text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Overseas Service (Pensions Supplement) Regulations 1995 and shall come into force on 1st March 1995.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Pensions (Increase) Act 1971;
“the 1973 Act ” means the Overseas Pensions Act 1973 ;
“addition”, except in regulation 19(1)(a) and (2) and in references to the addition under section 6(5) of the Act, means the amount calculated (by reference to the increases payable under Part I of the Act) under Part III;
“contributory derivative pension” means a derivative pension computed wholly or partly by reference to contributions paid by, and to the age of, an officer;
“increasable rate” has the meaning given by regulation 6;
“overseas increase” has the meaning given by regulation 19;
“period of contributory service”, in relation to a contributory derivative pension, means the period during which an officer was both —
in service under the government of a particular overseas territory; and
contributing for the purposes of the pension in relation to that service;
“rate”, in relation to a pension consisting of periodical payments, means annual rate;
“relevant date” means a date specified in regulation 8(4);
“total overseas increase” has the meaning given by regulation 18.
2
In these Regulations any reference to Part I of the Act includes sections 59 and 59A of the Social Security Pensions Act 1975 .
3
In these Regulations, unless the context otherwise requires, any reference, however expressed, to the date when a pension begins is a reference to the date when it is treated as beginning for the purpose of calculating addition, determined in accordance with regulation 8 or, as the case may be, Schedule 6.
4
In these Regulations, unless the context otherwise requires, any reference to service under the government of an overseas territory includes service rendered to any authority or institution in the overseas territory.
5
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation, Part or Schedule is a reference to a regulation, Part or Schedule in these Regulations, and any reference in a regulation or Schedule to a numbered paragraph is a reference to a paragraph of that regulation or Schedule.
PART II
SUPPLEMENT
Pensions in respect of which supplement may be paid
3
1
The Secretary of State may pay supplement in respect of any pension to which section 11, 11A or 12 of the Act applies, other than a pension of a kind referred to in paragraph (2).
2
No supplement shall be payable in respect of —
a
a derivative pension granted under section 17 of the Malaysia Pensions Ordinance 1951 (as amended by the Malaysia Pensions (Amendment) (No.2) Act 1972) or any corresponding enactment replacing that section;
b
a derivative pension granted under the Fiji Pensions Act 1979 (Act No.21 of 1979) or any corresponding enactment replacing that Act;
c
a derivative pension granted under the Hong Kong Surviving Spouses' and Children’s Pensions Ordinance (Cap.79) or the Hong Kong Widows and Orphans Pensions Ordinance (Cap.94), as amended in either case by the Hong Kong Pensions Modification Ordinance 1993 (Ordinance No.3 of 1993), to a spouse of an officer who married the officer after he had ceased to serve under the government of Hong Kong, or to a child of the officer’s marriage to such a spouse, where both the following circumstances apply: —
i
the officer ceased to serve under the government of Hong Kong before 1 February 1993; and
ii
the spouse or child did not first become entitled to payment of the pension before 1 March 1995; or
d
any pension which only becomes payable to a person in consequence of a change in the law or administrative provisions of an overseas territory on or after 1 March 1995.
3
The enactments, schemes and other instruments specified in Schedule 1 are approved by the Secretary of State for the purposes of sections 11 and 12 of the Act.
Amount of supplement
4
1
Subject to paragraph (2) and to regulation 21, the amount of supplement payable in respect of a pension shall be the amount of the addition calculated (by reference to the increases payable under Part I of the Act) under Part III less the total overseas increase calculated under Part IV.
2
Subject to regulation 21, where a person is in receipt of more than one pension in respect of which supplement may be paid under regulation 3 and Schedule 2 applies, the amount of supplement determined under paragraph (1) in respect of each of those pensions shall where appropriate be adjusted in accordance with that Schedule.
Supplement on pensions under section 1 of the Overseas Pensions Act 1973
5
1
In relation to a pension payable under section 1 of the 1973 Act (assumption by United Kingdom of responsibility for certain overseas pensions, etc ), being a pension for the payment of which Her Majesty’s Government in the United Kingdom have assumed responsibility under an agreement referred to in that section, supplement shall be calculated under these Regulations as if the Government had not assumed that responsibility.
2
In relation to a pension payable under section 1(2)(ii) of the 1973 Act, supplement shall be calculated under these Regulations as if the pension were paid by the government of the overseas territory in or for which the services giving rise to the pension were rendered, under the pensions laws of that territory.
3
A pension specified in paragraph (1) shall, notwithstanding that it is payable in sterling, be treated for the purposes of calculating supplement as if it continued to be payable in the currency of the relevant overseas territory and the provisions of regulation 22 (conversion to sterling) shall apply to it as if it were so payable and as if any provision of a Public Officers' Agreement which was abrogated on the assumption by Her Majesty’s Government in the United Kingdom of responsibility for payment of such pension had not been abrogated.
Increasable rate of pension
6
1
For the purpose of calculating supplement, the increasable rate of a pension, subject to the following provisions of this regulation, shall be —
a
in the case of a principal pension, the rate of pension first awarded with effect from the day following the last day of the service by reference to emoluments in which the pension is computed or, if the pension first became payable after that day, which would have been so awarded had it become payable on that day;
b
in the case of a derivative pension, the rate of pension first awarded —
but excluding in every case —
i
the amount of any increase, bonus or other allowance howsoever authorised which may have been included in the amount of the award;
ii
any other amount which is an overseas increase; and
iii
any supplement under these Regulations.
2
Where the law or administrative provisions under which the pension is payable, in force at the time when the pension is first awarded, provide for —
a
the exercise by any person of an option under which the rate of the pension may be changed; or
b
a change in the rate of the pension upon a change in the circumstances of the pensioner or upon a change in the persons entitled to payment of pensions in respect of the service or contributions of the officer concerned —
and the rate of pension first awarded is revised in accordance with that provision (or any re-enactment thereof), the increasable rate shall from the date when that revision takes effect be the rate as so revised, subject to the exclusions specified in paragraph (1).
3
In the case of any pension in respect of service under the Government of the Federal Republic of Nigeria or any of the States of the Federal Republic of Nigeria which has been calculated under pensions legislation of Nigeria or any part thereof giving effect, with or without modification, to the Report of the Public Service Review Commission (the Udoji Report), the increasable rate shall, subject to the exclusions specified in paragraph (1), be the rate of the pension which would have been payable under pensions legislation in force immediately prior to the provisions under which the pension was awarded, if that legislation had remained in force and if the person entitled to the pension had not exercised any option to commute part of that pension to a gratuity.
4
In the case of any pension —
a
in respect of service under the Government of Ghana which has been calculated under the Ghana Pensions Ordinance as amended by the Ghana Pensions and Social Security (Amendment) Decree 1975; or
b
in respect of service under the Government of Uganda which has been calculated under the Uganda Pensions Act as amended by the Uganda Pensions (Amendment) Regulations 1976 —
the increasable rate shall be the rate of the pension which would have been payable under that Ordinance or that Act if it had not been so amended, subject to the exclusions specified in paragraph (1).
5
In any case where —
a
the person entitled to the pension has been in receipt of the pension in respect of his service under a Government or authority;
b
that person renders further service to any other Government or authority which is reckonable as public service for the purposes of the provisions under which the pension is payable; and
c
in consequence of such further service the pension falls to be reduced to the maximum payable under those provisions when account is taken of any pension payable in respect of the further service —
the increasable rate shall, subject to the exclusions specified in paragraph (1) and to paragraph (2), be the amount of pension which would have been awarded if the pension had not been reduced in consequence of further service.
6
In the case of a pension awarded under the Overseas Superannuation Scheme to, or to a dependant of, a person —
a
who was a special contributor to that Scheme as provided in regulation 21 of the Overseas Superannuation Scheme (Consolidation) Regulations 1963; and
b
who has ceased to contribute to and who has, or whose dependant has, become eligible for benefit under the superannuation scheme operated under the Federated Superannuation System for Universities or such other scheme of a like nature as may have been approved under the provisions of paragraph (1) of that regulation —
the increasable rate, subject to the exclusions in paragraph (1) and to paragraph (2), shall be the amount of pension which would have been awarded if the pensionable emoluments taken into account had not been reduced in accordance with the Overseas Superannuation Scheme.
PART III
CALCULATION OF ADDITION
CHAPTER I
COMMON PROVISIONS
Amount of addition
7
1
Subject to the provisions of this regulation, the amount of the addition in respect of a pension shall be the aggregate of any increases which would be payable under Part I of the Act if —
a
the pension were an official pension specified in paragraph 4 of Schedule 2 to the Act ;
b
the increasable rate were the basic rate of such an official pension; and
c
the pension had begun on the date provided by this Part.
2
Paragraph (1) shall be subject to —
a
the provisions of chapter II of this Part, in the case of an earnings-related pension; and
b
the provisions of chapter III of this Part, in the case of a contributory derivative pension.
