University of Birmingham.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1995.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date 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 South Birmingham 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 premises to the trust.
2
The South Birmingham 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 South Birmingham Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tom Sackville
Parliamentary Under Secretary of State,
Department of Health
20th March 1995


text:
Citation and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1995 and (Nos.4 and 5) Orders 1995 Revocation Order 1995 and shall come into force at 17.00 hours on 20th September 1995.
Revocation
2
The following Orders are revoked: —
a
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) Order 1995 ;
b
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.4) Order 1995 ;
c
The Food Protection (Emergency Prohibitions) (Paralytic Shellfish Poisoning) (No.5) Order 1995 .
A J Matheson
Assistant Secretary, Scottish Office
Pentland House,
Edinburgh
20th September 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits Schemes (Miscellaneous Amendments) Regulations 1995 and shall come into force —
a
for the purposes of this regulation and regulations 17 to 28 on 10th April 1995;
b
for the purposes of regulations 2 to 16 on 11th April 1995.
2
Regulations 17 to 28 of these Regulations shall have effect in relation to any particular claimant at the beginning of the first benefit week to commence for that claimant on or after 10th April 1995 which applies in his case.
3
Regulations 2 to 16 of these Regulations shall have effect in relation to any particular claimant —
a
except where sub-paragraph (b) applies, on 11th April 1995;
b
where a claimant has an award of disability working allowance or family credit which is current on 10th April 1995, on the day following the expiration of that award.
4
In these Regulations —
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
5
In paragraph (2) above and regulation 28 (saving) the expressions “claimant” and “benefit week” have the same meanings as in the Income Support Regulations.
Amendment of regulation 2 of the Disability Working Allowance Regulations
2
In regulation 2(1) of the Disability Working Allowance Regulations (interpretation) after the definition of “training allowance” the following definition shall be inserted —
“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;
.
Amendment of regulation 6 of the Disability Working Allowance Regulations
3
Regulation 6 of the Disability Working Allowance Regulations (remunerative work) shall be amended in accordance with the following paragraphs —
a
in paragraph (4) at the beginning there shall be inserted the words “Subject to paragraph (4A),”;
b
after paragraph (4) there shall be inserted the following paragraph-
4A
Where for the purpose of paragraph (4)(c)(i), a person’s recognised cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.
;
c
paragraph (8) shall be omitted.
Amendment of regulation 7 of the Disability Working Allowance Regulations
4
In regulation 7 of the Disability Working Allowance Regulations (income-related benefits) —
a
in paragraphs (a) and (b) after “10(1)(b)” there shall be inserted “, 10(2)(b)”;
b
in paragraph (ca) for “11” there shall be substituted “11(1)(b), 11(2)(b)”.
Amendment of regulation 15A of the Disability Working Allowance Regulations
5
In regulation 15A of the Disability Working Allowance Regulations (treatment of child care charges) —
a
in paragraph (2), in the definition of “relevant child care charges” —
i
after the word “education” there shall be inserted the words “or charges paid by a claimant to a partner or by a partner to a claimant in respect of any child for whom either or any of them is responsible in accordance with regulation 9 (circumstances in which a person is to be treated as responsible or not responsible for another),”;
ii
after sub-paragraph (c) the word “or” and the following sub-paragraph shall be inserted —
d
in schools or establishments which are exempted from registration under section 71 of the Children Act 1989 by virtue of section 71(16) of and paragraph 3 or 4 of Schedule 9 to that Act,
;
b
after paragraph (2), there shall be inserted the following new paragraph —
2A
The age of a child referred to in paragraph (2) shall be determined by reference to the age of the child at the date on which the period under section 129(6) of the Contributions and Benefits Act (period of award) begins.
;
c
in paragraph (7)(a) at the end there shall be added the following words “or either regulation 13A(1)(c) of the Council Tax Benefit (General) Regulations 1992 (treatment of child care charges) or, as the case may be, regulation 21A(1)(c) of the Housing Benefit (General) Regulations 1987 (treatment of child care charges) applies in that person’s case;”.
Amendment of regulation 29 of the Disability Working Allowance Regulations
6
In regulation 29(4) of the Disability Working Allowance Regulations (notional income) —
a
for the words “voluntary body” there shall be substituted the words “voluntary organisation”;
b
after the word “satisfied” there shall be inserted the words “in any of those cases”.
Amendment of regulation 51 of the Disability Working Allowance Regulations
7
In regulation 51(7) of the Disability Working Allowance Regulations (determination of appropriate maximum disability working allowance) for the words “section 20(6F) of the Act” there shall be substituted the words “section 129(6) of the Contributions and Benefits Act”.
Amendment of Schedule 3 to the Disability Working Allowance Regulations
8
In Schedule 3 to the Disability Working Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 2 for the words “voluntary body” there shall be substituted the words “voluntary organisation”;
b
for paragraph 18 there shall be substituted the following paragraph —
18
Any payment made to the claimant by a person who normally resides with the claimant, which is a contribution towards that person’s living and accommodation costs, except where that person is residing with the claimant in circumstances to which paragraph 19 or 38 or regulation 24(2) (earnings of self-employed earners) refers.
;
c
in paragraph 19 for the words “a person other than one to whom paragraph 18 or 38 refers,” there shall be substituted the words “another person”;
d
after paragraph 52 the following new paragraph shall be added —
53
Any payment made by the Secretary of State to compensate for a reduction in a maintenance assessment made under the Child Support Act 1991 .
.
Amendment of Schedule 4 to the Disability Working Allowance Regulations
9
In Schedule 4 to the Disability Working Allowance Regulations (capital to be disregarded) after paragraph 46 the following new paragraph shall be added —
47
Any payment made by the Secretary of State to compensate for a reduction in a maintenance assessment made under the Child Support Act 1991, but only for a period of 52 weeks from the date of receipt of that payment.
.
Amendment of regulation 2 of the Family Credit Regulations
10
In regulation 2(1) of the Family Credit Regulations (interpretation) after the definition of “training allowance” the following definition shall be inserted —
“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;
.
Amendment of regulation 4 of the Family Credit Regulations
11
Regulation 4 of the Family Credit Regulations (remunerative work) shall be amended in accordance with the following paragraphs —
a
in paragraph (4) at the beginning there shall be inserted the words “Subject to paragraph (4A),”;
b
after paragraph (4) there shall be inserted the following paragraph —
4A
Where for the purpose of paragraph (4)(c)(i), a person’s recognised cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.
;
c
paragraph (8) shall be omitted.
Amendment of regulation 13A of the Family Credit Regulations
12
In regulation 13A of the Family Credit Regulations (treatment of child care charges) —
a
in paragraph (2) in the definition of “relevant child care charges” —
i
after the word “education” there shall be inserted the words “or charges paid by a claimant to a partner or by a partner to a claimant in respect of any child for whom either or any of them is responsible in accordance with regulation 7 (circumstances in which a person is to be treated as responsible or not responsible for another),”;
ii
after sub-paragraph (c) the word “or” and the following sub-paragraph shall be inserted —
d
in schools or establishments which are exempted from registration under section 71 of the Children Act 1989 by virtue of section 71(16) of and paragraph 3 or 4 of Schedule 9 to that Act,
;
b
after paragraph (2), there shall be inserted the following new paragraph —
2A
The age of a child referred to in paragraph (2), shall be determined by reference to the age of the child at the date on which the period under section 128(3) of the Contributions and Benefits Act (period of award) begins.
;
c
in paragraph (7)(a) at the end there shall be added the following words “or either regulation 13A(1)(c) of the Council Tax Benefit (General) Regulations 1992 (treatment of child care charges) or, as the case may be, regulation 21A(1)(c) of the Housing Benefit (General) Regulations 1987 (treatment of child care charges) applies in that person’s case;”.
Amendment of regulation 26 of the Family Credit Regulations
13
In regulation 26(4) of the Family Credit Regulations (notional income) —
a
for the words “voluntary body” there shall be substituted the words “voluntary organisation”;
b
after the word “satisfied” there shall be inserted the words “in any of those cases”.
