text:
Citation commencement and interpretation
1
These Regulations may be cited as the Local Government Changes for England (Property Transfer and Transitional Payments) (Amendment) Regulations 1995 and shall come into force on 23rd November 1995.
Amendment of Regulations
2
1
The Local Government Changes for England (Property Transfer and Transitional Payments) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
after the definition of “the Act”, insert —
“the 1947 Act ” means the Fire Services Act 1947
;
ii
in the definition of “successor authority”, for “an authority” (in both places where those words occur) substitute “a principal council”; and
b
in paragraph (2)(b), for “the authority” substitute “the principal council”.
3
In regulation 3 (application and interpretation of Part) —
a
in paragraph (1), after sub-paragraph (a) insert —
aa
any property which is held by a fire authority solely in connection with the provision of fire services and any rights or liabilities held or incurred by such an authority in respect of —
i
any contract of employment with a person who is a member of, or employed wholly or mainly for the purposes of, the fire brigade maintained by such an authority in pursuance of the 1947 Act;
ii
the Firemen’s Pension Scheme as set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 ; or
iii
any contract for the provision of services or the delivery of goods solely in connection with the provision of fire services;
; and
b
in paragraph (2) —
i
after the definition of “charitable purposes” insert —
“combination scheme” means a combination scheme made under the 1947 Act,
“combined fire authority” means an authority which for the time being is constituted a fire authority by a combination scheme;
; and
ii
after the definition of “contract” insert —
“fire authority” has the same meaning as in the 1947 Act;
.
4
In regulation 4 (information for facilitating implementation), after paragraph (6) add —
7
Paragraphs (2)(b), (3)(b) and (4) above shall have effect in relation to a combined fire authority constituted before the reorganisation date, with respect to an area which is, at the date the authority is constituted, the whole or part of the area of a fire authority which is an abolished authority or the relinquishing authority in relation to a transferred area as if —
a
the references to a successor authority or, as the case may be, the acquiring authority in relation to that area included a reference to the combined fire authority;
b
the references to property were references to property held or used by the abolished authority or the relinquishing authority concerned partly for the purposes of the provision of fire services and partly for other purposes; and
c
the references to rights or liabilities were omitted.
.
5
In regulation 5 (agreements for the transfer of property etc. ) —
a
in paragraph (1) —
i
after “regulation” insert “or regulation 5A”;
ii
in sub-paragraph (a), for “investments of an authority” substitute
property of an authority consisting of cash or investments
; and
iii
in sub-paragraph (c), delete “such investments or”; and
b
after that paragraph, insert —
1A
Where a section 17 order includes provision modifying the 1947 Act for the purposes of the making, before the reorganisation date, of a combination scheme with respect to an area which is, at the date the order is made, the whole or part of the area of a fire authority which is an abolished authority or the relinquishing authority in relation to a transferred area, nothing in this regulation shall apply to any property held or used by such an authority partly for the purposes of the provision of fire services and partly for other purposes.
.
6
After regulation 5, insert —
Agreements for the transfer of property etc. of fire authorities
5A
1
Where a section 17 order includes such provision as is mentioned in regulation 5(1A) and a combined fire authority is constituted, before the reorganisation date, with respect to an area which is, at the date the order is made, the whole or part of the area of a fire authority which is an abolished authority or the relinquishing authority in relation to a transferred area, the relevant authorities in relation to such a fire authority shall, during the relevant period, use their best endeavours to make agreements which identify —
a
any property of the fire authority concerned to which paragraph (2) below applies; and
b
in the case of any such property which is land, such, if any, of it as will not be required by any of them for the purposes of, or in connection with, the exercise of functions on and after the reorganisation date (“surplus land”).
2
This paragraph applies to any property held or used partly for the purposes of the provision of fire services and partly for other purposes.
3
Where an agreement under paragraph (1) above identifies any property of a fire authority which is an abolished authority —
a
in the case of surplus land, the relevant authorities in relation to that authority shall, during the relevant period, use their best endeavours to make agreements which —
i
specify one of the successor authorities for the purposes of regulation 5B(1); and
ii
provide for the distribution among all of the successor authorities of receipts from its disposal in accordance with regulation 10; and
b
in any other case, the relevant authorities shall, during the relevant period, use their best endeavours to make agreements which specify one of the relevant authorities for the purposes of regulation 5B(1).
4
Where an agreement under paragraph (1) above identifies any property (other than surplus land) of a fire authority which is the relinquishing authority in relation to a transferred area, the relevant authorities shall, during the relevant period, use their best endeavours to make agreements which —
a
specify one of the relevant authorities (other than the relinquishing authority) for the purposes of regulation 5B(1); or
b
provide for its retention by the relinquishing authority.
5
Where the relevant authorities in relation to a fire authority which is the relinquishing authority in relation to a transferred area are unable to make an agreement under paragraph (4) above in respect of any property to which paragraph (2) above applies, any of those authorities may, before the reorganisation date, serve on the other such authorities a notice specifying that property for the purposes of paragraph (5) of regulation 5B.
6
Any agreement under this regulation shall be in writing and be sealed, before the end of the relevant period, by all the relevant authorities concerned.
7
In this regulation and regulation 5B —
“the relevant authorities”, in relation to a fire authority, means —
where that authority is an abolished authority, any successor authority in relation to that authority and the combined fire authority concerned; or
where the fire authority is the relinquishing authority in relation to a transferred area, that authority, any authority which is the acquiring authority in relation to a transferred area which is part of the area with respect to which the combination scheme in question is made and the combined fire authority concerned; and
“the relevant period” means the period beginning with the date on which the combined fire authority concerned is constituted and ending with the date immediately before the reorganisation date.
Vesting of property of fire authorities
5B
1
Where an agreement under paragraph (3) or (4) of regulation 5A provides for the transfer of any property of a fire authority to a relevant authority, the property shall, on the reorganisation date, vest in that authority.
2
Paragraph (1) above shall not apply to vest any surplus land, or any associated property in relation to that land, where an agreement under paragraph (3) of regulation 5A does not include the provision mentioned in sub-paragraph (a)(ii) of that paragraph.
3
Where any land of a fire authority which is an abolished authority vests in a relevant authority by virtue of paragraph (1) above and any associated property in relation to the land does not vest in that authority or another relevant authority by virtue of that paragraph, the associated property shall, on the reorganisation date, vest in the relevant authority in which the land is vested.
4
Any of the relevant authorities in relation to a fire authority which is the relinquishing authority in relation to a transferred area may, during the period of six months beginning with the reorganisation date, serve on the other such authorities a notice specifying, for the purposes of paragraph (5) below, any property to which regulation 5A(2) applies which was not identified before that date.
5
During the period of six months beginning with the reorganisation date, the relevant authorities in relation to a fire authority which is the relinquishing authority in relation to a transferred area shall make agreements under this paragraph providing for the transfer to a relevant authority (other than the relinquishing authority), or the retention by that authority, of any property which has been specified for the purposes of this paragraph in a notice under regulation 5A(5) or paragraph (4) above.