3
In the application of Part I of the Act for the purposes of paragraph (1) in respect of any pension —
a
section 4 shall not be applied;
b
section 8(1) shall have effect without the words “but does not include any money purchase benefits” and section 8(2) and (3) shall not be applied;
c
section 9(1) shall have effect without the words “(or any money purchase benefits)” and section 9(2)(a) shall not be applied; and
d
the definition of “pension” in section 17(1) of the Act shall have effect for the purpose of such application without the words “and the time when a pension “begins” is that stated in section 8(2)”.
Deemed date when pension begins for calculating addition
8
1
Subject to regulation 17 and Schedule 6, the date referred to in regulation 7(1)(c) shall be determined in accordance with this regulation.
2
In the case of an earnings-related pension the date shall be —
a
where the pension is computed by reference to emoluments in service under the Government of the United Kingdom, the Crown Agents for Overseas Governments and Administrations or the Central Office of the Overseas Audit Department, the day following the end of that 12 month period (in the 3 years immediately preceding cessation of that service) which provided the emoluments used in the calculation of the pension;
b
where the pension is computed by reference to emoluments in service under the Government of Egypt, a date before the beginning of the year 1944;
c
where the pension is computed by reference to emoluments in service under the Government of Hong Kong and the day following the last day of that service was on or after 9th December 1974, the day following the last day of that service;
d
where the pension is computed by reference to emoluments in service under the government of an overseas territory specified in Schedule 3, being a colony for whose external relations the United Kingdom is responsible or a territory outside Her Majesty’s dominions in which Her Majesty has jurisdiction in right of Her Government in the United Kingdom, and where —
i
the officer concerned was designated as an overseas officer under the Overseas Service Aid Scheme;
ii
the day following the last day of that service was on or after 31st December 1974; and
iii
the officer concerned had pensionable emoluments revised as a result of a general revision of emoluments payable to him under the Overseas Service Aid Scheme which had effect on or after 1st January 1974 —
the day following the last day of that service; and
e
in any other case where the pension is computed by reference to emoluments in service under the government of an overseas territory specified in Schedule 3 or the Federation of Rhodesia and Nyasaland, the day immediately following the effective date of the latest general revision of pensionable emoluments which was taken into account in determining the amount of the pension.
3
In the case of a contributory derivative pension, the date shall be the last relevant date before commencement of the period of contributory service, but subject where applicable to the provisions of regulation 17 and Schedule 6.
4
For the purposes of paragraph (3) and regulation 17, the relevant dates, for a pension in respect of contributions in relation to service in a particular territory, shall be —
a
in relation to all overseas territories mentioned in Schedule 3 and Egypt, 16th August 1920;
b
in relation to each overseas territory mentioned in Schedule 3, any date specified in relation to that overseas territory in columns 2 to 7 of that Schedule, but in the cases of The Gambia, Ghana, Nigeria and Sierra Leone the column 3 date shall also be used in place of the column 2 date; and
c
in relation to any overseas territory mentioned in Schedule 3 the date of each general revision of pensionable emoluments in relation to that overseas territory which takes effect from a date later than 1st July 1967.
CHAPTER II
MODIFICATION OF APPLICATION OF PART I OF THE ACT TO EARNINGS-RELATED PENSIONS
Application of Part I of the Act to earnings-related pensions
9
The application of Part I of the Act to earnings-related pensions for the purposes of regulation 7(1) shall be subject to the provisions of this Chapter.
Disapplication of section 1 to certain cases
10
Section 1 of the Act shall not apply in the case of an earnings-related pension which is determined by reference to emoluments derived from a general revision of pensionable emoluments in relation to an overseas territory taking effect on or after 1 April 1970.
Modification of application of section 1 in certain cases
11
In the case of an earnings-related pension —
a
to which regulation 8(2)((e) applies; and
b
for which the date specified in regulation 8(2)(e) is prior to the date specified in the second column of Schedule 3 in relation to the relevant overseas territory —
in place of the multiplier referred to in section 1(1)(a) of the Act there shall be applied the multiplier 3.052.
Disapplication of section 6 to certain cases
12
Section 6 of the Act shall not apply in the case of an earnings-related pension —
a
which became eligible for the first time to receive supplement by virtue of section 11(2)(c) of the Act; or
b
to which section 12 of the Act applies; or
c
which is determined by reference to emoluments derived from a general revision of pensionable emoluments in relation to an overseas territory taking effect on or after 1 April 1970.
Modification of application of section 6
13
1
In the case of any earnings-related pension to which section 6 of the Act applies, section 6(5) shall apply as if for the words —
and any of the qualifying conditions other than those specified in section 3(3)(b), (c) and (d) above is satisfied, or the pension is a widow’s pension
there were substituted the words —
and any of the qualifying conditions is satisfied or the pension is a derivative or substituted pension or a relevant injury pension, and the pension is not one payable to a person only while he is under a certain age or undergoing education or training
.
2
In the case of an earnings-related pension which began before 17 August 1920 and upon which if it had been a pension specified in section 1(2) of the Pensions (Increase) Act 1920 an increase might have been granted but for the repeal of that Act —
a
the pension shall not be treated as falling within section 6(2) of the Act;
b
in the application of section 6 of the Act, any provision of an order under that section disapplying the order to a pension which qualified for an increase under the Pensions (Increase) Act 1920 shall be disregarded; and
c
the 1971 rate determined under section 6 shall in addition include the amount of the increase which might have been granted under the Pensions (Increase) Act 1920, disregarding for this purpose paragraph 3 of Part I of the Schedule to that Act.
3
In the case of an earnings-related pension computed by reference to emoluments in the Sudan Civil Service, where the day following the last day of that service was during the year 1950, in the application of section 6 of the Act the amount prescribed by order under section 6(4) to correspond with the increase which might have been granted under the Pensions (Increase) Act 1944 but for repeal of that Act shall be reduced to the proportion thereof specified in Schedule 4.
4
In the case of an earnings-related pension —
a
computed by reference to emoluments in service under the government of an overseas territory specified in Schedule 3 payable prior to the date specified in the second column of that Schedule in relation to that overseas territory; or
b
in respect of service under the Government of Egypt —
the pension shall for the purposes of section 6 of the Act be deemed to have begun prior to 1 April 1947.
5
In the case of an earnings-related pension in respect of which on 31 August 1971 supplement was being paid under the Overseas Service (Pensions Supplement) Regulations 1969 , section 6(3) of the Act shall apply as it applies to an official pension paid on that date at a rate which included any relevant increases, but excluding the words from “unless” to the end of section 6(3).
CHAPTER III
MODIFICATION OF APPLICATION OF PART I OF THE ACT TO CONTRIBUTORY DERIVATIVE PENSIONS
Application of Part I of the Act to contributory derivative pensions
14
The application of Part I of the Act to contributory derivative pensions for the purposes of regulation 7(1) shall be subject to the provisions of this Chapter.
Disapplication of section 6 to certain cases
15
Section 6 of the Act shall not apply in the case of a contributory derivative pension —
a
which became eligible for the first time to receive supplement by virtue of section 11(2)(c) of the Act; or
b
to which section 12 of the Act applies.
Modification of application of section 6
16
In the case of any contributory derivative pension to which section 6 of the Act applies, section 6(2) to (5) shall not apply and the 1971 rate shall instead be ascertained in accordance with Schedule 5, subject where applicable to paragraph 5 of Schedule 6.
Calculation of increase where period of contributory service spans relevant dates
17
Where during the period of contributory service in respect of a contributory derivative pension there occurred one or more of the relevant dates the calculation of increase under Part I of the Act shall be subject to the provisions of Schedule 6.
PART IV
CALCULATION OF TOTAL OVERSEAS INCREASE
Total overseas increase
18
The total overseas increase in respect of a pension shall be the sum of the overseas increases specified in regulation 19.
Overseas increases
19
1
An overseas increase in respect of a pension for the purposes of these regulations is any of the following: —
a
any addition to the increasable rate of the pension which has at any time been awarded by an authority of an overseas territory or, in the case of a pension payable under section 1 of the 1973 Act, by the Secretary of State, and which is still being paid, including any increase, bonus or allowance and the restoration of a commuted part of a pension, and including any amount referred to in paragraph (2) but excluding any supplement under these Regulations and any change in the rate of pension to which regulation 6(2) applies;
b
in the case of a pension payable in a currency other than sterling, the amount by which the current sterling value of the increasable rate of the pension calculated using the rate of exchange provided in regulation 20 exceeds its sterling value calculated using the rate of exchange provided in regulation 22;
c
in the case of any pension to which regulation 6(3) or (4) applies, the amount by which the rate of the pension first awarded, or where that rate has been reduced by an authority of the relevant overseas territory the reduced rate, exceeds the increasable rate of the pension; and
d
the current rate of any other pension payable to the same person wholly or partly in respect of the same service which is excluded from entitlement to supplement by regulation 3(2).
2