Amendment of regulation 46 of the Family Credit Regulations
14
In regulation 46(7) of the Family Credit Regulations (determination of appropriate maximum family credit) for the words “section 20(6) of the Act” there shall be substituted the words “section 128(3) of the Contributions and Benefits Act”.
Amendment of Schedule 2 to the Family Credit Regulations
15
In Schedule 2 to the Family Credit Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 2 for the words “voluntary body” there shall be substituted the words “voluntary organisation”;
b
for paragraph 18 there shall be substituted the following paragraph —
18
Any payment made to the claimant by a person who normally resides with the claimant, which is a contribution towards that person’s living and accommodation costs, except where that person is residing with the claimant in circumstances to which paragraph 19 or 40 or regulation 21(2) (earnings of self-employed earners) refers.
;
c
in paragraph 19 for the words “a person other than one to whom paragraph 18 or 40 refers,” there shall be substituted the words “another person”;
d
after paragraph 54 the following new paragraph shall be added —
55
Any payment made by the Secretary of State to compensate for a reduction in a maintenance assessment made under the Child Support Act 1991.
.
Amendment of Schedule 3 to the Family Credit Regulations
16
In Schedule 3 to the Family Credit Regulations (capital to be disregarded) after paragraph 47 the following new paragraph shall be added —
48
Any payment made by the Secretary of State to compensate for a reduction in a maintenance assessment made under the Child Support Act 1991, but only for a period of 52 weeks from the date of receipt of that payment.
.
Amendment of regulation 2 of the Income Support Regulations
17
In regulation 2(1) of the Income Support Regulations (interpretation) after the definition of “training allowance” the following definition shall be inserted —
“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;
.
Amendment of regulation 3 of the Income Support Regulations
18
In regulation 3(2)(c) of the Income Support Regulations (definition of non-dependant) for the words “voluntary body (other than a public or local authority)” there shall be substituted the words “voluntary organisation”.
Amendment of regulation 5 of the Income Support Regulations
19
Regulation 5 of the Income Support Regulations (persons treated as engaged in remunerative work) shall be amended in accordance with the following paragraphs —
a
in sub-paragraph (2) at the beginning there shall be inserted the words “Subject to paragraph (3B),”;
b
after paragraph (3A) there shall be inserted the following paragraph —
3B
Where for the purpose of paragraph (2)(b)(i), a person’s recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.
.
Amendment of regulation 6 of the Income Support Regulations
20
In regulation 6(c) of the Income Support Regulations (persons not treated as engaged in remunerative work) , the words from “being a body” to “profit” shall be omitted.
Amendment of regulation 21 of the Income Support Regulations
21
In regulation 21 of the Income Support Regulations (special cases) —
a
in paragraph (3) —
i
for the definition of “prisoner” the following definition shall be substituted —
“prisoner” means a person who —
is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court; or
is on temporary release in accordance with the provisions of the Prison Act 1952 or the Prisons (Scotland) Act 1989 ,
other than a person whose detention is under the provisions of the Mental Health Act 1983 or the Mental Health (Scotland) Act 1984 ;
;
ii
in sub-paragraph (a) of the definition of “residential accommodation” the words “and 26” shall be omitted;
b
in paragraph (3B), the words “and 26” shall be omitted;
c
in paragraph (4), sub-paragraph (b) and the word “or” immediately following that sub-paragraph shall be omitted.
Amendment of regulation 42 of the Income Support Regulations
22
In regulation 42(6) of the Income Support Regulations (notional income) —
a
for the words “voluntary body” there shall be substituted the words “voluntary organisation”;
b
after the word “satisfied” there shall be inserted the words “in any of those cases”.
Amendment of regulation 72 of the Income Support Regulations
23
In regulation 72(1)(a) of the Income Support Regulations (assessment of income and capital in urgent cases) for the words “42 or 44” there shall be substituted the words “or 42”.
Amendment of Schedule 2 to the Income Support Regulations
24
In paragraph 12(1)(c)(ii) of Schedule 2 to the Income Support Regulations for the words “section 82(6)(b) of the Social Security Act 1975” there shall be substituted the words “section 113(2) of the Contributions and Benefits Act 1992 or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of regulation 21(3) (special cases)”.
Amendment of Schedule 3 to the Income Support Regulations
25
In Schedule 3 to the Income Support Regulations (housing costs) —
a
in paragraph 4(9) head (b)(ii) shall be omitted and head (b)(iii) shall be amended by substituting for the word “section” the words “sections 13B and”;
b
in paragraph 5A —
i
in sub-paragraph (8) at the beginning there shall be inserted the words “Subject to sub-paragraph (8A),”;
ii
after sub-paragraph (8) the following new sub-paragraph shall be inserted —
8A
For the purposes of sub-paragraph (8), a person shall not cease to be a disabled person on account of his being disqualified for receiving benefit or treated as capable of work by virtue of the operation of section 171E of the Contributions and Benefits Act (incapacity for work, disqualification etc. ) .
.
iii
in sub-paragraph (10)(b) at the end there shall be added the words “and did not include an amount determined by reference to paragraph 1(a), 1(aa) or 1(b);”;
c
in paragraph 7(6C) at the end the following head shall be added —
c
after 9th April 1995 £100,000.
;
d
in paragraph 7B at the end the following new sub-paragraph shall be added —
3
For the purposes of sub-paragraph (1) a person shall not cease to be a disabled person on account of his being disqualified for receiving benefit or treated as capable of work by virtue of the operation of section 171E of the Contributions and Benefits Act (incapacity for work, disqualification etc.).
.
Amendment of Schedule 7 to the Income Support Regulations
26
1
Schedule 7 to the Income Support Regulations (applicable amounts in special cases) shall be amended in accordance with the following paragraphs.
2
In paragraph 13A (Polish resettlement) —
a
in Column (1) —
i
paragraph 13A shall be re-numbered paragraph 13A(1) and the following words shall be added at the end —
where the claimant both requires personal care and is provided with it in the accommodation and —
is resident in that accommodation on 31st March 1995 or is temporarily absent on that date; or
is first provided with such accommodation and care on or after 1st April 1995; or
is re-admitted to such accommodation on or after 1st April 1995 where his absence has been other than temporary.
;
ii
after the renumbered paragraph 13A(1) the following sub-paragraphs shall be added —
2
In this paragraph “personal care” means care which includes assistance with bodily functions where such assistance is required.
3
An absence is temporary for the purposes of sub-paragraph (1) where the absent resident with the agreement of the manager of the accommodation intends to return to the accommodation in due course.
.
b
In Column (2) —
i
in sub-paragraph (1)(b), the following words shall be added at the end “or, in the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, determined in accordance with sub-paragraph (3A) below.”;
ii
in sub-paragraph (3) the following words shall be inserted at the beginning, “Except where the claimant is a person to whom sub-paragraph (1)(b) or (c) of Column (1) refers,”;
iii
after sub-paragraph (3) the following new sub-paragraph shall be inserted —
3A
In the case of a claimant to whom sub-paragraph (1)(b) or (c) of Column (1) applies, the amount for personal expenses referred to in sub-paragraph (1)(b) above, shall be the aggregate of the amounts which are relevant to him and which are referred to in Schedule 4 paragraph 13.
;
iv
in sub-paragraph (4) for the words “sub-paragraph (1)(b)(ii)” there shall be substituted the words “sub-paragraph (2)(b)(ii)”.
3
In paragraph 19(b) (claimants entitled to a disability premium for a past period) —
a
for the words “paragraph 6(4) of Schedule 7 to those Regulations” there shall be substituted the words “regulation 6(3) of those Regulations” ; and
b
for the words “ending with the day” there shall be substituted the words “ending with the day before the day”.