6
Where an agreement under paragraph (5) above provides for the transfer to a relevant authority of any property mentioned in that paragraph, the property shall, on such date as shall be specified in the agreement for the purposes of this paragraph, vest in that relevant authority.
.
7
In regulation 6 (vesting of property etc. of abolished authorities) —
a
in paragraph (5)(b), after “such property” insert “or in respect of any such property as is mentioned in regulation 5B(2)”; and
b
in paragraph (9)(a), for “paragraph (4), (6) or (8) above” substitute “one of the foregoing provisions of this Part”.
8
In regulation 7 (vesting of residual rights and liabilities of abolished authorities) —
a
in paragraph (2) —
i
in sub-paragraph (a), for “paragraph (4) of regulation 6” substitute “one of the foregoing provisions of this Part”;
ii
in sub-paragraph (b), for “vested by virtue of that paragraph” substitute “so vested”; and
iii
in sub-paragraph (c), for the words from “vested in a” to “that paragraph” substitute “so vested”;
b
after paragraph (4) insert —
4A
Where any property of the abolished authority vests in a successor authority by virtue of any of the foregoing provisions of this Part and any rights or liabilities exclusively in respect of such property are not vested by virtue of any such provision, the rights or liabilities shall, on the reorganisation date, vest in the successor authority in which the property is vested.
4B
Any rights or liabilities of the abolished authority —
a
which arise in relation to anything which, by virtue of regulation 4 of the Local Government Changes for England Regulations 1994, has effect as if done, by or in relation to a successor authority or two or more successor authorities; and
b
which are not vested by any of the foregoing provisions of this Part,
shall, on the reorganisation date, vest in that successor authority or, as the case may be, those successor authorities jointly and severally.
; and
c
in paragraph (5) for the words from “regulation 6” to “this regulation” substitute “one of the foregoing provisions of this Part”.
9
In regulation 8 (vesting of property etc. of relinquishing authorities) —
a
after paragraph (3) insert —
3A
The relinquishing authority in relation to a transferred area or the acquiring authority in relation to that area may, during the period of six months beginning with the reorganisation date, serve on the other a notice specifying, for the purposes of paragraph (4) below, any property, rights or liabilities mentioned in regulation 5(5)(a) which were not identified before that date.
; and
b
in paragraph (4), after “regulation 5(7)” insert “or paragraph (3A) above”.
10
In regulation 10 (disposal of surplus land), in paragraph (7), in the definition of “surplus land”, after “regulation 5” add “or paragraph (1)(b) of regulation 5A”.
11
In regulation 13 (interpretation of Part and general provision) —
a
in paragraph (1), in the definitions of “designated authority” and “participant authority”, delete “which are principal councils”;
b
in paragraph (2), for “Schedule 1” substitute “the Schedule to these Regulations (“the Schedule”)”; and
c
in paragraph (3), for “Schedule 1” substitute “the Schedule”.
12
In regulations 14 (initial calculations), 15 (further calculations), 16 (calculations following determination of differences) and 17 (payments by or to the designated authority) for “Schedule 1” (wherever that expression occurs) substitute “the Schedule”.
13
In regulation 19 (disputes) —
a
in paragraph (1) —
i
after “these Regulations” insert “or any provision of a section 17 order which relates to the vesting of any property, rights or liabilities”; and
ii
in sub-paragraph (i), after “regulation” insert “5B(5) or”;
b
in paragraph (2) —
i
after “Regulations” (where it first occurs) insert “or a section 17 order”; and
ii
in sub-paragraph (a) delete “of these Regulations”;
c
in paragraph (3), after “liabilities” insert “and may, in respect of any property which is land, identify the land as surplus land for the purposes of regulation 10”; and
d
in paragraph (4), in sub-paragraph (b), for “a provision of these Regulations” substitute “the provision in question”.
14
In regulation 21 (designated authorities: recovery of expenditure and distribution of surpluses), in paragraph (2), after “equal to” insert “the designated authority’s estimate of” and for “by the designated authority” substitute “or to be received by that authority”.
15
In the Schedule (transitional payments), in paragraph 3 —
a
in sub-paragraph (b)(i) of items F, GA and GB for “the acquiring authority”, wherever that expression occurs, substitute “any other authority”; and
b
in item H, delete “in relation to all participant authorities” and, after “above” insert
in relation to —
in a case where the designated authority is a successor authority in relation to an abolished authority, all participant authorities; and
in a case where the designated authority is the relinquishing authority in relation to a transferred area, the participant authority and any other principal council which is the acquiring authority in relation to a transferred area which, immediately before the reorganisation date, was comprised in the area of the relinquishing authority
.
Signed by authority of the Secretary of State for the Environment
David Curry
Minister of State,
Department of the Environment
25th October 1995


type: legislation

jurisdiction: UK

text:
Title, extent and commencement
1
These Regulations may be cited as the Sheep Annual Premium (Amendment) Regulations 1995, shall extend to Great Britain and shall come into force on 15th November 1995.
Amendments to the Sheep Annual Premium Regulations 1992
2
1
The Sheep Annual Premium Regulations 1992 shall be amended in accordance with the following paragraphs of this regulation.
2
In the definition of “the Commission Regulation” in paragraph (1) of regulation 2 (interpretation) insert at the end “as last amended by Commission Regulation ( EC ) No. 1648/95 ”.
3
The following paragraph shall be substituted for paragraph (2) of regulation 3 (application for a premium) —
2
A producer who applies for a premium in respect of a given marketing year shall deliver his application to the competent authority —
a
on or after 4th December in the preceding marketing year; but
b
not later than 4th February in that marketing year.
.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
23rd October 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
24th October 1995


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Third Amendment) Regulations 1995 and shall come into force on 1st October 1995.