Paragraph (1)(a) includes any addition of a kind there described which is included in the rate of pension first awarded (in addition to the normal computation of the rate of pension by reference to emoluments, or contributions and age, of an officer), and in particular includes any amount excluded from the increasable rate of the pension by regulation 6(1)(i).
3
Paragraph (1)(b) shall extend to a pension which is treated as payable in a currency other than sterling by virtue of regulation 5, but not if it is converted into sterling for the purpose of payment at the rate of exchange specified in a Public Officers' Agreement concluded between Her Majesty’s Government in the United Kingdom and the government of an overseas territory.
Current sterling value of increasable rate of pension
20
The current sterling value of the increasable rate of a pension payable in a currency other than sterling shall be calculated for the purposes of regulation 19(b) on the 15th day of each month of payment of supplement using —
a
the middle rate of exchange in the official exchange market or, if there is no official exchange market, the prevailing foreign exchange rate for current payments; or
b
if different, the rate of exchange applied to the pension.
PART V
MISCELLANEOUS AND SUPPLEMENTARY
Calculation of supplement on pensions of dependants of certain officers who served in the Federation of Rhodesia and Nyasaland
21
1
This regulation applies where an officer served under the government of Zambia (formerly Northern Rhodesia) or Malawi (formerly Nyasaland) and subsequently served under the government of the Federation of Rhodesia and Nyasaland and where a dependant of the officer receives —
a
a pension in respect of contributions made in relation to the officer’s service under the government of Zambia or Malawi;
b
a pension in respect of the officer’s service under the government of the Federation of Rhodesia and Nyasaland; and
c
a special pension paid out of the Central African Pension Fund to compensate for the difference between the combined rate of the pensions mentioned above and the rate of pension which the dependant might have received had the officer died immediately before he transferred to service under the government of the Federation of Rhodesia and Nyasaland.
2
For the purpose of calculating supplement the pensions mentioned in paragraph (1)(a) and (c) shall be aggregated and (subject to paragraph (3)) deemed a single contributory derivative pension in respect of contributions made in relation to the officer’s service under the government of Zambia or Malawi, and in relation to that deemed pension the period of contributory service under the government of Zambia or Malawi shall be treated as extending up to and including the date when the officer ceased to serve under the government of the Federation of Rhodesia and Nyasaland; but —
a
for the purposes of paragraph 4 of Schedule 5, only those dates specified in paragraph 5 of that Schedule which occurred before the officer began to serve under the Government of the Federation of Rhodesia and Nyasaland shall be taken into account; and
b
for the purposes of regulation 17 and Schedule 6, only those relevant dates which occurred before the officer began to serve under the government of the Federation of Rhodesia and Nyasaland shall be taken into account.
3
Notwithstanding that paragraph (2) provides for the pensions mentioned in paragraph (1)(a) and (c) to be deemed a single contributory derivative pension, the provisions of regulation 22 shall apply to those pensions as separate pensions and accordingly —
a
the increasable rate of the deemed pension shall be the aggregate of the increasable rates of each pension converted into sterling at the rate of exchange appropriate to each pension; and
b
the overseas increases on each pension shall be converted into sterling at the rate of exchange appropriate to that pension.
4
Supplement in respect of the pension mentioned in paragraph (1)(b) shall be calculated normally.
Conversion to sterling
22
1
Supplement under these regulations shall be calculated and payable in sterling.
2
For the purposes of these regulations, the increasable rate of a pension initially payable in a currency other than sterling (including one treated as so payable by regulation 5) shall be converted to sterling at the rate of exchange provided by paragraphs (3) to (5), and the same rate of exchange shall apply for conversion to sterling of the rate of pension first awarded referred to in regulation 19(1)(c) and the current rate of any other pension referred to in regulation 19(1)(d).
3
Where there is a Public Officers' Agreement between Her Majesty’s Government in the United Kingdom and the Government of the overseas territory to which the other currency relates (other than the Central African Public Officers' Agreement 1964), the rate of exchange shall be that specified in that Agreement, whether or not that Agreement applies to such pension or the pension is paid at the rate of exchange specified in the Agreement.
4
Where there is no Public Officers' Agreement or the pension is one to which the Central African Public Officers' Agreement 1964 applies the rate of exchange shall be —
a
where any provision or administrative arrangement in force in the overseas territory to which the other currency relates provides for a specific rate of exchange, that rate, unless —
i
the currency relates to an overseas territory specified in column 1 of Schedule 7, or
ii
that rate produces a greater amount in sterling than the rate specified in sub-paragraph (c) of this paragraph;
b
where the currency relates to an overseas territory specified in column 1 of Schedule 7, and subject to paragraph (5), the middle rate in the official exchange rate market on the date specified in column 2 of that Schedule; and
c
in any other case, the middle rate in the official exchange rate market on —
i
30th June 1976, where the pension is one for which the last day of service in respect of which it was awarded is on or before that date; or
ii
the last day of such service, where that day is after 30th June 1976.
5
In the case of a pension initially payable in the currency of the Gilbert and Ellice Islands or the Solomon Islands which is computed by reference to emoluments in service of which the last day was before 31 December 1976, for the purpose of calculation, under Part I of the Act as applied by Part III of these regulations, of the increases under section 1 of the Act and under orders made under section 2 of the Act up to and including the Pensions Increase (Annual Review) Order 1976 , the increasable rate of the pension shall be converted to sterling at the middle rate of the official exchange rate market on 30 June 1976, but for all other purposes the increasable rate shall be converted to sterling at the rate of exchange determined under paragraph (4)(b), and accordingly, in relation to that pension, in any order made under section 2 of the Act beginning with Pensions Increase (Annual Review) Order 1977 or in any order made under section 59 of the Social Security Pensions Act 1975 —
a
any reference to the basic rate is a reference to a basic rate equal to the increasable rate of the pension converted in accordance with the rate of exchange determined under paragraph (4)(b);
b
any reference to the amount of any increase under section 1 of the Act or the existing Orders is a reference to that amount calculated by reference to the increasable rate of the pension converted in accordance with the rate of exchange which applies under this paragraph for the purpose of that calculation; and
c
any statement showing the cumulative effect of increases shall not be applicable.
6
The sterling value of any overseas increase to which regulation 19(1)(a) applies initially payable in a currency other than sterling shall be calculated on the 15th day of each month of payment of supplement using —
a
the rate of exchange at which the overseas increase is paid, where that is the rate for the overseas territory to which the currency other than sterling relates —
i
specified in the Public Officers' Agreement (if any) for that territory, other than the Central African Public Officer’s Agreement 1964;
ii
provided by any provision or administrative arrangements in force in that territory; or
iii
specified in paragraph (4)(b);
b
in any other case, the middle rate on that day in the official exchange market between the other currency and sterling or, if there is no official exchange market, the prevailing exchange rate for current payments.
Application for supplement
23
1
Application for supplement shall be made to the Secretary of State.
2
An applicant for supplement may be required by the Secretary of State to produce proof that he is alive and eligible for supplement.
3
Where proof has been required under paragraph (2), no payment of supplement shall be made until such proof is furnished to the satisfaction of the Secretary of State.
Revision and recovery of supplement
24
1
Where any overseas increase taken into account in the calculation of a supplement is revised with retrospective effect, that supplement shall be revised with similar effect and any overpayment of supplement thereby identified shall be repaid to the Secretary of State.
2
Any sum repayable under paragraph (1), and any sum paid in respect of supplement which is recoverable by the Secretary of State apart from that provision, may (without prejudice to any other means of recovery) be recovered by deduction from supplement paid to the pensioner in respect of any pension.
Revocations
25
The regulations specified in Schedule 8 are revoked.
Savings and transitional provision
26
1
Where, in relation to any pension, supplement is being paid immediately before the date when these regulations come into force under the Overseas Service (Pensions Supplement) Regulations 1977 and the amount of supplement being paid is higher than the amount which would be payable at that date under these regulations —
a
that amount of supplement may continue to be paid as if it were the amount payable at that date under these regulations (but subject like that amount to revision on any relevant change of circumstances); and
b
for the purpose of the application to the pension of any order under section 59 of the Social Security Act 1975 which comes into force after these regulations come into force, the amount of the basic rate as increased by the amount of any increase under section 1 of the Act or any existing Orders in force before these regulations come into force shall be determined under Part I of the Act as applied by the Overseas Service (Pensions Supplement) Regulations 1977, where that produces a higher amount than the amount determined under Part I of the Act as applied by Part III.
2
Supplement on any payments of pension which fall due before these regulations come into force shall be calculated under the Overseas Service (Pensions Supplement) Regulations 1977, notwithstanding that supplement is only applied for or paid when these Regulations are in force.
Douglas Hurd
One of Her Majesty’s Principal Secretaries of State
31st January 1995
We approve,
Timothy Kirkhope
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
31st January 1995