Amendment of Schedule 9 to the Income Support Regulations
27
In Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 2 for the words “voluntary body” there shall be substituted the words “voluntary organisation”;
b
in paragraph 15A after the words “National Assistance Act 1948,”there shall be inserted the words “sections 13A, 13B and 59(2)(c) of the Social Work (Scotland) Act 1968 or section 7 of the Mental Health (Scotland) Act 1984 ”;
c
for paragraph 18 there shall be substituted the following sub-paragraph —
18
Any payment made to the claimant by a person who normally resides with the claimant, which is a contribution towards that person’s living and accommodation costs, except where that person is residing with the claimant in circumstances to which paragraph 19 or 20 refers.
;
d
in paragraph 19 for the words “a person other than one to whom paragraph 18 or 20 refers,” there shall be substituted the words “another person”.
Saving
28
1
In the case of a claimant who was entitled to income support for the benefit week which included 9th April 1995 then, but subject to paragraph (3), in respect of each day after that date on which the claimant’s entitlement to income support continues, Schedule 3 to the Income Support Regulations shall continue to have effect as though regulation 25(c) of these Regulations had not been made.
2
Heads (c) to (f) of sub-paragraph (9) of paragraph 7 of Schedule 3 to the Income Support Regulations shall apply to paragraph (1) above as they apply to sub-paragraph (1) of paragraph 7, but with the modification that for the words “in receipt of income support”, wherever they appear, there were substituted the words “entitled to income support” and that the words “Subject to sub-paragraphs (10) and (11)” were omitted.
3
In its application to any loan taken out or increased after 9th April 1995, Schedule 3 to the Income Support Regulations shall have effect as amended by regulation 25(c) of these Regulations.
Signed by authority of the Secretary of State for Social Security.
Roger Evans,
Parliamentary Under-Secretary of State,
Department of Social Security
1st March 1995


text:
Preliminary
Citation, commencement and effect
1
These Regulations may be cited as the Lloyd’s Underwriters (Tax) Regulations 1995 and shall come into force on 9th March 1995, but except as otherwise provided shall have effect —
a
in their application to members who are individuals, with respect to the year 1992–93 and subsequent years of assessment;
b
in their application to corporate members, with respect to the underwriting year 1994 and subsequent underwriting years.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“ancillary trust fund” in relation to a member who is an individual has the meaning given by section 184(1) of the Finance Act 1993 , and in relation to a corporate member has the meaning given by section 230(1) of the Finance Act 1994;
“the Board” means the Commissioners of Inland Revenue;
“Chapter III ” means Chapter III of Part II of the Finance Act 1993, and “Chapter V” means Chapter V of Part IV of the Finance Act 1994;
“inspector” includes any officer of the Board;
“ Management Act ” means the Taxes Management Act 1970 ;
“managing agent” in relation to a member who is an individual has the meaning given by section 184(1) of the Finance Act 1993 as extended by regulation 3, and in relation to a corporate member has the meaning given by section 230(1) of the Finance Act 1994 as extended by that regulation;
“member” means a member of Lloyd’s who is an individual or, as the case may be, a corporate member and who is or has been an underwriting member;
“quota share contract” in relation to a member who is an individual has the meaning given by section 178(4) of the Finance Act 1993, and in relation to a corporate member has the meaning given by section 225(4) of the Finance Act 1994;
“Schedule 19” and “Schedule 20” mean respectively Schedule 19 and Schedule 20 to the Finance Act 1993;
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 ;
“section 179” and “section 179A” mean respectively, section 179 and section 179A of the Finance Act 1993;
“underwriting business” in relation to a member who is an individual has the meaning given by section 184(1) of the Finance Act 1993, and in relation to a corporate member has the meaning given by section 230(1) of the Finance Act 1994.
2
For the purposes of these Regulations an underwriting year and a year of assessment shall be deemed to correspond to each other if the underwriting year ends in the year of assessment.
3
References in these Regulations to the profits or losses of the underwriting business of a member who is an individual are references to profits or losses of that business within Chapter III, and references to the profits or losses of a corporate member’s underwriting business are references to the profits or losses of that business within Chapter V.
Managing agents
3
1
For the purposes of Parts I and III of Schedule 19 and of these Regulations, if the person who is acting as a managing agent in relation to an underwriting year corresponding to a year of assessment (in this regulation referred to as “the original year of assessment”) is different from the person who was so acting at the end of that underwriting year (in this regulation referred to as “the original agent”), then “managing agent” has the meaning given by sub-paragraph (a) or, as the case may be, sub-paragraph (b) of paragraph (2) below.
2
If the original agent ceases so to act —
a
before the beginning of the year of assessment next but two following the original year of assessment, then “managing agent” means —
i
the person who is so acting at the beginning of that year of assessment, or
ii
if that person ceases so to act, such person as the Board may determine having regard to all the circumstances;
b
after the end of the year of assessment next but one following the original year of assessment, then “managing agent” means such person as the Board may determine having regard to all the circumstances.
Assessment and collection of tax
Assessment and collection – general
4
Subject to regulations 5 to 8 below and regulations 6 to 12, 14 and 15 of the Lloyd’s Underwriters (Tax) (1992–93 to 1996–97) Regulations 1995 , the like provisions as are contained in the Management Act and the Tax Acts relating to the assessment and collection of tax shall have effect in relation to tax charged in accordance with section 171 of the Finance Act 1993 or, as the case may be, section 219 of the Finance Act 1994.
Amount payable under stop-loss insurance – individual member
5
1
This regulation applies where —
a
any insurance money payable to a member under a stop-loss insurance in respect of a loss in his underwriting business, or any amount payable to a member out of the High Level Stop Loss Fund in respect of such a loss, falls to be treated by virtue of section 178(2) of the Finance Act 1993 as a trading receipt in computing the profits arising from the business for the year of assessment which corresponds to the underwriting year in which the loss arose or, as respects an amount payable in respect of a loss declared in the underwriting year 1997 or a subsequent underwriting year, the underwriting year in which the loss was declared;
b
the amount so treated operates to reduce or extinguish the amount of the loss sustained by the member in his underwriting business for that year of assessment;
c
section 178(3) of the Finance Act 1993 does not apply as respects the payment of that amount; and
d
the inspector is precluded —
i
by section 34 of the Management Act from making an assessment under section 29(3)(c) of that Act or, as respects the year 1996–97 and subsequent years of assessment, section 29(1)(c) of that Act , in respect of the whole or any part of that amount, or
ii
by section 30(5) of the Management Act from making an assessment under that section in respect of the whole or any part of that amount.
2
An assessment under section 29(3)(c) or, as the case may be, section 29(1)(c) or 30 of the Management Act in respect of the whole or any part of that amount shall not be out of time if made before the end of the underwriting year following the underwriting year following the underwriting year in which the amount was received.
Amount payable under stop-loss insurance – corporate member
6
1
This regulation applies where —
a
any insurance money is payable to a corporate member under a stop-loss insurance in respect of a loss in its underwriting business, and the insurance money or, as the case may be, the apportioned part of the insurance money falls to be treated by virtue of section 225(2) of the Finance Act 1994 as a trading receipt in computing the profits arising from the business for an accounting period;
b
the amount so treated operates to reduce or extinguish the amount of the loss sustained by the corporate member in its underwriting business for that accounting period;
c
section 225(3) of the Finance Act 1994 does not apply as respects the payment of the insurance money; and
d
the inspector is precluded —
i
by section 34 of the Management Act from making an assessment under section 29(3)(c) of that Act or, as respects an accounting period ending on or after such day as is appointed under section 199(3) of the Finance Act 1994 , section 29(1)(c) of the Management Act, in respect of the whole or any part of the amount so treated, or
ii
by section 30(5) of the Management Act from making an assessment under that section in respect of the whole or any part of that amount.
2
An assessment under section 29(3)(c) or, as the case may be, section 29(1)(c) or 30 of the Management Act in respect of the whole or any part of that amount shall not be out of time if made before the end of the underwriting year following the underwriting year in which the amount was received.