2
The Civil Aviation (Route Charges for Navigation Services) Regulations 1994 shall be amended as follows:
a
For Schedule 2 thereof there shall be substituted —
SCHEDULE 2
SPECIFIED AIRSPACES
Regulations 3(1), 6(1) and 7
(1) (2) (3) (4) Country Publication in which FIRS are described Unit Rate in ECUs Established at a Rate of Exchange of
*
Excluding Shanwick FIR
Austria AIP Austria 67.12 1 ECU = 13.4948 Sch Belgium AIP Belgique 72.78 1 ECU = 39.5323 BF Cyprus AIP Cyprus 24.63 1 ECU = 0.585537 £Cy Denmark AIP Denmark 55.10 1 ECU = 7.53595 Kr France AIP France (France Metropolitaine) 66.17 1 ECU = 6.57349 FF Germany AIP Germany 79.84 1 ECU = 1.91818 DM Greece AIP Greece 17.21 1 ECU = 289.751 Dra Hungary AIP Hungary 18.87 1 ECU = 122.810 Hf IrelandRepublic of AIP Ireland 27.95 1 ECU = 0.800096 £Ir Malta AIP Malta 37.21 1 ECU = 0.455484 Lm Netherlands AIP Netherlands 50.66 1 ECU = 2.15151 G Norway AIP Norway 41.02 1 ECU = 8.38725 KR Portugal AIP Portugal 40.21Santa MariaFIRS — 14.28 1 ECU = 197.036 Esc Slovenia AIP Slovenia 69.18 1 ECU = 152.185 SIT Spain AIP Espana Madrid & Barcelona FIRS − 47.13 Canaries FIRS − 50.23 1 ECU = 158.232 Pts Switzerland AIP Switzerland 83.63 1 ECU = 1.61858 SF Turkey AIP Turkey 33.55 1 ECU = 37876.5 LT United Kingdom Air Pilot 76.68 1 ECU = ££0.790531
b
For Schedule 3 thereof there shall be substituted —
SCHEDULE 3
Regulation 7
(1) (2) (3) Aerodromes of departure (or of first destination) situated Aerodromes of first destination (or of departure) Amount of the charge in ECUs
ZONE I — between W01400 and W11000 and North of N5500 with the exception of Iceland Copenhagen 446.73 Frankfurt 1178.73 London 751.33 Paris 1014.39 Prestwick 393.37 ZONE II — between W04000 and W11000 and N2800 and N5500 Abidjan 184.93 Amman 1703.18 Amsterdam 872.14 Athens 1187.22 Banjul 179.21 Barcelona 758.86 Basle 938.99 Belfast 179.10 Berlin 1008.89 Birmingham 430.04 Bordeaux 544.37 Bristol 434.22 Brussels 858.42 Bucharest 1623.16 Budapest 1422.81 Cairo 1170.26 Cardiff 311.37 Casablanca 397.71 Cologne-Bonn 998.78 Copenhagen 647.02 Dakar 179.07 Dublin 146.87 Düsseldorf 1024.17 East Midlands 473.54 Frankfurt 1111.60 Geneva 938.71 Glasgow 257.47 Hamburg 1014.03 Helsinki 448.93 Istanbul 1680.15 Jeddah 1178.35 Johannesburg 179.50 Kiev 949.32 Lagos 180.07 Las Palmas(Canary Islands) 539.92 Leeds and Bradford 423.70 Lille 670.13 Lisbon 434.74 London 515.68 Luxembourg 880.75 Lyons 813.49 Maastricht 815.39 Madrid 569.06 Malaga 666.34 Manchester 391.57 Manston 582.12 Marseille 956.92 Milan 1044.63 Monrovia 179.21 Moscow 416.69 Münich 1312.39 Nantes 477.43 Naples 1049.02 Newcastle 405.96 Nice 1043.27 Oporto 309.87 Oslo 409.77 Ostend 650.66 Paris 748.45 Ponta Delgada (Azores) 185.93 Prague 1323.17 Prestwick 257.47 Riyadh 1546.65 Rome 1179.22 Sal Island (Cape Verde) 179.07 Santa Maria (Azores) 198.92 Santiago 263.23 Shannon 106.21 Sofia 1504.66 Stockholm 341.40 Stuttgart 1049.87 Tel-Aviv 1524.90 Tenerife 498.71 Timisoara 1623.16 Toulouse-Blagnac 696.09 Turin 1041.93 Vienna 1520.33 Warsaw 827.32 Zürich 1095.93 ZONE III — West of W11000 and between N2800 and N5500 Amsterdam 842.89 Copenhagen 500.28 Düsseldorf 939.71 Frankfurt 1144.92 Geneva 1197.53 Glasgow 351.19 London 707.94 Luxembourg 1046.14 Madrid 428.17 Manchester 558.73 Milan 1027.24 Münich 1407.48 — West of W11000 and between N2800 and N5500 Paris 844.13 Prestwick 351.19 Rome 1027.24 Shannon 101.18 Zürich 1272.50 ZONE IV — West of W04000 and between N2000 and N2800 (including Mexico) Amsterdam 891.16 Barcelona 910.98 Berlin 933.03 Brussels 774.04 Cologne − Bonn 945.35 Düsseldorf 999.96 Frankfurt 1044.24 Hamburg 939.00 Helsinki 443.94 Las Palmas (Canary Islands) 634.20 Lisbon 508.57 London 622.27 Madrid 628.93 Manchester 381.19 Milan 966.80 Münich 1204.99 Paris 710.96 Prague 1196.13 Rome 1126.11 Sal Island (Cape Verde) 116.95 Santa Maria (Azores) 200.06 Santiago 486.88 Shannon 207.79 Vienna 1399.81 Zürich 1028.01 ZONE V — West of W04000 and between the Equator and N2000 Amsterdam 1097.68 Barcelona 944.22 Bordeaux 785.02 Brussels 888.50 Cologne-Bonn 1122.67 Düsseldorf 1080.05 Frankfurt 1157.88 Glasgow 410.08 Hamburg 1067.79 Helsinki 855.22 Las Palmas (Canary Islands) 648.15 Lisbon 603.34 London 870.22 Lyons 1048.37 Madrid 766.73 Manchester 602.96 Marseilles 1191.68 Milan 1161.26 Münich 1266.59 Nantes 755.23 Oporto 586.82 Paris 902.83 Porto Santo (Madeira) 388.51 Prestwick 446.89 Rome 1305.55 Santa Maria (Azores) 261.75 Santiago 590.89 Shannon 328.64 Tenerife 643.13 Toulouse-Blagnac 1015.45 Vienna 1285.79 Zürich 1247.78
Signed by authority of the Secretary of State for Transport
Goschen
Parliamentary Under Secretary of State,
Department of Transport
6th September 1995


text:
Citation and commencement
1
This Order may be cited as the A501 Trunk Road (Euston Road and Osnaburgh Street, Camden and Westminster) Red Route (Prescribed Route and Prohibited Turn No.1) Experimental Traffic Order 1995, and shall come into force on 18th December 1995.
Interpretation
2
In this Order —
a
causing includes permitting, and cause shall be construed accordingly;
b
a reference to an article followed by a number is a reference to the article of this order so numbered;
c
“the Osnaburgh Street island” means the triangular island site situated at or adjacent to the junction of Euston Road and Osnaburgh Street in the City of Westminster and the London Borough of Camden.
Prescribed Routes and Prohibitive Turns
3
Subject to the provisions of article 4 below, every person causing any vehicle to proceed in Osnaburgh Street, in the London Borough of Camden —
a
on the east side of the Osnaburgh Street island, shall cause that vehicle on reaching the junction with Euston Road to turn left into Euston Road; and
b
on the west side of the Osnaburgh Street island shall cause that vehicle on reaching the junction with Euston Road, to proceed ahead into the carriageway which lies immediately to the east of Great Portland Street, London Transport Station and forms part of the north-east to south-west arms of Euston Road and Great Portland Street.
Exemptions
4
Nothing in Article 3 of this Order shall apply —
a
to anything done with the permission or at the direction of a police constable in uniform or a traffic warden; or
b
to a vehicle being used for fire brigade, ambulance or police purposes.
Power to modify or suspend this Order
5
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 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.
T3 33.7.22810 TRO 103
Signed in accordance with a direction from the Secretary of State for Transport.