type: legislation

jurisdiction: UK

text:
INTRODUCTORY
Title, commencement and interpretation
1
1
These Regulations may be cited as the Plant Variety Rights Office (Extension of Functions) Regulations 1995 and shall come into force on 1st November 1995.
2
In these Regulations —
“Community Office”means the Community Plant Variety Office established by Council Regulation ( EC ) No. 2100/94 ;
“National Office”means the Plant Variety Rights Office established by section 11 of the Plant Varieties and Seeds Act 1964.
Functions which may be entrusted to the National Office by the Community Office
2
The National Office shall have power to carry out such functions as may be entrusted to it by the Community Office in accordance with Articles 30(4) and 55(1) of Council Regulation (EC) No. 2100/94 .
Tim Boswell
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
29th September 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
22nd September 1995


text:
INTRODUCTION
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Certification of Deck and Marine Engineer Officers) (Amendment) Regulations 1995 and shall come into force on 1st August 1995.
PART I
Amendment of the Merchant Shipping (Certification of Deck Officers) Regulations 1985
2
The Merchant Shipping (Certification of Deck Officers) Regulations 1985 shall be amended as follows in regulations 3 to 12 below.
3
In regulation 2:
i
there shall be inserted after the definition of “certificate of competency” the following definition:
“certificate of equivalent competency” means a document entitled “certificate of equivalent competency” issued under regulation 4A below;
;
ii
there shall be inserted after the definition of “command endorsement” the following definition:
“equivalent foreign certificate” means a certificate, issued by an authority of a specified country outside the United Kingdom, referred to in regulation 5(1) below;
; and
iii
there shall be added to the end of the definition of “specified by the Secretary of State”, the following:
and in relation to certificates of equivalent competency means specified in Merchant Shipping Notice 1558 and any subsequent amendment to that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
4
After regulation 2 the following regulation shall be inserted:
Designated Authority
2A
1
The Secretary of State for Transport is the designated authority for the purposes of Council Directive 89/48/ EEC on a general system for the recognition of higher education diplomas awarded on the completion of professional education and training of at least three years duration in respect of the following profession:
DECK OFFICER CLASS 1 (Master Mariner)
2
The Secretary of State for Transport is the designated authority for the purposes of Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/ EC in respect of the following professions:
DECK OFFICER CLASS 2 DECK OFFICER CLASS 3 DECK OFFICER CLASS 4 DECK OFFICER CLASS 5.
5
For paragraph (2) of regulation 4 there shall be substituted the following:
2
a
Subject to sub-paragraph (b) below, for the purposes of these Regulations an officer shall be qualified if he is the holder for the time being of:
i
a certificate of competency issued under these Regulations; or
ii
a certificate which is to be treated as equivalent to such a certificate of competency by virtue of regulation 5(2) to (9) below; or
iii
an equivalent foreign certificate, and a certificate of equivalent competency,
and if also, at the material time, the certificate, or certificates, are in force in relation to the person named in it and are of a class appropriate to the officer’s capacity in the ship.
b
i
Notwithstanding sub-paragraph (a)(iii) above, before 1st August 1997 an officer who is the holder of a certificate issued prior to that date by a relevant country shall be qualified for the purpose of these Regulations, provided that at any material time prior to 1st August 1997 such certificate held by him is in force in relation to the person named in it and is of a class appropriate to the officer’s capacity in that ship.
ii
In this sub-paragraph “relevant country” means a country specified by the Secretary of State as a country whose certificates were recognised immediately prior to 1st August 1995 as having the same force as certificates under the Regulations.
.
6
There shall be inserted after regulation 4 the following regulation:
Certificates of equivalent competency
4A
Subject to regulation 6 below, the Secretary of State may authorise any person already holding an equivalent foreign certificate to serve as an officer and shall accordingly issue to such person a certificate of equivalent competency under this regulation of equivalent class and with the same endorsements as the equivalent foreign certificate.
.
7
For the heading to regulation 5 and paragraph (1) of that regulation there shall be substituted the following heading and paragraph:
Equivalent foreign certificates, and certificates equivalent to a certificate of competency
5
1
The Secretary of State may specify that the standard of competence to be attained by deck officers of any description is, in whole or in part, the standard of competence required for the issue of a certificate of competence by an authority empowered in that behalf by the laws of a specified country outside the United Kingdom.
.
8
In regulation 6:
i
in paragraph (1) “paragraphs (3) and (4)” shall be substituted for “paragraph (3)”;
ii
in paragraph (1)(a) there shall be inserted “or certificate of equivalent competency” after “certificate of competency”;
iii
in the tailpiece to paragraph (1) all the words after “Secretary of State” shall be replaced by:
either —
i
in relation to certificates of competency or certificates of equivalent competency, or either of such certificates with a command endorsement in general; or
ii
in relation to any of such certificates of a particular class as may be so specified.
;
iv
in paragraph (3) there shall be added “a certificate of equivalent competency” after “certificate of competency,”;
v
there shall be added the following paragraph —
4
a
This paragraph applies where, pursuant to regulation 5(1), the Secretary of State has recognised the standard of competence required for the issue of a certificate by an authority of some country outside the United Kingdom as being in part the standard to be obtained for deck officers qualified for the purposes of these Regulations.
b
In such cases any conditions specified by the Secretary of State for the issue of a certificate of equivalent competency shall be limited to —
i
an aptitude test for the purpose of assessing the applicant’s ability to pursue the profession of deck officer on United Kingdom ships, in the light of subjects and training and related assessment procedures, which differ substantially from those covered by the applicant’s equivalent certificate, necessary to pursue that profession; or
ii
in the case of applicants who are EEA nationals (at the applicant’s option except as provided in M Notice No. M 1558), an adaptation period, as specified by the Secretary of State.
.
9
In regulation 10:
i
in paragraph (1) there shall be inserted “, certificates of equivalent competency” after “certificates of competency”;
ii
paragraph (2) shall be renumbered as paragraph (2)(a), and a new sub-paragraph added as (b):
b
i
A certificate of equivalent competency shall remain valid only so long as the holder holds a valid equivalent foreign certificate.
ii
A certificate of equivalent competency may be issued for a limited period where the equivalent foreign certificate does not require revalidation at intervals.
;
iii
in paragraph (3) there shall be inserted “, all certificates of equivalent competency” after “certificates of competency”.
10
In regulation 11 there shall be inserted “or a certificate of equivalent competency” after “certificate of competency”.
11
In regulation 18, there shall be inserted after the first sentence the following sentence:
If either of those officers is the holder of a certificate of equivalent competency, then either his equivalent foreign certificate or his certificate of equivalent competency shall have been appropriately endorsed by the issuing authority (in the case of an equivalent foreign certificate) or the Secretary of State (in the case of a certificate of equivalent competency).
12
In regulation 19 there shall be inserted “, a certificate of equivalent competency” after “certificate of competency” in both paragraphs (1) and (2).
PART II
Amendment of the Merchant Shipping (Certification of Marine Engineer Officers and Licensing of Marine Engine Operators) Regulations 1986
13
The Merchant Shipping (Certification of Marine Engineer Officers and Licensing of Marine Engine Operators) Regulations 1986 shall be amended as follows in regulations 14 to 24 below.
14
In regulation 2(1) there shall be inserted:
i
after the definition of “certificate of competency” the following definition:
“certificate of equivalent competency” means a document entitled “certificate of equivalent competency” issued under regulation 5A below
;
ii
after the definition of “certificate of service (engineer officer)” the following definition:
“equivalent foreign certificate” means a certificate, issued by an authority of a specified country outside the United Kingdom, referred to in regulation 6(2) below;
;
iii
at the end of the definition of “specified by the Secretary of State”, the following —
and in relation to certificates of equivalent competency means specified in Merchant Shipping Notice M. 1558 and any subsequent amendment to that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice
.
15
After regulation 2 the following regulation shall be inserted:
Designated Authority
2A
1
The Secretary of State for Transport is the designated authority for the purposes of Council Directive 89/48/EEC on a general system for the recognition of higher education diplomas awarded on the completion of professional educations and training of at least three years duration in respect of the following profession:
ENGINEER OFFICER CLASS 1
2
The Secretary of State for Transport is the designated authority for the purposes of Council Directive 92/51/EEC on a second general system for the recognition of professional education and training to supplement Directive 89/48/EC in respect of the following professions:
ENGINEER OFFICER CLASS 2 ENGINEER OFFICER CLASS 3 ENGINEER OFFICER CLASS 4
.
16
Regulation 4(2) shall be replaced by the following:
2
a
Subject to paragraph (b) below, for the purposes of these Regulations an engineer officer shall be qualified if he is the holder for the time being of:
i
a certificate of competency issued under these Regulations; or
ii
a certificate which is to be treated as equivalent of such a certificate of competency by virtue of regulation 6(2) below; or
iii
an equivalent foreign certificate, and a certificate of equivalent competency;
and if also, at the material time, the certificate, or certificates, are in force in relation to the person named in it and are of a class appropriate to the engineer officer’s capacity in the ship.
b
i
Notwithstanding sub-paragraph (a)(iii) above, before 1st August 1997 an officer who is the holder of a certificate issued prior to that date by a relevant country shall be qualified for the purpose of these Regulations, provided that at any material time prior to 1st August 1997 such certificate held by him is in force in relation to the person named in it and is of a class appropriate to the officer’s capacity in that ship.
ii
In this sub-paragraph “relevant country” means a country specified by the Secretary of State as a country whose certificates were recognised immediately prior to 1st August 1995 as having the same force as certificates under the Regulations.
.
17
There shall be inserted after regulation 5 the following regulation:
Certificates of equivalent competency
5A
Subject to regulation 6 below, the Secretary of State may authorise any person already holding an equivalent foreign certificate to serve as an officer and shall accordingly issue to such person a certificate of equivalent competency under this regulation of equivalent class and with the same endorsements as the equivalent foreign certificate.
.
18
In regulation 6:
i
the heading shall be replaced by the heading “ Certificates equivalent to a certificate of competency, and equivalent foreign certificates ”;
ii
paragraph (2) shall be replaced by the following paragraph:
2
The Secretary of State may specify that the standard of competence to be attained by engineer officers of any description is, in whole or in part, the standard of competence required for the issue of a certificate of competence by an authority empowered in that behalf by the laws of a specified country outside the United Kingdom.
.
19
In regulation 7:
i
in paragraph (1) “paragraphs (2) and (3)” shall be substituted for “paragraph (2)”;
ii
there shall be inserted in paragraph (1)(a) “or certificate of equivalent competency” after “certificate of competency” where those words first appear;
iii
in the tailpiece to paragraph (1) all the words after “Secretary of State” shall be replaced by:
either —
i
in relation to certificates of competency or certificates of equivalent competency or either of such certificates, with a command endorsement in general; or
ii
in relation to any of such certificates of a particular class as may be so specified.
;
iii
in paragraph (2) there shall be added “certificate of equivalent competency” after “certificate of competency,”;
iv
there shall be added the following paragraph —
3
a
This paragraph applies where, pursuant to regulation 6(2), the Secretary of State has recognised the standard of competence required for the issue of a certificate by an authority of some country outside the United Kingdom as being in part the standard to be obtained for engineer officers qualified for the purposes of these Regulations.
b
In such cases any conditions specified by the Secretary of State for the issue of a certificate of equivalent competency shall be limited to —
i
an aptitude test for the purpose of assessing the applicant’s ability to pursue the profession of engineer officer on United Kingdom ships, in the light of subjects and training, and related assessment procedures which differ substantially from those covered by the applicant’s equivalent certificate, necessary to pursue that profession;
or,
ii
in the case of applicants who are EEA nationals (at the applicant’s option except as provided in Merchant Shipping Notice M. 1558), an adaptation period, as specified by the Secretary of State.
.
20
In regulation 9:
i
there shall be inserted “certificates of equivalent competency” after “Certificates of competency,”;
ii
paragraph (2) shall be renumbered as paragraph (2)(a), and the following sub-paragraph added as (b):
b
i
A certificate of equivalent competency shall remain valid only so long as the holder holds a valid equivalent foreign certificate.
ii
A certificate of equivalent competency may be issued for a limited period where the equivalent foreign certificate does not require revalidation at intervals.
;
iii
in paragraph (3) there shall be inserted “and certificates of equivalent competency” after “certificates of competency”.
21
In regulation 10 “a certificate of equivalent competency” shall be added after “certificate of competency”.
22
In each of sub-paragraphs (a), (b) and (c) of regulation 18(1) there shall be inserted “or certificate of equivalent competency” after “certificate of service”.
23
In regulation 20(c), there shall be inserted after the first sentence of paragraph (i), and at the end of paragraph (ii):
If either of those officers is the holder of a certificate of equivalent competency then either his equivalent foreign certificate or his certificate of equivalent competency shall have been appropriately endorsed by the issuing authority (in the case of an equivalent foreign certificate) or the Secretary of State (in the case of a certificate of equivalent competency).
24
In regulation 21 —
i
in paragraph (1), after “certificate of service” there shall be inserted “, certificate of equivalent competency”;
ii
in paragraph (2), after “certificate of service” there shall be inserted “or a certificate of equivalent competency”.
PART III
Amendment of the European Communities (Recognition of Professional Qualifications) Regulations 1991
25
The European Communities (Recognition of Professional Qualifications) Regulations 1991 are hereby amended by omitting from Part I of Schedule 1 the following entries:
(Profession) (Designated Authority)
DECK OFFICER CLASS 1 (Master Mariner) Secretary of State for Transport MARINE ENGINEERING OFFICER CLASS 1 Secretary of State for Transport
Signed by authority of Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
1st June 1995