Non-delivery of return – reasonable excuse
7
1
For the purposes of Schedule 19, a managing agent shall be deemed not to have failed —
a
to deliver a return of a syndicate profit or loss within the time specified in paragraph 2(2) of that Schedule, or
b
to deliver a return apportioning a syndicate profit or loss within the period referred to in paragraph 6(4) of that Schedule,
if he delivered it within such further time, if any, as the inspector may have allowed.
2
Where a managing agent had a reasonable excuse for not delivering such a return as is mentioned in paragraph (1) above, he shall be deemed not to have failed to deliver it unless the excuse had ceased and, after the excuse ceased, not to have failed to deliver it if he did so without unreasonable delay after the excuse had ceased.
Determinations and notices of determinations
8
The like provisions as are contained in section 113(1B) of the Management Act shall apply to a determination or a notice of a determination under Schedule 19 as if the determination were an assessment and the notice of the determination were a notice of an assessment.
Cessation of member’s underwriting business
Cessation of individual member’s underwriting business – final year of assessment
9
1
Where a member who is an individual ceases to carry on his underwriting business, whether by reason of death or otherwise, the member’s final year of assessment shall, in the cases specified in paragraphs (2) to (5) below and subject to subsection (3) of section 179 , be ascertained in accordance with the provisions of those paragraphs.
2
In any case where a letter is issued by the Membership Department of Lloyd’s to the member or his agent inviting an application for the repayment of the member’s deposit, the member’s final year of assessment shall be not later than the year of assessment in which falls the date which is 180 days after the date of issue of the letter.
3
In any case where the member’s deposit at Lloyd’s is paid over to a person other than the member or his personal representatives or assigns, the member’s final year of assessment shall be that which corresponds to the underwriting year in which his deposit is so paid over or, where paragraph (2) above applies and the year of assessment specified in that paragraph is earlier, that earlier year of assessment.
4
In any case where the member or another person is released from any arrangement entered into by the member or that person in order to satisfy the requirement on the part of the member to provide a deposit at Lloyd's, the member’s final year of assessment shall, except in a case to which paragraph (5) below applies, be that which corresponds to the underwriting year in which the release occurs.
5
In any case where the member’s deposit at Lloyd’s is extinguished or released before the last open year of account of any syndicate of which he is a member is closed, the member’s final year of assessment shall be either —
a
the year of assessment next following the year of assessment which corresponds to the underwriting year in which the last open year of account of any syndicate of which he is a member is closed or, if later,
b
the year of assessment which corresponds to the underwriting year in which he ceases to be a member of Lloyd’s under the rules or practice of Lloyd's.
6
This regulation has effect in relation to any member —
a
whose deposit at Lloyd’s is paid over to him or another person or, as the case may be, released or extinguished, on or after 1st January 1993, and
b
in whose case the last open year of account of any syndicate of which he was a member is closed on or after that date.
7
For the purposes of this regulation, the last open year of account of a syndicate of which a person is a member shall be regarded as having closed either —
a
when the member is treated under the rules or practice of Lloyd’s as having been discharged of all his liabilities in relation to that syndicate, whether by the syndicate closing its accounts or by the member or his personal representatives or assigns entering into a quota share contract, or
b
in a case where the member enters, or his personal representatives or assigns enter into a quota share contract before the end of the closing year of the syndicate, at the end of the underwriting year in which the contract is made.
Cessation of individual member’s underwriting business by reason of death on or after 6th April 1994 – date of cessation of business
10
1
For the purposes of the Income Tax Acts, where a member ceases to carry on his underwriting business by reason of his death, the business shall, in the cases specified in paragraphs (2) to (5) below, be treated as continuing until the date specified in those paragraphs in relation to the appropriate case.
2
In any case where a letter is issued by the Membership Department of Lloyd’s to the member’s agent, or his personal representatives or assigns, inviting an application for the repayment of the member’s deposit, the member’s business shall be treated as continuing until the date which is 180 days after the date of issue of the letter.
3
In any case where the member’s deposit at Lloyd’s is paid over to a person other than the member’s personal representatives or assigns, the member’s business shall be treated as continuing until his deposit is so paid over or, where paragraph (2) above applies and the date specified in that paragraph occurs earlier, that earlier date.
4
In any case where the member’s personal representatives are, or another person is, released from any arrangement entered into by the member or that person in order to satisfy the requirement on the part of the member to provide a deposit at Lloyd's, the member’s business shall, except in a case to which paragraph (5) below applies, be treated as continuing until the date on which the release occurs.
5
In any case where the member’s deposit at Lloyd’s is extinguished or released before the last open year of account of any syndicate of which he was a member is closed, the member’s business shall be treated as continuing until either —
a
the end of the year of assessment next following the year of assessment which corresponds to the underwriting year in which the last open year of account of any syndicate of which he was a member is closed or, if later,
b
the end of the year of assessment which corresponds to the underwriting year in which he ceased to be a member of Lloyd’s under the rules or practice of Lloyd's.
6
For the purposes of paragraph (5) above, the last open year of account of a syndicate of which a person was a member shall be regarded as having closed either —
a
when the member is treated under the rules or practice of Lloyd’s as having been discharged of all his liabilities in relation to that syndicate, whether by the syndicate closing its accounts or by the member or his personal representatives entering into a quota share contract, or
b
in a case where the member enters, or his personal representatives enter, into a quota share contract before the end of the closing year of the syndicate, at the end of the underwriting year in which the contract is made.
7
This regulation has effect in relation to any member whose death occurs on or after 6th April 1994.
Profits and losses arising after death of member before 6th April 1994
11
For the purposes of the provisions of Chapter III other than Schedule 20, where —
a
the death of a member occurred before 6th April 1994;
b
the member’s deposit at Lloyd's, if paid over to him or his personal representatives or assigns, was not paid over prior to 1st January 1993; and
c
income arises to, or expenses are incurred or paid by, his personal representatives after his death from the carrying on by them of the member’s underwriting business in circumstances where the income or expenses would have been taken into account, by virtue of those provisions, in computing the profits or losses arising to the member from his underwriting business had they arisen or been incurred or paid prior to his death,
the income and expenses shall be regarded as arising to, or incurred or paid by, the member and are accordingly to be taken into account in computing profits or losses arising to the member from his underwriting business for the purposes of those provisions.
Cessation of individual member’s underwriting business by reason of death on or after 6th April 1994 – profits or losses arising after death
12
For the purposes of the provisions of Chapter III other than Schedule 20, where —
a
the death of a member occurs on or after 6th April 1994; and
b
income arises to, or expenses are incurred or paid by, his personal representatives after his death from the carrying on by them of the member’s underwriting business in circumstances where the income or expenses would have been taken into account, by virtue of those provisions, in computing the profits or losses arising to the member from his underwriting business had they arisen or been incurred or paid prior to his death,
the profits or losses arising to the personal representatives from the income and expenses shall be computed as if references in those provisions to profits and losses arising to the member from his underwriting business included references to the profits and losses arising to the personal representatives.
Cessation of individual member’s underwriting business – claim for relief where business commenced before 1st January 1972
13
1
This regulation applies where —
a
a member who is an individual has ceased to be a member of Lloyd’s under the rules or practice of Lloyd’s or, if earlier, has given notice of resignation of membership under the rules or practice of Lloyd’s which has not been withdrawn; and
b
the member’s underwriting business as an underwriting member of Lloyd’s commenced before 1st January 1972.
2
The member may claim that —
a
for the last year of assessment in which profits or losses of his underwriting business arising directly from his membership of one or more syndicates, or from assets forming part of a premiums trust fund of one or more syndicates, being profits or losses declared in the underwriting year following the closing year, fall to be included by virtue of the provisions of Chapter III, he shall be charged to tax in respect of those profits on the amount of the actual profits of the period beginning on 6th April and ending on 31st December in that underwriting year (but subject to any deduction or set-off to which he may be entitled under section 385 of the Taxes Act ; and
b
for the year of assessment immediately preceding that referred to in sub-paragraph (a) above, there shall be deducted in computing profits arising as mentioned in that sub-paragraph an amount equal to the lesser of —
i
the amount of those profits, and
ii
the amount of the profits of his underwriting business for the underwriting year 1972.