Derek Turner
Traffic Director for London
1 December 1995


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Kent and Sussex Weald National Health Service Trust (Transfer of Trust Property) Order 1995 and shall come into force on 9th January 1996.
2
In this Order —
“the Authority” means the West Kent Health Authority;
“the Trust” means the Kent and Sussex Weald 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 October 1995, which schedule has been signed on behalf of both the Authority and the Trust.
Transfer of trust property
2
On 9th January 1996 the trust property shall be transferred from the Authority to the Trust.
Signed by authority of the Secretary of State for Health
John Horam
Parliamentary Under Secretary of State,
Department of Health
14th December 1995


text:
Citation and commencement
1
This Order may be cited as the Local Government Act 1988 (Defined Activities) (Exemption) (Stockton-on-Tees Borough Council) Order 1995 and shall come into force on 12th December 1995.
Exemption
2
The collection of refuse by the Stockton-on-Tees Borough Council shall not be treated as a defined activity so long as it is carried out in their area between 12th December 1995 and 31st March 1997.
Signed by authority of the Secretary of State
Paul Beresford
Parliamentary Under-Secretary of State,
Department of the Environment
13th November 1995


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Trafford Park Railway Order 1995 and shall come into force on 12th September 1995.
Interpretation
2
In this Order, unless the context otherwise requires —
“authorised works” means the works authorised by this Order;
“the deposited plans” means the plans prepared in connection with the application for this Order, marked by the Department of Transport as being the plans of this Order;
“the new highway” means the Ashburton Road roundabout (Village Circle) proposed to be constructed by the Trafford Park Development Corporation as shown on Drawing Number 9602/300/003 in the deposited plans;
“the new level crossings” means the following three new public level crossings where the new highway will cross the new railway;
Village Circle (Westbound slip to Trafford Park Road) at the reference points 379743.967 East and 396813.742 North;
Village Circle (Eastbound) at the reference points 379768.923 East and 396803.891 North;
Village Circle (Westbound) at the references points 379835.311 East and 396704.289 North;
“the new railway” means 650 metres of railway and works being or to be constructed between Trafford Park Road (Village Circle) and Westinghouse Road (Europa Circle) and the associated engine turning facility at Trafford Park Road on the South Western side of its junction with Westbrook Road, Trafford Park, Greater Manchester as shown on the deposited plans;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) or a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“street” includes part of a street;
“street authority”, in relation to a street, means the Trafford Metropolitan Borough Council;
“the undertaker” means the Trafford Park Company, a statutory company constituted under the Trafford Park Act 1904 , whose principal office is at Neil House, Twining Road, Ashburton, Trafford Park, Manchester M17 1AT;
“the undertaker’s railway” means the various lengths of railway authorised by the West Manchester Light Railways Orders 1899 to 1906 (made under the Light Railways Act 1896) and the Trafford Park Act 1904 and the Trafford Park Act 1922 and operated for the carriage of goods forming the Trafford Park railway network shown on the deposited plans.
Incorporation of Railways Clauses Consolidation Act
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order —
section 77 (presumption that minerals excepted from acquisition of land);
section 105 (carriage of dangerous goods on railways);
section 145 (recovery of penalties); and
section 154 (transient offenders).
2
In those provisions, as incorporated in this Order —
“the company” means the undertaker;
“goods” includes any thing conveyed on the railway authorised to be operated by this Order;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“railway”, in relation to any such provision, means the new railway authorised to be operated by this Order;
“the special Act ” means this Order;
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any goods conveyed on the new railway authorised to be operated by this Order.
PART II
WORKS PROVISIONS
Streets
Permanent stopping up of streets
4
1
Subject to the provisions of this article, the undertaker may permanently stop up the part of the street specified in columns (1) and (2) of Schedule 1 to this Order to the extent specified, by reference to the letters and numbers shown on the deposited plans, in column (3) of that Schedule.
2
The street specified in columns (1) and (2) of Schedule 1 to this Order (being a street to be stopped up for which no substitute is to be provided) shall not be wholly or partly stopped up under this article unless the condition specified in paragraph (3) below is satisfied in relation to all the relevant land; and for this purpose “relevant land” means any land which abuts on either side of the street to be stopped up.
3
The condition referred to in paragraph (2) above is that:
a
the undertaker is in possession of the land, or
b
there is no right of access to the land from the street concerned, or
c
there is reasonably convenient access to the land otherwise than from the street concerned, or
d
the owners and occupiers of the land have agreed to the stopping-up.
Agreement with the street authority
5
1
The street authority and the undertaker may enter into agreements with respect to the stopping up of a street under the powers conferred by this Order.
2
Such an agreement may, without prejudice to the generality of paragraph (1) above:
a
delegate to the street authority any function under this Order which relates to the street in question, and
b
contain such terms as to payment and otherwise as the parties consider appropriate.
PART III
MISCELLANEOUS AND GENERAL
Power to operate, use and maintain the new railway
6
The undertaker may operate, use and maintain the new railway and other authorised works as part of the undertaker’s railway for the carriage of goods.
Maintenance of approved works etc.
7
1
Where pursuant to the Railways and other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 approval has been obtained from the Secretary of State with respect to any works, plant or equipment (including vehicles) forming part of the railway authorised to be operated by this Order, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the railway so authorised.
2
If without reasonable cause the provisions of paragraph (1) above are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Secretary of State or the Director of Public Prosecutions.
Service of notices
8
1
A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
2
Where the person on whom a notice or other document is to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body,
b
in any other case, his last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
9
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Arbitration
10
Any difference under any provision of this Order shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President for the time being of the Institution of Civil Engineers.
Provision of level crossings over new highway
11
1
In this article and in Schedule 2 below:
“the highway authority” means Trafford Metropolitan Borough Council;
“protective equipment” includes lights, traffic signs (within the meaning of section 64(1) of the Road Traffic Regulation Act 1984 ), manual, mechanical, automatic, electrical or telephonic equipment or other devices.
2
The highway authority and the undertaker may enter into agreements with respect to the construction and maintenance of the new level crossings; and such an agreement may contain such terms as to payment or otherwise as the parties consider appropriate.
3
a
The undertaker shall provide, maintain and operate at or near each of the new level crossings the protective equipment specified in Part I of Schedule 2 to this Order or such additional or substituted protective equipment as the Secretary of State may in writing approve.
b
The undertaker shall observe and comply with the requirements as to the operation of the new level crossings specified in Part II of that Schedule or such additional or substituted reqirements as the Secretary of State may in writing approve.
4
Nothing contained in or incorporated with this Order shall require the provision of any building or keeper at any of the new level crossings.
Provision for abandonment of redundant railway
12
1
In this article —
“the redundant railway” means those parts of the undertaker’s railway which extend
along Trafford Park Road, Trafford Park from a point B for 1580 metres westwards to a point A, and
along the central reservation of Westinghouse Road, Trafford Park from a point D westwards for 670 metres to a point 100 metres east of point C,
all of which points and dimensions are more particularly shown on the deposited plans.