text:
1
This Order may be cited as the Travellers' Allowances Amendment Order 1995 and shall come into force on 1st January 1996.
2
In the Schedule to the Travellers' Allowances Order 1994 , in the item entitled “Other Goods”, for the amount “£136” there shall be substituted the amount “£145”.
Leonard Harris
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
28th November 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Westmorland Hospitals National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 25th August 1995.
2
In this Order —
“the Authority” means the Morecambe Bay Health Authority;
“the Trust” means the Westmorland Hospitals National Health Service Trust;
“the trust property” means the items specified in a schedule of trust property prepared by and agreed upon by the Authority and the Trust on 14th March 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 25th August 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
27th July 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Equal Access to Membership) Amendment Regulations 1995, and shall come into force on 31st May 1995.
2
In these Regulations “the principal Regulations ” means the Occupational Pension Schemes (Equal Access to Membership) Regulations 1976 .
Revocation of regulation 4 of the principal Regulations
2
Regulation 4 of the principal Regulations (upper age limit for membership) is hereby revoked.
Insertion of regulation 5A in the principal Regulations
3
After regulation 5 of the principal Regulations there shall be inserted the following regulation —
Extension of equal access requirements
5A
Section 118 of the Act is modified by adding, after the word “member” in subsection (1), the following words —
“and on terms which do not otherwise discriminate between them, either directly or indirectly.”.
Amendment of regulation 10 of the principal Regulations
4
In regulation 10 of the principal Regulations (modification of the Equal Pay Act in relation to the equal access requirements), in paragraph (1)(b) the words “(subject to regulation 4 above)” are omitted.
Amendment of regulation 12 of the principal Regulations
5
In regulation 12 of the principal Regulations (power for a court or tribunal to declare right to admission to scheme and employer’s duty to provide additional resources) —
a
in paragraph (3), after the words “above are”, there shall be inserted the words “, subject to paragraph (4) below,”;
b
after paragraph (3), there shall be added the following paragraph —
4
Where the equal access requirements apply by virtue of regulation 5A above (extension of equal access requirements), the additional resources to be provided by the employer in accordance with paragraph (3) above are such additional resources as are necessary to secure for the employee prospective entitlement to benefit arising from past service as if he had been a member of the scheme since the deemed entry date or 31st May 1995, whichever is the later..
Amendment of regulation 13 of the principal Regulations
6
In regulation 13 of the principal Regulations (employer’s duty to provide additional resources when scheme is modified) —
a
in paragraph (3), after the words “above are”, there shall be inserted the words “, subject to paragraph (4) below,”;
b
after paragraph (3), there shall be added the following paragraph —
4
Where the equal access requirements apply by virtue of regulation 5A above (extension of equal access requirements), the additional resources to be provided by the employer in accordance with paragraph (3) above are such additional resources as are necessary to secure for the employee prospective entitlement to benefit arising from past service as if he had been a member of the scheme since the date determined in accordance with that paragraph or 31st May 1995, whichever is the later..
Signed by authority of the Secretary of State for Social Security.
James Arbuthnot
Parliamentary Under-Secretary of State,
Department of Social Security
3rd May 1995