3
For the purposes only of determining the last year of assessment under paragraph (2) above in any case where the member enters into a quota share contract in relation to a syndicate before the end of the closing year of the syndicate, any loss declared by that syndicate following the making of the contract shall be treated as if it were a declared profit.
4
A member may not make more than one claim under paragraph (2) above.
Cessation of individual member’s underwriting business – terminal loss relief
14
1
This regulation applies where a member ceases to carry on his underwriting business, whether by reason of death or otherwise, and either —
a
his deposit at Lloyd’s is paid over to him or his personal representatives or assigns on or after 1st January 1993, or
b
the last open year of account of any syndicate of which he is a member is closed after 31st December 1992.
2
Notwithstanding section 179 or section 179A, or regulation 9 or 10 of these Regulations, the date on which the member’s underwriting business is permanently discontinued for the purposes of section 388 of the Taxes Act (carry-back of terminal losses) shall be deemed to be the 5th April in the last year of assessment in which profits or losses of that business which arise directly from his membership of one or more syndicates, or from assets forming part of a premiums trust fund, fall to be included by virtue of the provisions of Chapter III.
3
No claim may be made by a member under section 388 of the Taxes Act until —
a
he has ceased to be a member under the rules or practice of Lloyd’s or, if earlier,
b
he has given (and not withdrawn) notice of resignation of membership under the rules or practice of Lloyd's.
4
A member may not make more than one claim under section 388 of the Taxes Act in respect of the same underwriting business.
5
For the purposes of paragraph (1)(b) above, the last open year of account of a syndicate of which a person is a member shall be regarded as having closed either —
a
when the member is treated under the rules or practice of Lloyd’s as having been discharged of all his liabilities in relation to that syndicate, whether by the syndicate closing its accounts or by the member or his personal representatives or assigns entering into a quota share contract; or
b
in a case where the member enters, or his personal representatives or assigns enter, into a quota share contract before the end of the closing year of the syndicate, at the end of the underwriting year in which the contract is made.
6
For the purposes only of determining the last year of assessment under paragraph (2) above in any case where the member enters into a quota share contract in relation to a syndicate before the end of the closing year of the syndicate, any loss declared by that syndicate following the making of the contract shall be treated as if it were a declared profit.
Cessation of individual member’s underwriting business by reason of death – winding up of old-style special reserve fund
15
1
In any case where —
a
a member ceases to carry on his underwriting business by reason of his death;
b
the member’s final year of assessment, ascertained in accordance with the provisions of Chapter III and these Regulations, is the year 1992–93 or any subsequent year of assessment; and
c
prior to his death no new-style fund had been set up in relation to the member;
subsection (4) of section 175 of the Finance Act 1993 (winding-up of old-style fund) shall apply as if paragraph (b) of that subsection was omitted.
2
In paragraph (1) above,“new-style fund” and “old-style fund” have the meanings given by paragraph 12(1) of Schedule 20.
Cessation of corporate member’s underwriting business – final underwriting year
16
1
Where a corporate member ceases to carry on its underwriting business, whether by reason of being wound up or otherwise, its final underwriting year shall, in the cases specified in paragraphs (2) to (5) below, be ascertained in accordance with the provisions of those paragraphs.
2
In any case where a letter is issued by the Membership Department of Lloyd’s to the corporate member or its agent inviting an application for the repayment of the corporate member’s deposit, the corporate member’s final underwriting year shall be not later than the underwriting year in which falls the date which is 180 days after the date of issue of the letter.
3
In any case where the corporate member’s deposit at Lloyd’s is paid over to a person other than the corporate member, its final underwriting year shall be the underwriting year in which its deposit is so paid over or, where paragraph (2) above applies and the underwriting year specified in that paragraph is earlier, that earlier underwriting year.
4
In any case where the corporate member or another person is released from any arrangement entered into by the corporate member or that person in order to satisfy the requirement on the part of the corporate member to provide a deposit at Lloyd's, the corporate member’s final underwriting year shall, except in a case to which paragraph (5) below applies, be the underwriting year in which the release occurs.
5
In any case where the corporate member’s deposit at Lloyd’s is extinguished or released before the last open year of account of any syndicate of which it is a member is closed, the corporate member’s final underwriting year shall be either —
a
the underwriting year next following the underwriting year in which the last open year of account of any syndicate of which it was a member is closed or, if later,
b
the underwriting year in which the corporate member ceases to be a member of Lloyd’s under the rules or practice of Lloyd's.
6
For the purposes of this regulation, the last open year of account of a syndicate of which a person is a corporate member shall be regarded as having closed when the member is treated under the rules or practice of Lloyd’s as having been discharged of all its liabilities in relation to that syndicate, whether by the syndicate closing its accounts or by the member entering into a quota share contract.
Supplemental
Revocations
17
1
The Lloyd’s Underwriters (Tax) Regulations 1974 , the Lloyd’s Underwriters (Tax) ( No. 2) Regulations 1974 and the Lloyd’s Underwriters (Schedule 19A to the Income and Corporation Taxes Act 1988) Regulations 1990 are hereby revoked.
2
A claim made under regulation 21 of the Lloyd’s Underwriters (Tax) Regulations 1974 which was valid for the purposes of that regulation immediately before the coming into force of these Regulations but which had not been finally determined at that time (“a pending claim”) shall have effect as if made under regulation 13 of these Regulations, and accordingly references in that regulation to a claim shall be construed as including references to a pending claim.
S C T Matheson
C W Corlett
Two of the Commissioners of Inland Revenue
15th February 1995


text:
Citation and commencement
1
This Order may be cited as the Section 19 Minibus (Designated Bodies) (Amendment) Order 1995 and shall come into force on 17th July 1995.
Interpretation
2
In this Order —
“the principal order” means the Section 19 Minibus (Designated Bodies) Order 1987 ; and
“the Schedule” means the Schedule to the principal order.
Amendment of the principal order
3
1
The principal order shall be amended in accordance with articles 4, 5, 6 and 7 below.
Bodies ceasing to be designated
4
Items 32, 33, 61, 70 and 71 of the Schedule shall be omitted.
New designated bodies
5
In the Schedule —
a
after item 17, there shall be inserted the following item —
17A Arthritis Care 18 Stephenson Way, London NW1 2HD Any branch of the designated body which is constituted,, and the affairs of which are carried on, in accordance with regulations approved by the Council of the designated body.
;
b
after item 31, there shall be inserted the following item —
32A The Church Lads' and Church Girls' Brigade 2 Barnsley Road, Wath-upon-Dearne, Rotherham,, South Yorkshire S63 6PY Any company, battalion or regiment established and conducted in accordance with the rules and regulations of the designated body.
;
c
after item 43, there shall be inserted the following item —
43A Enable (formerly Scottish Society for the Mentally Handicapped) 6th Floor, 7 Buchanan Street, Glasgow G1 3HL Any organisation affiliated to the designated body or any branch of the designated body.
;
d
after item 44, there shall be inserted the following items —
44A European Scout Federation (British Association) 38 Sandiway Bank, Thornhill, Dewsbury, West Yorkshire WF12 0SD Any Group affiliated to the designated body. 44B Federation of the Association of Swimming Therapy 93 Royal Crescent, South Ruislip, Middlesex HA4 0LP Any club affiliated to the designated body.
;
e
after item 48, there shall be inserted the following item —
48A The Guide Dogs for the Blind Association Hillfields, Burghfield, Reading, Berkshire RG7 3YG —
.
Change of name and address
6
In the Schedule —
a
the following shall be substituted for the entry in column (2) of item 37 —
Community Transport Association UK Highbank, Halton Street, Hyde, Cheshire SK14 2NY
;
b
the following shall be substituted for the entry in column (2) of item 53 —
NABC — Clubs for Young People 369 Kennington Lane, London SE11 5QY
;
c
item 54 shall be omitted and after item 79A, there shall be inserted the following item —
79B Youth Clubs UK 11 St Bride Street, London EC4A 4AS Bodies comprised in the designated body.