2
At the date when the new railway and the new level crossings have become capable in all respects of being used as part of the undertaker’s railway and any necessary approval of the kind referred to in article 7(1) has been obtained the redundant railway shall be abandoned and the undertaker shall be released from any obligation (statutory or otherwise) to maintain or operate the redundant railway.
3
Any obligations (whether statutory or otherwise) of the undertaker to provide or maintain works, services or facilities in connection with the redundant railway shall be abrogated upon the abandonment of the redundant railway.
4
Nothing in this article shall prejudice the operation of any statutory provision for the protection of the apparatus of North West Water Limited.
Signed by authority of the Secretary of State for Transport
R. A. Allan
An Under Secretary,
Department of Transport
6th September 1995


text:
PART I
General
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Assisted Places) Regulations 1995 and shall come into force on 25th August 1995.
2
These Regulations shall apply in relation to a school year beginning on or after the date mentioned in paragraph (1).
Interpretation
2
1
In these Regulations, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say
“assisted pupil” means a child selected or put forward for selection for an assisted place;
“child” includes a step-child, a child adopted in pursuance of adoption proceedings and a person who is over compulsory school age;
“employment” includes the holding of any office and any occupation for gain (including self-employment in any trade, profession or vocation) and “employed” shall be construed accordingly;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA national” means a person who is a national of a State of which is a Contracting Party to the EEA Agreement (including the United Kingdom);
“European Economic Area” means the area comprised by the States which are Contracting Parties to the EEA Agreement;
“fees” means
tuition and other fees the payment of which is a condition of attendance at a school but excludes sums to be paid into a bursary or similar fund, boarding fees and such other fees, if any, as may be excluded by the participation agreement, and
entrance fees for public examinations paid by a school in respect of candidates from the school;
“financial year” and “preceding financial year” have the meanings assigned thereto by regulation 10;
“first assisted year” has the meaning assigned thereto by regulation 3(5);
“income”, “relevant income” and “total income” have the meanings assigned thereto by regulation 11;
“refugee” means a person who:
is recognised by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the protocol thereto which entered into force on 4th October 1967 , or
has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom, and has been granted leave to enter or remain accordingly;
“relevant date” means 1st January in the calendar year in which an assisted pupil’s first assisted year begins;
“remission questions” has the meaning assigned thereto by regulation 9;
“school” means a participating school within the meaning of section 17(2) of the Education Act 1980 and references to a school include references to the proprietors thereof and persons acting with the proprietors' authority.
2
Subject to regulation 24(2) and to paragraphs (3) and (4) and except where the context otherwise requires, any reference in these Regulations to the parents of a child or assisted pupil is a reference to:
a
the child’s father and mother where
i
they live together as husband and wife (whether or not they are married to each other), and
ii
the child normally resides with both of them in the same household; or
b
where sub-paragraph (a) above does not apply, the parent, being either the father or mother of the child, with whom the child normally resides and the spouse (if any) of that parent where the spouse normally resides with that parent and the child in the same household; or
c
where neither sub-paragraph (a) nor (b) above applies, the child’s guardian appointed in accordance with section 5 of the Children Act 1989 (or any earlier enactment) and the spouse (if any) of that guardian where the spouse normally resides with that guardian and the child in the same household; or
d
where none of sub-paragraphs (a), (b) and (c) above applies, the person with whom the child resides in accordance with either:
i
a subsisting residence order made under section 8 of the Children Act 1989; or
ii
any subsisting court order (other than a residence order) which specifies who is to have actual custody or care and control of the child,
and the spouse (if any) of that person where the spouse normally resides with that person and the child in the same household; or
e
where none of sub-paragraphs (a) to (d) above applies and where the child is not looked after by a local authority for the purposes of section 22(1) of the Children Act 1989, the person with whom the child normally resides in accordance with any informal care or fostering arrangement, and that person’s spouse (if any) where the spouse normally resides with that person and the child in the same household.
3
Where a child or assisted pupil
a
either has no parents as defined in paragraph (2) or the school is satisfied that no such parents can be found, and
b
is either looked after by a local authority or provided with accommodation within the meaning of section 105(1) of the Children Act 1989,
he shall be treated as a child whose parents have no income for the purposes of these Regulations, and any reference to his parents shall be construed as a reference to the authority or organisation which looks after him or provides him with accommodation.
4
Where a child has been adopted pursuant to an order of a court of competent jurisdiction, references in paragraph (2)(a) and (b) to “father” and “mother” shall be construed as references to the adoptive parents of the child and not his natural parents.
5
Except where the context otherwise requires, any reference in these Regulations to
a
a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
PART II
Eligibility for assisted places
General
3
1
A school may select a child for an assisted place if, and only if, the school is satisfied that all the conditions mentioned in this Part are, so far as relevant, fulfilled in his case.
2
Nothing in this regulation shall prevent a child from being provisionally selected for an assisted place subject to the condition that the child will not be finally selected for that place until it is ascertained that all such conditions are fulfilled.
3
If a school shall ascertain that any relevant condition specified in this Part is not satisfied in respect of a child provisionally selected for an assisted place, the school shall withdraw that assisted place forthwith, and the parents shall be liable to repay any remission of fees provisionally allowed by the school.
4
It shall be a condition that parents seeking an assisted place for their child at a school shall have applied for an assisted place by the time and in the manner and form specified by the Secretary of State pursuant to regulation 16.
5
In this Part “first assisted year” means the school year in which the child would take up an assisted place if selected therefor.
Conditions as to residence
4
1
Subject to paragraphs (3) and (4), it shall be a condition that the child shall —
a
have been ordinarily resident in the British Islands throughout the period of two years preceding the relevant date, or
b
be an EEA national —
i
who has been ordinarily resident in the European Economic Area throughout the period of two years preceding the relevant date, and
ii
to whom paragraph (2) applies, or
c
be a refugee or the child of a refugee who has not been ordinarily resident outside the British Islands since he or, as the case may be, his parent, was recognised as a refugee or granted leave to enter or remain in the British Islands as a refugee.
2
The child referred to in paragraph (1)(b) is one who is, or whose parents are, entitled to equality of treatment as regards selection for an assisted place by virtue of Article 7(2) or (3) or Article 12 of Council Regulation ( EEC ) No. 1612/68 on Freedom of Movement for Workers within the European Community , as extended by the EEA Agreement.
3
A child shall be treated for the purposes of paragraph (1)(a) and (b) as having been ordinarily resident in the British Islands or in the European Economic Area if the school is satisfied that he would have been so resident but for the fact that his parent is or was temporarily employed outside the British Islands or the European Economic Area during any part of the period mentioned in those sub-paragraphs.
4
For the purposes of paragraph (1)(b), a child who is resident in a State which became a Contracting Party to the EEA Agreement on a date later than the beginning of the two year period mentioned in that sub-paragraph, shall be treated as having been ordinarily resident in the European Economic Area for that period if he has been so resident in the said state or elsewhere in the European Economic Area throughout the period of two years preceding the relevant date.