text:
Citation and interpretation
1
1
This Order may be cited as the Jobseekers Act 1995 (Commencement No. 1) Order 1995.
2
In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Jobseekers Act 1995.
Appointed days
2
The day appointed for the coming into force of —
a
sections 9(13) (meaning of employment officer), 19(10)(a) (meaning of employment officer), 35 (interpretation), 36 (regulations and orders) and 37 (parliamentary control) is 12th December 1995;
b
the provisions specified in the Schedule to this Order for the purpose only of authorising the making of regulations is 12th December 1995;
c
sections 27 and 34(3) and (7) (employment of long-term unemployed: deductions by employers) —
i
for the purpose only of authorising the making of regulations, is 12th December 1995; and
ii
for all other purposes is 6th April 1996;
d
section 28 (expedited claims for housing benefit and council tax benefit and the exchange of information) —
i
for the purpose only of authorising the making of regulations, is 12th December 1995; and
ii
for all other purposes is 1st April 1996;
e
section 29 (pilot schemes) is 1st January 1996;
f
section 30 (grants for resettlement places) and the repeals in Schedule 3 relating to section 30 of and Schedule 5 to the Supplementary Benefits Act 1976 and section 41(5) in so far as it relates to them, is 1st April 1996;
g
sections 33 (inspection), 34 (offences), 38(1)(b) and (5) (financial arrangements) and Schedule 2, paragraph 41 (questions for adjudication by the Secretary of State) and section 41(5) in so far as it relates to it, is 6th April 1996.
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
11th December 1995


text:
1
This Order may be cited as the Value Added Tax (Special Provisions) (Amendment) Order 1995 and shall come into force on the day that the Finance Bill 1995 is passed.
2
The Value Added Tax (Special Provisions) Order 1992 shall be amended in accordance with articles 3 and 4 below.
3
In article 8(2)(d) the words “(whether by virtue of article 9 below or otherwise)” shall be omitted.
4
Article 9 shall be omitted.
Tim Wood
Timothy Kirkhope
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 1995


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Animals (Post-Import Control) Order 1995 and shall come into force on 9th October 1995.
2
In this Order, “authorised inspector” means a veterinary inspector appointed as such by the appropriate Minister.
3
In this Order, any reference to an instrument of the European Community is a reference to that instrument as amended at the time this Order comes into force.
4
In this Order, where there is a requirement to notify the Minister, such notice shall be given in writing to the person authorised by the Minister to receive notification for the area in which the animal to which the notice relates is situated at the time the requirement to notify arises.
Treatment of imported cattle for warble fly
2
1
Any person importing cattle into Great Britain other than for immediate slaughter shall —
a
ensure that they are treated at the place of destination with a warble fly preparation authorised to be placed on the market in Great Britain within 24 hours of the arrival of the cattle at the place of destination, and
b
within 5 working days of their treatment for warble fly, notify the Minister that the animals have been treated as required.
2
This article shall not apply in the case of an importation from Northern Ireland.
3
In this article “place of destination” means the address on the health certification accompanying the animals if they are delivered to that address, or, if they are delivered to a different address, without prejudice to regulation 7(2) of the Animals and Animal Products (Import and Export) Regulations 1995 , the first place of delivery of the animals.
Importation of pigs from areas not free from Aujeszky’s disease
3
1
In accordance with Article 2, 3 or 4 of Commission Decision 93/24/ EEC (concerning additional guarantees relating to Aujeszky’s disease for pigs destined to member States or Regions free of the disease ) any person importing pigs intended for production or slaughter into Great Britain from any place other than those specified in paragraph (2) below shall —
a
take them directly from the point of entry into Great Britain to the premises of destination named in the accompanying health certificate;
b
not allow them to come into contact with pigs which are not part of the same consignment; and
c
ensure that the vehicle is thoroughly cleansed and disinfected before it leaves the premises of destination.
2
Paragraph (1) above shall not apply in the case of the importation of pigs from any of the territories specified in Schedule 1 to this Order.
3
In the case of pigs imported for production, the occupier of the premises of destination shall ensure that, after the arrival of the imported pigs, no pigs are removed from the premises unless directly to a slaughterhouse for immediate slaughter and then only under the authority of, and in accordance with the conditions of, a licence issued by an authorised inspector; and this provision shall remain in force until the premises have been completely de-stocked of pigs and thoroughly cleansed and disinfected.
4
The operator of a slaughterhouse slaughtering pigs to which this article applies shall keep records (which he shall make available on request to an authorised inspector) of —
a
the date of slaughter of the pigs;
b
the number of pigs slaughtered;
c
their identification numbers or marks; and
d
their place of origin.
Importation of cattle from Canada
4
1
Any person importing cattle into Great Britain from Canada under the provisions of Commission Decision 83/494/EEC (concerning animal health conditions and veterinary certification for the importation of domestic animals of the bovine and porcine species from Canada ), other than cattle originating from Canadian Health Accredited Herds which maintain their health status during transportation, shall transport the cattle directly from the point of arrival into Great Britain to isolation premises complying with the conditions in Schedule 2 to this Order.
2
Any person importing into Great Britain from Canada bulls (other than for direct entry to semen collection centres) or non-pregnant females, originating in both instances from herds in which not all bovines over 24 months of age have been tested negative for enzootic bovine leukosis within the twelve months prior to the date of export, shall ensure that —
a
the animals are at least 18 months of age at the time of import;
b
in the case of females, the animals are not pregnant at the time of import; and
c
the animals are kept in isolation for six months following import at isolation premises complying with the conditions in Schedule 2 to this Order.
3
Any person importing into Great Britain from Canada bulls —
a
which are intended for direct entry to a semen collection centre; and
b
which come from herds in which not all bovines over 24 months of age have been tested negative for enzootic bovine leukosis within the 12 months prior to the date of export,
shall ensure that the animals are kept in isolation for 9 months following import at isolation premises complying with the conditions in Schedule 2 to this Order.
4
Any person importing cattle into Great Britain in accordance with paragraph (1) above other than those subject to paragraph (2) or (3) above shall ensure that the animals are kept in isolation for four months following import at isolation premises complying with the conditions in Schedule 2 to this Order.
Importation of cattle for meat production in specified circumstances
5
1
Any person importing cattle for meat production into Great Britain in any of the circumstances specified in a provision listed in Schedule 3 to this Order shall ensure that they do not come into contact with non-imported cattle either during transportation or after arrival at the premises of destination specified in the accompanying health certification.
2
The occupier of the premises of destination shall ensure that the imported cattle are not removed from the premises unless directly to a slaughterhouse for immediate slaughter or to a slaughter market and then only under the authority of, and in accordance with the conditions of, a licence issued by an authorised inspector.
Importation of cattle for slaughter in specified circumstances
6
Any person importing cattle for slaughter into Great Britain in any of the circumstances specified in a provision listed in Schedule 3 to this Order shall transport them directly from the point of arrival in Great Britain to the slaughterhouse named in the health certification accompanying the animals, and shall ensure that they are slaughtered within 72 hours of arrival.
Importation of sheep and goats
7
1
Any person importing sheep or goats into Great Britain other than for immediate slaughter shall allow them to be tested by an authorised officer of the Minister for contagious agalactia on arrival in Great Britain and shall detain them until their release is authorised by an authorised inspector.
2
This article shall not apply in the case of an importation from Northern Ireland or the Republic of Ireland.
Notices
8
1
If any person on whom a duty is placed under this Order fails to comply with such duty, an inspector may, by notice in writing served on him, require him to comply with that obligation, and, if the person fails to comply with it, may take such action as may be necessary to ensure compliance with the notice at the expense of the person on whom the notice was served.
2
A notice under this article may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time.
Enforcement
9
Except where otherwise expressly provided, this Order shall be enforced by the local authority.
Revocation and saving
10
1
The Animals (Post-Import Control) Order 1993 is hereby revoked.
2
Any notice issued under the Animals (Post-Import Control) Order 1993 shall continue to have effect as if made under the equivalent provision under this Order.
Tony Baldry
Minister of StateMinistry of Agriculture, Fisheries and Food
11th September 1995
Lindsay
Parliamentary Under Secretary of State Scottish Office
12th September 1995
Signed by authority of the Secretary of State for Wales
Gwilym Jones
Parliamentary Under Secretary of State, Welsh Office
14th September 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in History) (England) Order 1995 and shall come into force on 1st August 1995.
2
In this Order “the Document” means the Document published by Her Majesty’s Stationery Office in January 1995 entitled “History in the National Curriculum (England)” .
3
This Order applies to pupils at maintained schools and grant-maintained special schools (other than those established in a hospital) in England only.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in History) (England) Order 1991 is revoked.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to history.
4
The examples printed in italics in the Document (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.
Gillian Shephard
Secretary of State for Education
10th January 1995