.
Change of address
7
For the address given in column (2)(b) of an item in the Schedule referred to in column (1) of the Table below there shall be substituted the address given opposite that item in column (2) of the Table.
TABLE
(1) (2) Item in Schedule New address
12 Astral House, 1268 London Road, London SW16 4ER 13 54A Fountainbridge, Edinburgh EH3 9PT 22 Allington Road, St. Neots, Cambridgeshire PE19 2RD 24 7A Rutland Road, Leicester LE1 1RB 39 11/13 Lower Hillgate, Stockport SK1 1JQ 41 CPAS, Athena Drive, Tachbrook Park, Warwick CV34 6NG 44 Great Clowes Street, Salford M7 1RQ 45 Preston Montford, Shrewsbury SY4 1HW 56 Regents Wharf, 8 All Saints Street, London N1 9RL 59 4 Duncan Close, Redhouse Square, Moulton Park, Northampton NN3 6WL 62 HQ Personnel and Training Command, RAF Innsworth, Gloucester GL3 1EZ 63 Bakewell Road, Orton Southgate, Peterborough PE2 0XU.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
14th June 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the New Town (East Kilbride) (Transfer of Property, Rights and Liabilities) Order 1995 and shall come into force on 31st December 1995.
2
In this Order —
“the council” means East Kilbride District Council being a council constituted in accordance with Part I of the Local Government (Scotland) Act 1973 ;
“development corporation” means the East Kilbride Development Corporation established by the New Town (East Kilbride) Development Corporation Order 1947 ;
“enactment” includes an order, regulation, rule or other instrument having effect by virtue of an Act;
“recorded GRS (Lanark)” means recorded in the Division of the General Register of Sasines for the County of Lanark.
3
A reference in Part 1 of the Schedule to this Order to a “plan” followed by a number is a reference to the plan of that number annexed to the Schedule to this Order.
Transfer of property, rights and liabilities to the council
2
1
Subject to the provisions of this Order —
a
the heritable property specified in the Schedule to this Order, insofar as owned by the development corporation immediately before the day on which this Order comes into force; and
b
the development corporation’s interest immediately before the day on which this Order comes into force in the standard securities, minutes of agreement, policies of assurance and other contracts and agreements specified in the Schedule to this Order,
shall, together with the development corporation’s rights, liabilities and obligations pertaining thereto, transfer to and vest in the council at the beginning of the day on which this Order comes into force.
2
For the purposes of paragraph (1) above, a reference to any liability or obligation specified in, or of a description specified in, or relating to any property or matter specified in, any part of the Schedule to this Order shall be deemed to include any liability or obligation of the development corporation subsisting immediately before the date on which this Order comes into force whether or not any relevant claim (within the meaning of section 9 of the Prescription and Limitation (Scotland) Act 1973 ) has been made in relation to the liability or obligation at any time before that date.
Incidental and supplementary provisions
3
1
Anything done or in the process of being done by or in relation to the development corporation for the purposes of or in connection with the property, rights and liabilities transferred by this Order shall on and after the date on which this Order comes into force be treated as having been done by or in relation to, or shall be continued by or in relation to, the council; and without prejudice to the foregoing generality —
a
any legal proceedings by or in relation to the development corporation for the purposes of or in connection with the said property, rights and liabilities may be continued by or in relation to the council; and accordingly references to the development corporation in any process or other document issued, prepared or employed for the purposes of any such proceedings before any court or other tribunal or authority shall be taken as referring to the council;
b
every contract or agreement whether written or not to which the development corporation is a party for the purposes of or in connection with the said property, rights and liabilities shall have effect in relation to such property, rights and liabilities, in respect of any time falling after the date of transfer, as if the council was the party thereto in place of the development corporation and as if for each reference therein to the development corporation there was substituted a reference to the council;
c
every deed, bond, instrument and document relating to the property, rights and liabilities of the development corporation which by this Order are transferred to the council shall have effect in relation to such property, rights and liabilities in respect of any time falling after the date of transfer, as if, where the development corporation is a party thereto the council was substituted as that party and as if for each reference therein to the development corporation there were substituted a reference to the council; and
d
every process, contract, agreement, deed, bond, instrument and document mentioned in sub-paragraphs (a) to (c) respectively of this paragraph shall be subject to the following additional modifications, so far as they are applicable —
i
as if for a reference (however worded and whether expressed or implied) to a member or members of the staff of the development corporation there were substituted, in respect of anything done or falling to be done or occurring after the date of transfer, a reference to a member or members of the staff of the council; and
ii
as if for a reference to the office or place of business of the development corporation there were substituted, in respect of any time falling after the date of transfer, a reference to the office or place of business of the council.
2
The property, rights and liabilities to which this Order relates include property, rights and liabilities of the development corporation whether or not capable of being transferred or assigned by the development corporation.
3
For all purposes connected with, or arising subsequent to, a transfer to the council of any property, rights or liabilities to which this Order relates, the council is to be treated in respect of the property, rights and liabilities so transferred as the same person in law as the development corporation.
4
Nothing in article 2 above or in the foregoing provisions of this article shall have the effect of completing the title of the council to any land transferred by virtue of this Order, but this is without prejudice to the provisions of section 36D(4) of the New Towns (Scotland) Act 1968.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
27th November 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Changes for England (No. 2) Regulations 1995 and shall come into force on 4th May 1995.
2
In these Regulations, “the 1994 Regulations ” means the Local Government Changes for England Regulations 1994 .
Amendment of 1994 Regulations
2
1
The 1994 Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2 (interpretation), in paragraph (4), after the definitions of “county functions”, “district functions” and “parish functions”, the following definition shall be inserted —
“head of paid service”, in relation to an authority, means the officer of that authority who is designated as such under section 4 of the Local Government and Housing Act 1989;
.
3
In regulation 10, the words “and first meetings” shall be inserted after the word “elections”.
4
In regulation 11 (functions and powers of the shadow authority) —
a
in paragraph (6), in the Table —
i
the following entries shall be inserted after the entry relating to section 103 of the 1972 Act —
Section 104 Disqualification for membership of committees and joint committees Section 105 Disability for voting on account of interest in contracts, etc. ;
ii
the following entries shall be inserted after the entry relating to section 106 of the 1972 Act —
Section 115 Accountability of officers Section 116 Members of local authorities not to be appointed as officers Section 117 Disclosure by officers of interest in contracts Section 128 Consents to land transactions by local authorities and protection of purchasers Section 131 Savings; and
iii
the following shall be added after the entry relating to section 146 of the 1972 Act —
Section 151 Financial administration; and
b
in paragraph (7) —
i
in sub-paragraph (c), for the words from “Section 18” to “members” there shall be substituted the words “Part I (locally authority members, officers, staff and committees etc.)”; and
ii
after sub-paragraph (g) the following shall be added —
h
Part III of the Local Government Act 1974 (local government administration);
i
Part VIII of the Local Government Finance Act 1988 (financial administration); and
j
the Local Government (Committees and Political Groups) Regulations 1990.
5
In regulation 28 (minutes of last meeting), in paragraph (1), after the words “abolished authority” there shall be added the words “a committee or sub-committee of such an authority or a joint committee appointed by two or more such authorities”.
6
In the Schedule the following paragraphs shall be added after paragraph 1 —
Elections of shadow authorities
2
1
Section 36(4) of the 1983 Act (payment of election expenses) shall not apply to the election of councillors of a shadow authority.
2
All expenditure properly incurred by the returning officer or other officer in relation to the holding of such an election shall be paid in the first instance by the relevant authority and shall be defrayed by all the transferor authorities —
a
in such proportions as may be agreed between them; or
b
in default of such agreement, as may be determined by the Secretary of State.