Conditions as to age
5
1
It shall be a condition that the child —
a
either shall have attained the age of 11 years by the beginning of his first assisted year or in the case of a child who, if selected for an assisted place, would be provided with education with pupils the generality of whom would have attained that age by that date, shall be of such age that he will have attained the age of 11 years before 1st September next following the beginning of his first assisted year, and
b
subject to paragraph (2), shall be of such age that he will, on 1st September in the calendar year in which his first assisted year begins, be of an age specified in the participation agreement as a normal age of entry to the school to which it is intended that the child should be admitted, or will attain that age before 1st September next following the beginning of his first assisted year.
2
Paragraph (1)(b) shall not apply in the case of a child selected for education in the sixth form of a school in accordance with regulation 6 or in the case of a child who, if selected for an assisted place, will be provided with education in the same class as assisted pupils who were admitted to the school in an earlier school year.
Conditions as to selection at sixth form level
6
A child shall be eligible for selection for an assisted place in the sixth form of a school, that is to say in a form where he would be provided with education appropriate to pupils taking advanced level examinations for the General Certificate of Education or other comparable examinations, if —
a
the participation agreement expressly provides for the selection of pupils who will be provided with education in the sixth form of the school and the child satisfies any relevant conditions specified in that agreement, or
b
the child is already attending the school when being considered for an assisted place and, if selected, would be provided with education in the sixth form of the school along with assisted pupils of a similar age who were admitted in an earlier school year.
Conditions as to income
7
1
It shall be a condition that the parents of the child, when applying to the school for an assisted place, shall have furnished the school with —
a
a declaration of relevant income for the preceding financial year or, if they have not the necessary information:
i
a declaration of estimated relevant income for that year; and
ii
a declaration of relevant income for the financial year before that year; and
b
such other information as may be specified for the purposes hereof by the Secretary of State.
2
A school shall not select for an assisted place —
a
a child whose fees for his first assisted year would not fall to be remitted in whole or in part pursuant to Part III; or
b
a child the whole of whose fees for his first assisted year are required to be paid pursuant to an order of a court or a separation agreement.
Academic conditions
8
1
A school shall not select a child for an assisted place unless the school are satisfied that he is likely to benefit from the education provided at the school.
2
The selection of children for assisted places at a school shall, subject to paragraph (1) and any relevant provisions in the participation agreement, be made by the school in accordance with such methods and procedures as appear appropriate to the school.
PART III
Remission of Fees
References to remission questions
9
For the purposes of these Regulations “remission questions” means questions as to whether or not the parents of an assisted pupil are entitled to any remission of fees payable by the parents to the school in respect of that pupil, and the extent of such remission.
References to financial years
10
1
Subject to paragraph (2), in these Regulations “financial year” means, a year ending on 5th April and, in relation to a particular school year, “preceding financial year” means the financial year preceding that school year and “current financial year” means the financial year which includes the first day of that school year.
2
Where the parents of a pupil satisfy the school that their income is wholly or mainly derived from the profits of a trade, profession or vocation carried on by either or both of them, then if the parents and the school so agree, any reference in this Part to a financial year shall be construed as a reference to a year ending on such date as appears to the school expedient having regard to the accounts kept in respect of that trade, profession or vocation and the periods covered thereby (“the Parents' Accounting Year”):
Provided that where the Parents' Accounting Year ends with a date after 5th April but before the beginning of a school year, then in relation to that school year, “preceding financial year” shall mean the latest Parents' Accounting Year ending before 6th April in the calendar year in which the school year begins and “current financial year” shall mean the parents' Accounting Year which includes the first day of the school year.
References to income
11
1
For the purposes of these Regulations, the income of any person for a financial year shall be taken to be his total income for that year; and, subject to the provisions of Schedule 1, in this paragraph and that Schedule “total income” has the same meaning as in section 1(2)(b) of the Income and Corporation Taxes Act 1988
2
For the purposes of these Regulations “relevant income” as regards an assisted pupil means, in relation to any financial year, the income of the assisted pupil’s parents aggregated with the unearned income of —
i
the assisted pupil himself, and
ii
any children (apart from the assisted pupil) of the parents who are wholly or mainly dependent on one or both of them at the time the relevant income is calculated
less, where paragraph (3) or(5) applies, the sum there mentioned.
In this paragraph the reference to unearned income is a reference to income other than such as arises from gainful employment.
3
Subject to paragraph (5), the relevant income, calculated as aforesaid, shall be reduced by £1,165 in respect of each person other than the assisted pupil who —
a
at the time the relevant income is calculated, is wholly or mainly dependent on one or both of the parents or on payments made to him or for his benefit as mentioned in paragraph (4), and
b
is a child or other relative of one or both of the parents, and
c
normally resides in the same household as the parents and the assisted pupil.
4
The payments referred to in paragraph (3)(a) are payments made by one or both of the parents, including sums paid as mentioned in paragraph 3(2)(f) of Schedule 1 but excluding any other payments which fall to be deducted in ascertaining total income for the purpose of these Regulations.
5
Where a child (other than the assisted pupil) who is wholly or mainly dependent on one or both of the parents or on payments made to him or for his benefit by one or both of them, is the holder of an award of a kind described in paragraph (6) and there has been deducted, in calculating the amount of that award, a sum exceeding £1,165 in respect of the parental contribution which is assumed to be available as part of the resources of that child, that higher sum shall be deducted from the relevant income in lieu of the £1,165 prescribed in respect of that child by paragraph (3).
6
An award referred to in paragraph (5) is —
a
a mandatory award paid by a local education authority in England or Wales pursuant to regulations from time to time in force under section 1 of the Education Act 1962 providing for the payments of awards to students attending specified courses of further or higher education ; or
b
an allowance granted by the Secretary of State for Scotland pursuant to regulations from time to time in force or having effect under sections 73 and 74 of the Education (Scotland) Act 1980 providing for the payment of allowances to students ; or
c
an award made by
i
an education and library board in Northern Ireland pursuant to article 50 of the Education and Libraries (Northern Ireland) Order 1986 and regulations from time to time in force thereunder , being an award for the purposes of enabling or encouraging the holder to take advantage of educational facilities specified in or designated under such regulations; or
ii
an education and library board in Northern Ireland pursuant to article 51 of the said Order and regulations from time to time in force thereunder being an award in respect of attendance at a course for the training of teachers.
7
In this Regulation any reference to the parents of an assisted pupil is a reference to the persons who are his parents (as defined in regulation 2(2)) at the time that the relevant income is calculated.
General provisions relating to remission
12
1
The parents of an assisted pupil shall not be entitled to any remission of fees for which they are liable in respect of a period before the pupil took up his assisted place or (in lieu of notice or otherwise) after he has left the school or, if he so remains at the school, after the end of the school year in which he attains the age of 20 years.
2
The parents of an assisted pupil shall not be entitled to any remission of fees which are required to be paid in pursuance of an order of a court or a separation agreement.
3
If the parents of an assisted pupil do not
a
duly apply to the school for remission of fees payable for a particular school year, or
b
subject to regulation 14(4), duly furnish the school with the information and supporting evidence requisite for determining remission questions,
they shall not be entitled to any remission of fees for that year.