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Homoeopathic Medicinal Products for Human Use) Amendment Regulations 1995 and shall come into force on 1st April 1995.
2
In these Regulations, “the principal Regulations ” means the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 .
Amendment of regulation 5 of the principal Regulations
2
For paragraph (4) of regulation 5 (determination of application for certificate) there shall be substituted —
4
The licensing authority shall consult the Board before refusing to grant a certificate of registration on the ground set out in paragraph (2)(d) above, or, except in the case of a product to which paragraph (3) above applies, on the ground set out in paragraph (2)(c) above.
.
Amendment of regulation 14 of the principal Regulations
3
In regulation 14 of the principal Regulations (fees for variations of certificates), for “£90” there shall be substitued “£85”.
Amendment of Schedule 2 to the principal Regulations
4
In Schedule 2 to the principal Regulations (fees for applications for the grant of certificates) —
a
in paragraph 1, for “£500” there shall be substituted “£475”; and
b
in paragraph 2, for “£350” there shall be substituted “£335”.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State,
Department of Health
3rd March 1995


text:
Commencement and citation
1
This Order may be cited as the A13 Trunk Road (Barking and Dagenham) Red Route Experimental Traffic Order 1995, and shall come into force on 2nd October 1995.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column 2 of the table in schedule 1;
f
“vehicle” includes part of a vehicle; and
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Coaches: The controls specified in article 3(1) do not apply in respect of a person causing a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver) or a local bus (as defined in article 8(4)) not so constructed or adapted, to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to which this article applies to stop at a bus stop (being an area of road bounded by a traffic sign which includes the words “bus stop”) for so long only as may be required to enable passengers to get on or off the vehicle or, in the case of a vehicle being used to provide a local service, for so long only as may be required for a change of crew.
2
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used to provide a local service to stop at a bus stand (being an area of road bounded by a traffic sign which includes the words “bus stand”) for so long as may be required for timetabling reasons.
3
This article applies —
a
before 1 January 1997 to
i
a public service vehicle used for the provision of a local service or a scheduled express service,
ii
a school bus, and
iii
a works bus; and
b
after 31 December 1996 to
i
a motor vehicle constructed or adapted to carry more than 8 passengers (exclusive of the driver), and
ii
a local bus not so constructed or adapted.
4
In this article “local bus”, “local service”, “scheduled express service”, “school bus” and “works bus” have the meanings given to those expressions in regulation 4 of the Traffic Signs Regulations and General Directions 1994 .
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relvant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specifed in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
10
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
11
1
Subject to paragraph (2) of this article, The Barking (Waiting and Loading Restriction) Order 1995, The Barking and Dagenham (Restriction of Waiting on Bus Stops) No. 2 Traffic Order 1980 and The Barking and Dagenham (Waiting and Loading Restriction (Amendment No. 15) Order 1984 are hereby suspended, in so far as its provisions relate to any part of the trunk road red route.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision contained in The Barking (Waiting and Loading Restriction) Order 1995, The Barking and Dagenham (Restriction of Waiting on Bus Stops) No. 2 Traffic Order 1980 and The Barking and Dagenham (Waiting and Loading Restriction (Amendment No. 15) Order 1984 are only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
4th July 1995


text:
1
These Regulations may be cited as the Income Tax (Building Societies) (Dividends and Interest) (Amendment) Regulations 1995 and shall come into force on 3rd May 1995.
2
In the Income Tax (Building Societies) (Dividends and Interest) Regulations 1990 , in regulation 4(1), after sub-paragraph (s) there shall be added —
t
an amount which is deemed under section 730A(2) of the Taxes Act (treatment of price differential on sale and repurchase of securities) to be a payment of interest.
.
S. C. T. Matheson
C. W. Corlett
Two of the Commissioners of Inland Revenue
2nd May 1995


text:
Title and commencement
1
This Order may be cited as the Kingdom of Fife Tourist Board Scheme Order 1995 and shall come into force on 31st August 1995.
Interpretation
2
In this Order —
“ the scheme ”means the Kingdom of Fife Tourist Board Scheme 1995;
“ the Board ”means the Kingdom of Fife Tourist Board;
“existing Board”means any area tourist organisation which is to be wound up and dissolved in accordance with paragraph 11(2) of the scheme; and
“local government area”shall be construed in accordance with section 1(2) of the Local Government etc. (Scotland) Act 1994.
The Scheme
3
1
Subject to paragraph (2), the scheme set out in the Schedule to this Order shall have effect, as from 1st April 1996, for the establishment of the Board for the local government area of Fife.
2
The scheme shall have effect from the date of coming into force of this Order in relation to —
a
the constitution of the Board;
b
the carrying out by the Board of any functions necessary to bring the scheme into operation on 1st April 1996; and
c
the winding up of an existing Board.
George Kynoch
Parliamentary Under Secretary of State, Scottish Office
St Andrew’s House,
Edinburgh
12th July 1995


text:
1
This Order may be cited as the St. Paul’s Road and Corsica Street (Islington) Temporary Prohibition of Traffic Order 1995, and shall come into force on 17th October 1995.
2
This Order is made because the Traffic Director for London is satisfied that traffic on the roads, or lengths of road, mentioned in the schedule to this Order should be prohibited because works are being or are proposed to be executed on or near those roads or lengths of road.
3
During the period starting at 00.00 hours on 17th October 1995 for a period of three months or when those works have been completed, whichever is the sooner, no person shall cause or permit any vehicle to enter or proceed in the lengths of road specified in paragraphs 1 and 2 of the schedule to this Order.
4
1
The prohibitions specified in article 3 above shall apply only during such times and to such extent as shall from time to time be indicated by traffic signs specified by regulations or authorised under section 64 of the Road Traffic Regulation Act 1984.
2
The prohibitions specified in article 3 above shall not apply in respect of —
i
any vehicle being used for the purpose of those works, or for fire brigade, ambulance or police purpose, or
ii
anything done with the permission or at the direction of a police constable in uniform or a traffic warden, or
iii
a vehicle being used to gain access to, or egress from, any premises adjacent to any of the roads or lengths of road mentioned in the schedule to this order.
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
16th October 1995