3
In relation to such an election, “the appropriate officer”, in Parts II and III of the 1983 Act, does not have the meaning given by section 67(7) of that Act but means the returning officer.
4
The councillors elected at such an election shall come into office on the fourth day after that election.
5
In this Schedule —
“the returning officer”, in relation to the election of councillors of a shadow authority, means the returning officer appointed under 35 of the 1983 Act by such transferor authority as may be specified in the order; and
any reference to the relevant authority is a reference to that transferor authority.
Declaration of acceptance of office
3
For the purpose of taking and receiving delivery of declarations of acceptance of the office of councillor of any shadow authority before the first meeting of that authority, the head of paid service of the relevant authority —
a
shall be deemed to be and shall act as the proper officer of the shadow authority; and
b
shall transfer any such declaration which has been delivered to him to the custody of the proper officer of the shadow authority on the appointment of the latter.
First meetings of shadow authorities
4
1
The first meeting of a shadow authority shall be held within 21 days immediately following the day of election of councillors of the authority and shall be treated as the annual meeting of the authority for the year in which the election is held.
2
The meeting shall be convened by the head of paid service of the relevant authority and shall be held at such place and time as he may appoint.
3
The notice of the meeting required by paragraph 4(2) of Schedule 12 to the 1972 Act shall be published at the place where the meeting is to be held and the summons to attend the meeting shall be signed by the person convening it.
.
Signed by authority of the Secretary of State for the Environment
Robert Jones
Parliamentary Under Secretary of State,
Department of the Environment
11th April 1995


text:
Citation and commencement
1
This Order may be cited as the Greater Manchester (Light Rapid Transit System) (Land Acquisition) Order 1995 and shall come into force on 26th September 1995.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the 1990 Act ” means the Greater Mancheser (Light Rapid Transit System) Act 1990
“authorised works” means the works authorised by the 1990 Act;
“the book of reference” means the book of reference described in rule 7(5) of the Applications Rules prepared in connection with the application for this Order;
“ the Executive ” means Greater Manchester Passenger Transport Executive;
“the land plan” means the plan described in rule 7(3) of the Applications Rules prepared in connection with the application for this Order and references to land shown on that plan are references to the land so shown in pursuance of that rule;
“ the tribunal ” means the Lands Tribunal.
2
Where the book of reference or the land plan was or were revised before this Order was made, any reference to it or them in this Order is to the latest such version submitted to the Secretary of State.
3
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
Power to acquire land
3
The Executive may acquire compulsorily so much of the land shown on the land plan and described in the book of reference as may be required for the purposes of the authorised works and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its undertaking.
Application of Part I of Compulsory Purchase Act 1965
4
1
Part I of the 1965 Act, insofar as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order–
a
as it applies to a compulosry purchase to which the Acquisition of Land Act 1981 applies, and
b
as if this Order were a compulsory purchase order under that Act.
2
Part I of the 1965 Act, as so applied, shall have effect as if —
a
section 4 (whichprovides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted, and
b
in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted —
i
in a case where the notice to treat relates only to the acquisition of subsoil or the acquisition of an easement or other right over the land, a reference to notice of one month, or
ii
in any other case, a reference to notice of 3 months.
Disregard of certain interests and improvements
5
1
In assessing the compensation (if any) payable to any person on the acquisiton from him of any land under this Order, the tribunal shall not take into account —
a
any interest in land, or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) above “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Extinction or suspension of private rights of way
6
1
All private rights of way over land subject to compulsory acquistion under this Order shall be extinguished —
a
as from the acquisition of the land by the Executive, whether compulsorily or by agreement, or
b
on the entry on the land by the Executive under section 11(1) of the 1965 Act,
whichever is the sooner,
2
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961 .
Time limit for exercise of powers of acquisition
7
The powers conferred by this Order to acquire any land shall be deemed to have been exercised if, before the end of the period of 5 years beginning n the day on which this Order comes into force, notice to treat has been served in respect of the land but, subject thereto, the powers shall cease to have effect at the end of that period.
Certification of plans etc.
8
The Executive shall, as soon as practicable after the making of this Order, submit copies of the book of reference and the land plan to the Secretary of State for certification that they are true copies of, respectively, the book of reference and plan referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Modification of 1990 Act
9
Section 17 (For protection of Manchester Ship Canal Company) of the 1990 Act and sections 43 (For protection of electricity, gas and water undertakers) and 44 (For protection of North West Water Authority) of the Greater Manchester (Light Rapid Transit System) Act 1988 as applied by the 1990 Act shall have effect as if the powers of compulsory acquisition contained in this Order were contained in the 1990 Act and as if the reference to the deposited plans in subsection (3) of section 43 included a reference to the land plan prepared for the purposes of this Order.
Signed by authority of the Secretary of State for Transport
R. A. Allan
An Under Secretary,
Department of Transport
5th September 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Pharmaceutical Services) Amendment Regulations 1995 and shall come into force on 1st April 1995.
2
In these Regulations “the principal Regulations ” means the National Health Service (Pharmaceutical Services) Regulations 1992 .
Amendment of regulation 16 of the principal Regulations
2
In regulation 16(2) of the principal Regulations (supplemental services), for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
in relation to homes registered under the Registered Homes Act 1984 or in respect of which registration is, by virtue of section 1(5)(j) of that Act, not required —
i
giving advice, in connection with the safe keeping and correct administration of drugs provided to persons resident in such a home, to the person appearing to the chemist to be in charge of the home, or to the person authorised by that person to control such safe keeping and correct administration, and
ii
keeping records of visits to such homes;
.
Amendment of regulation 16A of the principal Regulations
3
In regulation 16A(2)(b) of the principal Regulations (additional professional services) , the words “, posters and publications” shall be omitted.
Amendment of regulation 18 of the principal Regulations
4
1
Regulation 18 of the principal Regulations (standards of, and payments for, drugs and appliances) shall be amended as follows.
2
In paragraph (1), after the words “and which” there shall be inserted the words “(subject to paragraph (1A))”.
3
After paragraph (1) there shall be inserted the following paragraph —
1A
The Drug Tariff may state in respect of any specified fee falling within paragraph (1)(g), or any other specified fee, allowance or other remuneration in respect of the provision of pharmaceutical services by chemists included in the pharmaceutical list of an FHSA , that the determining authority for that fee, allowance or other remuneration for those chemists is the FHSA, and in such a case paragraphs (4) and (5) shall apply.
.
4
After paragraph (3) there shall be inserted the following paragraphs —
4
The FHSA shall consult the Local Pharmaceutical Committee before making any determination by virtue of paragraph (1A).
5
A determination made by the FHSA by virtue of paragraph (1A) shall include the arrangements for claiming the specified fees, allowances or other remuneration, and shall be published by the FHSA in whatever way it thinks suitable for bringing that determination to the attention of the chemists included in its pharmaceutical list.
.
Amendment of regulation 22 of the principal Regulations
5
In regulation 22(1) of the principal Regulations (publication of particulars), the word “and” at the end of sub-paragraph (c) shall be omitted and at the end of sub-paragraph (d) there shall be inserted —
and
e
determinations made by the FHSA by virtue of regulation 18(1A);
.
Amendment of regulation 24 of the principal Regulations
6
At the end of regulation 24(1) of the principal Regulations (claims and overpayments), there shall be inserted the words “or, as the case may be, in accordance with any arrangements for claiming them included in a determination made by the FHSA by virtue of regulation 18(1A).”.
Amendment of Part II of Schedule 2 to the principal Regulations
7
1
Part II of Schedule 2 to the principal Regulations (terms of service for chemists) shall be amended as follows. —
2
In paragraph 3(3) (provision of pharmaceutical services), for the words “sub-paragraphs (3), (4) and (5)” there shall be substituted the words “sub-paragraphs (4) to (12)”.