4
If the Secretary of State is satisfied that, in the case of a particular assisted pupil, his parents have knowingly or recklessly furnished information required for determining remission questions which is false in a material particular, subject to paragraph (5), she may direct that those parents shall not be entitled to any remission of fees in the case of that pupil and, if she so directs, in the case of any other of their children who are assisted pupils, as respects a specified school year and, if she so directs, any subsequent school year.
5
The Secretary of State shall not give a direction pursuant to paragraph (4) without —
i
affording the parents concerned an opportunity to make representations, and
ii
considering any such representations.
6
The Secretary of State may vary or revoke a direction made pursuant to paragraph (4).
7
This regulation shall have effect notwithstanding anything in regulation 13 or any other provision of these Regulations.
Determination of remission questions
13
1
Subject to paragraph (2), in the case of each assisted pupil, remission questions shall be determined by the school, in accordance with this Part, for each school year, whether or not the parents have been entitled to any remission of fees as respects a previous school year.
2
Where —
a
a child holds an assisted place at the school for part only of the school year, or
b
the parents have two or more children who are assisted pupils but the number of those children holding assisted places differs for different parts of the school year,
the school shall determine remission questions for that part, or separately for those parts, and the extent to which fees payable in respect of the part (or parts) of the school year are to be remitted shall be that proportion of the amount by which the fees for the whole school year would fall to be remitted, which is the proportion which the fees for the part (or parts) bear to the fees for the whole school year.
Calculation of remission
14
1
Subject to paragraphs (2), (3) and (4), remission questions shall be determined by reference to relevant income in the preceding financial year.
2
Where one of the pupil’s parents has died after remission questions have been determined and the school is satisfied that the income of the surviving parent in the current financial year, when aggregated with that of the deceased parent, is likely to be less than their aggregated income in the preceding financial year, remission questions shall be redetermined by reference to the current financial year; and in such a case, paragraph (1) shall have effect as if the reference therein to the preceding financial year were a reference to the current financial year and the reference to the pupils' parents in paragraph (2) of regulation 11 included a reference to the deceased parent (notwithstanding paragraph (7) of that regulation).
3
If, in a case not falling within paragraph (2), —
a
the school are satisfied that the relevant income in the current financial year is, as a result of some event beyond the control of the pupils' parents, likely to be not more than 85 per cent of the relevant income in the preceding financial year, or
b
i
the school, though not satisfied as aforesaid, are satisfied that the relevant income in the current financial year is likely to be so much less than the relevant income in the preceding financial year that financial hardship would result from remission questions being determined by reference to that year; and
ii
the Secretary of State agrees that this paragraph should operate in respect of the assisted pupil concerned,
remission questions shall be determined as regards the school year in question and, unless and until the Secretary of State otherwise directs, any subsequent school year, by reference to the current financial year and, in such a case, paragraph (1) shall have effect as if the reference therein to the preceding financial year were a reference to the current financial year.
4
Where it is not reasonably practicable for the parents to furnish, before the beginning of a school year, the requisite information as to relevant income for the appropriate financial year then, in relation to that school year, the school may determine remission questions provisionally, having regard to relevant income for earlier financial years, in such manner as the school thinks fit but —
a
no such provisional determination shall be more favourable to the parents than a determination computed by reference to an estimate furnished by the parents of relevant income for the appropriate financial year;
b
a provisional determination shall cease to have effect when the parents have furnished the requisite information for the appropriate financial year or the school are satisfied that it has become reasonably practicable for them to furnish it but they have not done so, and
c
within three months of the final determination of the remission questions any over-remission or under-remission of fees shall be adjusted by payments between the parents and the school.
5
For the purposes of paragraph (4) the expression “appropriate financial year” means the preceding financial year except where paragraph (2) or (3) applies in which case it means the current financial year.
Scales of remission
15
Fees shall be remitted in accordance with the provisions of Schedule 2.
PART IV
Administrative Arrangements
Time limits, forms etc.
16
The Secretary of State may specify for the purposes of these Regulations
a
the time by which, and the manner and form in which, applications, declarations of relevant income or estimated income and other information requisite for the purposes of these Regulations are to be made or furnished to a school by the parents of an assisted pupil, or by parents applying for an assisted place, and the documentary or other evidence to be provided in support thereof;
b
the time by which, and the manner and form in which, a school are to notify the parents of an assisted pupil as to whether they are entitled to any remission of fees for a particular school year and, if so, the extent of remission.
Reimbursement claims
17
1
A school may submit to the Secretary of State a claim for the reimbursement of fees remitted in pursuance of these Regulations or regulations revoked by regulation 24(1) (“a reimbursement claim”) in respect of such periods, not being less than a term, as appear to the school to be appropriate and, with the consent of the Secretary of State, a school may submit a claim on the basis of an estimate of fees so remitted (“a provisional claim”); but, where a provisional claim is submitted, the school shall, as soon as is reasonably practicable, submit a reimbursement claim in respect of the period in question which is not based on such an estimate and that claim shall supersede the provisional claim.
2
As soon as is reasonably practicable after she is satisfied that a reimbursement claim is in order, the Secretary of State shall reimburse the school in respect of the claim, although she may, where she considers it expedient to do so, make earlier payments on account of that claim or in respect of a provisional claim relating to the same period.
3
Any over-payment or under-payment by way of reimbursement which appears to the Secretary of State to have occurred shall be adjusted as soon as is reasonably practicable by payments between the Secretary of State and the school concerned.
4
Subject to the preceding provisions of this regulation, a reimbursement claim shall be made at such times, in such manner and form and be supported by such declarations and other information, as the Secretary of State may require.
PART V
Miscellaneous Requirements
Publication of information
18
1
Each school shall publish —
a
particulars of the assisted places scheme;
b
for each school year the number of assisted places likely to be offered in that year, information concerning the procedure for the making of applications for assisted places, and details of the arrangements for selection, admission and fee remission;
c
the information as to the public examinations for which pupils at the school are entered and as to the results obtained by such pupils which the school would be required to publish pursuant to section 8(5) of the Education Act 1980 and regulations from time to time in force thereunder if it were a school maintained by a local education authority; and
d
such other information as may be specified for the purposes of this regulation by the Secretary of State.
2
Subject to any directions given by the Secretary of State for the purposes of this regulation, either generally or in the case of a particular school, anything required to be published under paragraph (1) shall be published in such manner, and at such time or times, as appears to the school appropriate for the purpose of bringing the matter to the attention of parents likely to be interested therein.
Proportion of pupils from publicly maintained schools
19
1
Subject to paragraph (4), in selecting pupils to take up assisted places in any school year, a school shall ensure that at least 60 per cent of the total number of assisted pupils at the school in that school year will be pupils from publicly maintained schools.