text:
1
This Order may be cited as the Value Added Tax (Construction of Buildings) Order 1995 and shall come into force on the 1st March 1995.
2
For Group 5 of Schedule 8 to the Value Added Tax Act 1994 there shall be substituted —
GROUP 5 — CONSTRUCTION OF BUILDINGS, ETC.
Item No.
1
The first grant by a person —
a
constructing a building —
i
designed as a dwelling or number of dwellings; or
ii
intended for use solely for a relevant residential or a relevant charitable purpose; or
b
converting a non-residential building or a non-residential part of a building into a building designed as a dwelling or number of dwellings or a building intended for use solely for a relevant residential purpose,
of a major interest in, or in any part of, the building, dwelling or its site.
2
The supply in the course of the construction of —
a
a building designed as a dwelling or number of dwellings or intended for use solely for a relevant residential purpose or a relevant charitable purpose; or
b
any civil engineering work necessary for the development of a permanent park for residential caravans,
of any services related to the construction other than the services of an architect, surveyor or any person acting as a consultant or in a supervisory capacity.
3
The supply to a registered housing association in the course of conversion of a non-residential building or a non-residential part of a building into —
a
a building or part of a building designed as a dwelling or number of dwellings; or
b
a building or part of a building intended for use solely for a relevant residential purpose,
of any services related to the conversion other than the services of an architect, surveyor or any person acting as a consultant or in a supervisory capacity.
4
The supply of building materials to a person to whom the supplier is supplying services within item 2 or 3 of this Group which include the incorporation of the materials into the building (or its site) in question.
Notes:
1
“Grant” includes an assignment or surrender.
2
A building is designed as a dwelling or a number of dwellings where in relation to each dwelling the following conditions are satisfied —
a
the dwelling consists of self-contained living accommodation;
b
there is no provision for direct internal access from the dwelling to any other dwelling or part of a dwelling;
c
the separate use, or disposal of the dwelling is not prohibited by the term of any covenant, statutory planning consent or similar provision; and
d
statutory planning consent has been granted in respect of that dwelling and its construction or conversion has been carried out in accordance with that consent.
3
The construction of, or conversion of a non-residential building to, a building designed as a dwelling or a number of dwellings includes the construction of, or conversion of a non-residential building to, a garage provided that —
a
the dwelling and the garage are constructed or converted at the same time; and
b
the garage is intended to be occupied with the dwelling or one of the dwellings.
4
Use for a relevant residential purpose means use as —
a
a home or other institution providing residential accommodation for children;
b
a home or other institution providing residential accommodation with personal care for persons in need of personal care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder;
c
a hospice;
d
residential accommodation for students or school pupils;
e
residential accommodation for members of any of the armed forces;
f
a monastery, nunnery or similar establishment; or
g
an institution which is the sole or main residence of at least 90 per cent. of its residents,
except use as a hospital, prison or similar institution or an hotel, inn or similar establishment.
5
Where a number of buildings are —
a
constructed at the same time and on the same site; and
b
are intended to be used together as a unit solely for a relevant residential purpose;
then each of those buildings, to the extent that they would not be so regarded but for this Note, are to be treated as intended for use solely for a relevant residential purpose.
6
Use for a relevant charitable purpose means use by a charity in either or both the following ways, namely —
a
otherwise than in the course or furtherance of a business;
b
as a village hall or similarly in providing social or recreational facilities for a local community.
7
Subject to Note (9) below “non-residential” in relation to a building or part of a building, means —
a
neither designed nor adapted for use as a dwelling or number of dwellings nor for a relevant residential purpose, or
b
if so designed or adapted, was constructed before, and has not been used as a dwelling or number of dwellings or for a relevant residential purpose since, 1st April 1973.
8
References to a non-residential building or a non-residential part of a building do not include a reference to a garage occupied together with a dwelling.
9
The conversion, other than to a building designed for a relevant residential purpose, of a non-residential part of a building which already contains a residential part is not included within items 1(b) or 3 unless the result of that conversion is to create an additional dwelling or dwellings.
10
Where —
a
part of a building that is constructed is designed as a dwelling or number of dwellings or is intended for use solely for a relevant residential purpose or relevant charitable purpose (and part is not); or
b
part of a building that is converted is designed as a dwelling or number of dwellings or is used solely for a relevant residential purpose (and part is not) —
then in the case of —
i
a grant or other supply relating only to the part so designed or intended for that use (or its site) shall be treated as relating to a building so designed or intended for such use;
ii
a grant or other supply relating only to the part neither so designed nor intended for such use (or its site) shall not be so treated; and
iii
any other grant or other supply relating to, or to any part of, the building (or its site), an apportionment shall be made to determine the extent to which it is to be so treated.
11
Where, a service falling within the description in items 2 or 3 is supplied in part in relation to the construction or conversion of a building and in part for other purposes, an apportionment may be made to determine the extent to which the supply is to be treated as falling within items 2 or 3.
12
Where all or part of a building is intended for use solely for a relevant residential purpose or a relevant charitable purpose —
a
a supply relating to the building (or any part of it) shall not be taken for the purposes of items 2 and 4 as relating to a building intended for such use unless it is made to a person who intends to use the building (or part) for such a purpose; and
b
a grant or other supply relating to the building (or any part of it) shall not be taken as relating to a building intended for such use unless before it is made the person to whom it is made has given to the person making it a certificate in such form as may be specified in a notice published by the Commissioners stating that the grant or other supply (or a specified part of it) so relates.
13
The grant of an interest in, or in any part of —
a
a building designed as a dwelling or number of dwellings; or
b
the site of such a building,
is not within item 1 if —
i
the interest granted is such that the grantee is not entitled to reside in the building or part, throughout the year; or
ii
residence there throughout the year, or the use of the building or part as the grantee’s principal private residence, is prevented by the terms of a covenant, statutory planning consent or similar permission.
14
Where the major interest referred to in item 1 is a tenancy or lease —
a
if a premium is payable, the grant falls within that item only to the extent that it is made for consideration in the form of the premium; and
b
if a premium is not payable, the grant falls within that item only to the extent that it is made for consideration in the form of the first payment of rent due under the tenancy or lease.
15
The reference in item 2(b) of this Group to the construction of a civil engineering work does not include a reference to the conversion, reconstruction, alteration or enlargement of a work.
16
For the purpose of this Group, the construction of a building does not include —
a
the conversion, reconstruction or alteration of an existing building; or
b
any enlargement of, or extension to, an existing building except to the extent the enlargement or extension creates an additional dwelling or dwellings; or
c
subject to Note (17) below, the construction of an annexe to an existing building.
17
Note 16(c) above shall not apply where an annexe is intended for use solely for a relevant charitable purpose and —
a
is capable of functioning independently from the existing building; and
b
the only access or where there is more than one means of access, the main access to:
i
the annexe is not via the existing building; and
ii
the existing building is not via the annexe.
18
A building only ceases to be an existing building when:
a
demolished completely to ground level; or
b
the part remaining above ground level consists of no more than a single facade or where a corner site, a double facade, the retention of which is a condition or requirement of statutory planning consent or similar permission.
19
A caravan is not a residential caravan if residence in it throughout the year is prevented by the terms of a covenant, statutory planning consent or similar permission.
20
Item 2 and Item 3 do not include the supply of services described in paragraph 1(1) or 5(4) of Schedule 4.
21
In Item 3 “registered housing association” means a registered housing association within the meaning of the Housing Association Act 1985 or Part II of the Housing (Northern Ireland) Order 1992 .
22
“Building materials”, in relation to any description of building, means goods of a description ordinarily incorporated by builders in a building of that description, (or its site), but does not include —
a
finished or prefabricated furniture, other than furniture designed to be fitted in kitchens;
b
materials for the construction of fitted furniture, other than kitchen furniture;
c
electrical or gas appliances, unless the appliance is an appliance which is —
i
designed to heat space or water (or both) or to provide ventilation, air cooling, air purification, or dust extraction; or
ii
intended for use in a building designed as a number of dwellings and is a door-entry system, a waste disposal unit or a machine for compacting waste; or
iii
a burglar alarm, a fire alarm, or fire safety equipment or designed solely for the purpose of enabling aid to be summoned in an emergency; or
iv
a lift or hoist;
d
carpets or carpeting material.
23
For the purposes of Note (22) above the incorporation of goods in a building includes their installation as fittings.
24
Section 30(3) does not apply to goods forming part of a description of supply in this Group.
.
Tim Wood
Derek Conway
Two of the Lords Commissionersof Her Majesty’s Treasury
8th February 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leicestershire Mental Health Service National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 7th July 1995.
2
In this Order —
“the Authority” means the Leicestershire Health Authority;
“the Trust” means the Leicestershire Mental Health Service 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 11th January 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 7th July 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
8th June 1995


text:
Citation and commencement
1
This Order may be cited as the Alness Salmon Fishery District Designation Order 1995 and shall come into force on 22nd September 1995.
Designation of area of district
2
1
The area described in Schedule 1 to this Order is designated as the salmon fishery district to be known as the Alness Salmon Fishery District.
2
The existing Alness Salmon Fishery District, being superseded by the district designated by this Order, is abolished.
Application of regulations
3
The regulations specified in Schedule 2 to this Order shall apply to the district designated by article 2 above.
Annual close time
4
The annual close time for the district designated by this Order shall be the period from 27th August to 10th February, both dates inclusive, in each year and the period within that time when it is permitted to fish for and take salmon by rod and line shall be the period from 27th August to 31st October, both dates inclusive, in each year.
D R Dickson
Assistant Secretary, Scottish Office
Chesser House West,
Edinburgh
18th August 1995