3
In paragraph 4 (premises and hours) —
a
at the end of sub-paragraph (2)(b) there shall be inserted the words “on working days between the hours of 09.00 and 17.30 (or 13.00 on an early closing day)”;
b
at the end of sub-paragraph (3) there shall be inserted the words “; “working day” means Monday to Saturday excluding a Good Friday, Christmas Day or a bank holiday which falls on any such day; and “an early closing day” means any working day when most shops in the neighbourhood are habitually closed after the hour of 13.00.”;
c
in sub-paragraph (4), after the words “such services” there shall be inserted the words “on working days between the hours of 09.00 and 17.30 (or 13.00 on an early closing day)”;
d
in sub-paragraph (7)(b), for the word “chemist”there shall be substituted the word “pharmacist”, and after the words “such services” there shall be inserted the words “on working days between the hours of 09.00 and 17.30 (or 13.00 on an early closing day)”;
e
in sub-paragraph (18), after the words “pharmaceutical services” there shall be inserted the words “on working days between the hours of 09.00 and 17.30 (or 13.00 on an early closing day)”;
f
in sub-paragraph (20)(b), after the words “pharmaceutical services” there shall be inserted the words “on working days between the hours of 09.00 and 17.30 (or 13.00 on an early closing day)”; and
g
after sub-paragraph (24) there shall be inserted the following sub-paragraphs —
25
Where it appears to the FHSA, after consultation with the Local Pharmaceutical Committee, that the times at which a pharmacist is available —
a
on working days before the hour of 09.00 or after the hour of 17.30 (or 13.00 on an early closing day); or
b
on any Sunday, Good Friday, Christmas Day or bank holiday,
are not adequate to meet the needs of persons in the neighbourhood for pharmaceutical services at those times or on those days, the FHSA may (subject to sub-paragraphs (26) to (28)) direct the chemist to revise the times at which the pharmacist is to be available in the manner specified in the direction.
26
No direction shall be given under sub-paragraph (25) unless a fee, allowance or other remuneration to be paid to any chemist so directed is included in the Drug Tariff or has been determined by the FHSA by virtue or regulation 18(1A) (as the case may be).
27
Before giving any direction under sub-paragraph (25) the FHSA shall —
a
give notice to the chemist of the revised times at which it proposes the pharmacist is to be available; and
b
allow the chemist 30 days within which to make representations to the FHSA about its proposals,
and shall take any such representations into account.
28
The FHSA shall notify the chemist in writing of a direction under sub-paragraph (25), and shall include with the notification of a statement in writing of the reasons for its direction and of the chemist’s right of appeal under sub-paragraph (29).
29
A chemist may, within 30 days of receiving notification under sub-paragraph (28), appeal in writing to the Secretary of State against a direction under sub-paragraph (25).
30
Sub-paragraphs (11) and (12) shall apply to any appeal made under sub-paragraph (29) but as though any reference to a determination —
a
in sub-paragraph (11) were to a direction; and
b
in sub-paragraph (12) were to a decision.
31
A chemist in respect of whom a direction is given under sub-paragraph (25) shall revise the times of availability of the pharmacist so as to give effect to the direction —
a
where the direction is given by the FHSA and no appeal is made, not later than 8 weeks after the date on which he receives notification under sub-paragraph (28); or
b
where the direction is given or confirmed on appeal, not later than 8 weeks after the date on which he receives notification of the Secretary of State’s decision.
.
4
In paragraph 8 (remuneration of chemists) —
a
in sub-paragraph (2), after the words “Drug Tariff” there shall be inserted the words “or in accordance with any determination made by virtue of regulation 18(1A)”; and
b
in sub-paragraph (2A), after the words “Drug Tariff” there shall be inserted the words “or by any determination made by virtue of regulation 18(1A)”.
5
Paragraph 9 (fair wages for staff) shall be omitted.
Amendment of Part III of Schedule 2 to the principal Regulations
8
In paragraph 11A(3) of Schedule 2 to the principal Regulations (terms of service for doctors who provide pharmaceutical services), for the words “drugs, medicines,” there shall be substituted the words “drugs or medicines”.
Signed by authority of the Secretary of State for Health
Gerald Malone
Minister of State,
Department of Health
8th March 1995


text:
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 4) Order 1995 and shall come into force on 10th August 1995.
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State.
Paul Beresford
Parliamentary Under Secretary of State,
Department of the Environment
20th July 1995


text:
1
This Order may be cited as the Strathclyde Regional Council Prevention of Water Pollution (Skelmorlie Lower, Skelmorlie Upper, Skelmorlie Intakes, Outerwards, Greeto Intake, Haylie, Millport Lower, Millport Upper) Byelaws Extension Order 1995 and shall come into force on 8th April 1995.
2
The period during which the Strathclyde Regional Council, Prevention of Water Pollution (Skelmorlie Lower, Skelmorlie Upper, Skelmorlie Intakes, Outerwards, Greeto Intake, Haylie, Millport Lower, Millport Upper) Byelaws 1985 are to remain in force is hereby extended to 9th April 1997.
T D Macdonald
Deputy Chief Engineer, Scottish Office
Scottish Office Environment Department,
27 Perth Street,
Edinburgh
30th March 1995


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Government Act 1988 (Competition) (Personnel Services) (Fire and Civil Defence Authorities) (England) Regulations 1995 and shall come into force on 7th September 1995.
2
These Regulations apply to defined authorities in England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Local Government Act 1988;
“the cost” means the estimated total annual cost including overheads;
“the specified proportion” means an amount equal to the product of the following formula —
T - ( A + B + C + D + E + F + G )
where
T=
an amount equal to the cost to a defined authority of the specified work;
A=
an amount equal to 85% of T or £400,000, whichever is greater;
B=
for the period ending on 31st March 1999 or five years after work was awarded, whichever is the shorter, an amount equal to the cost of specified work which is being carried out by a defined authority following voluntary competitive tendering;
C=
an amount equal to the cost of specified work carried out by a defined authority on behalf of a school with a delegated budget provided under a scheme prepared in accordance with section 33 of the Education Reform Act 1988 ;
D=
until 1st April 1999, an amount equal to the cost of specified work which is being carried out by a defined authority in connection with functional work falling within the defined activity mentioned in section 2(2)(h) of the Act (housing management) where that functional work is not subject to section 6 of the Act;
E=
an amount equal to the cost of specified work carried out by a defined authority in connection with functional work falling within any defined activity where that functional work is being carried out by a defined authority in accordance with the provisions of the Act;
F=
an amount equal to the cost of specified work carried out by a defined authority in connection with functional work to which Part III of the Local Government, Planning and Land Act 1980 applies where that functional work is being carried out by a defined authority in accordance with the provisions of that Act; and
G=
an amount equal to the cost of specified work falling within paragraph 15(1)(g) of Schedule 1 to the Act where that work is wholly or partly funded by a grant made pursuant to section 1 of the Education (Grants and Awards) Act 1984 ;
“specified work” means work of any description falling within the defined activity mentioned in section 2(2)(n) of the Act (personnel services) other than work carried out by a bidding authority to which section 4 of the Act (works contracts: restrictions) applies;
“voluntary competitive tendering” means the awarding of work before 1st April 1994 following a competitive process in the course of which at least 3 persons who are not defined authorities were invited to tender for that work.
Application of section 6
3
Section 6 of the Act shall apply to the specified proportion of any specified work if it is proposed to be carried out on or after 1st october 1996 by a |fi|re authority constituted by a combination scheme, a metropolitan county fire and civil defence authority or by the London Fire and Civil Defence Authority.
Signed by authority of the Secretary of State for the Environment
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
10th August 1995


text:
1
These Regulations may be cited as the Statistics of Trade (Customs and Excise) (Amendment) Regulations 1995 and shall come into force on 1st January 1996.
2
The Statistics of Trade (Customs and Excise) (Amendment) Regulations 1994 are hereby revoked.
3
The Statistics of Trade (Customs and Excise) Regulations 1992 shall be amended as follows.
4
In regulation 3(1) for £150,000, in each place where it occurs, there shall be substituted £160,000.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
28th November 1995