2
For the purposes of paragraph (1), a pupil is from a publicly maintained school if, at the time of his selection (or consideration for selection) for a place (whether assisted or not) at the participating school, he is attending a publicly maintained school as defined in paragraph (3) and has attended a publicly maintained school for a continuous period including at least the whole of the previous school year, provided that a child who has so attended a school of the type maintained in paragraph (3)(e) is not to be regarded as a pupil from a publicly maintained school if fees were payable in respect of his attendance there.
3
A “publicly maintained school” for the purposes of paragraph (2) means —
a
a school maintained by a local education authority,
b
a grant-maintained, or a grant-maintained special, school,
c
a school under the management of an education authority in Scotland,
d
a self-governing school in Scotland within the meaning of the Self-Governing Schools etc. (Scotland) Act 1989 ,
e
a grant-aided school in Northern Ireland within the meaning of the Education and Libraries (Northern Ireland) Order 1986 , or
f
a school maintained by the Secretary of State for Defence.
4
On application made by a school, the Secretary of State may modify or dispense with the requirement in paragraph (1) as respects a year specified by her but she may attach such conditions as she thinks fit to any such modification or dispensation.
Fees, etc., payable
20
1
In the case of an assisted pupil the school shall not make it a condition of his attendance that any payment otherwise than in respect of fees be made to the school, or into a fund (including a bursary or similar fund) specified by the school.
2
The fees for assisted pupils for any school year (other than entrance fees for public examinations) shall be payable in respect of each term and, subject to any increase in fees in the course of the school year, the fees payable in respect of each term shall be a third of those payable for the whole of that year.
3
This regulation shall have effect subject to any provisions relating to fees in the participation agreement.
Increase in fees
21
A school shall not increase the fees for an assisted pupil unless the school have given the Secretary of State at least one month’s written notice of their intention so to do and, if within fourteen days of receiving such notice the Secretary of State so directs, a school shall refrain from making the increase or shall postpone or restrict the amount of the increase as she may then or subsequently require.
Returns, etc., required by the Secretary of State
22
A school shall furnish the Secretary of State with such periodic returns and information as she may require relating to the school or assisted pupils attending there including, in particular, information relevant to an intended increase in fees for assisted pupils.
School accounts
23
1
The accounts of a school shall
a
if the Secretary of State so requires, be kept in a form specified by her;
b
be audited by an independent person who is eligible under section 25 of the Companies Act 1989 for appointment as a company auditor.
2
At the request of the Secretary of State, a school shall furnish her with copies of their accounts for such periods as she may specify together with copies of the auditor’s certificate relating thereto.
PART VI
Revocation and transitional provisions
Revocation and transitional provisions
24
1
Subject to paragraphs (2) and (3), the Regulations specified in Schedule 3 (“the old Regulations”) are hereby revoked.
2
In the case of a child who held an assisted place in the most recent school year beginning before 25th August 1995, any reference in these Regulations to the parents of that child shall be construed, for the purposes of the application of these Regulations in relation to a school year immediately following one in which the child held an assisted place (whether under these Regulations or the old Regulations), as a reference to the persons who are his parents within the meaning of regulation 2(2) to (5) of the Education (Assisted Places) Regulations 1989 , as amended by the Education (Assisted Places) (Amendment) Regulations 1991 .
3
The old Regulations shall continue to apply for the purposes of the reimbursement of any fees remitted by a school in accordance with the old Regulations.


text:
1
This Order may be cited as the Offshore Installations (Safety Zones) Order 1995 and shall come into force on 1st April 1995.
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by order of the Secretary of State.
Phillip Oppenheim
Parliamentary Under Secretary of State,
Department of Employment
28th February 1995


text:
Title, extent and commencement
1
These Regulations may be cited as the Arable Area Payments (Amendment) Regulations 1995, shall extend to Great Britain and shall come into force on 15th November 1995.
Amendments to the Arable Area Payments Regulations 1995
2
1
The Arable Area Payments Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) —
a
in the definition of “Commission Regulation 334/93” for the phrase “as amended by Commission Regulation ( EC ) No. 608/94 ” substitute the phrase “as last amended by Commission Regulation (EC) No. 1870/95 ”;
b
delete the definition of “Commission Regulation 2595/93”;
c
in the definition of “Council Regulation 1765/92” for “and Council Regulation (EC) No. 2990/94 ” insert “, Council Regulation (EC) No. 2290/94 and Council Regulation (EC) No. 2336/95 ”;
d
in the definition of “eligible land” before “means” insert “, subject to regulation 5A,”;
e
in the definition of “land set aside for non-food purposes” delete “either” and delete “or Commission Regulation 2595/93”;
f
in the definition of “permitted agricultural production” delete “or Commission Regulation 2595/93”; and
g
in the definition of “specified raw materials” after “Annex I” where it first appears insert “and Annex II ” and delete “and in Annex I to Commission Regulation 2595/93”.
3
After regulation 5, insert the following regulation —
Exchanges of eligible and ineligible land
5A
1
Where a farmer believes he is obliged to exchange ineligible land for eligible land within his holding for agronomic, phytosanitary or environmental reasons, as provided for in Article 3(4) of Commission Regulation 2780/92, he may apply to the Minister for approval of the exchange and the following provisions of this regulatiokn shall apply in respect of his application.
2
Subject to paragraphs (3) and (4) below, the application shall be in such form as the Minister may reasonably require.
3
Where the applicant holds any of the eligible land as a tenant then his application shall include a declaration that he has obtained the written consent of his immediate landlord to the proposed exchange in respect of each part of the eligible land so held.
4
Where the applicant holds any of the ineligible land as a tenant then his application shall include a declaration that he has informed his immediate landlord of the proposed exchange in respect of each part of the ineligible land so held.
5
If the Minister is satisfied that the applicant is obliged to exchange the ineligible land for the eligible land for agronomic, phytosanitary or environmental reasons then, subject to the following paragraphs of this regulation, he shall give approval for the exchange.
6
The Minister shall not give approval for the exchange if any of the ineligible land —
a
is situated within, or within 100 metres of, an area of special scientific interest as notified pursuant to section 28(1) of the Wildlife and Countryside Act 1981 unless he is satisfied that neither the ineligible land nor that area of special scientific interest will suffer any material environmental damage as a result of the exchange;
b
is situated within, or within 100 metres of, an area to which section 29(3) of the Wildlife and Countryside Act 1981 applies unless he is satisfied that neither the ineligible land nor that area will suffer any material environmental damage as a result of the exchange;
c
is situated within, or within 100 metres of —
i
particular land classified as a European site under regulation 10 of the Conservation (Natural Habitats &c.) Regulations 1994 ; or
ii
particular land included in the list referred to in regulation 7 of the Conservation (Natural Habitats &c.) Regulations 1994,
unless he is satisfied that neither the ineligible land nor that particular land will suffer any material environmental damage as a result of the exchange;
d
is situated within ten metres of any watercourse (which for the purposes of this provision includes any coastal water, estuary, lake, pond, river, stream, canal or field ditch) unless he is satisfied that neither the ineligible land nor the watercourse will suffer any material environmental damage as a result of the exhange;
e
is subject to an agreement under section 18(3) of the Agriculture Act 1986 unless he is satified that neither the ineligible land nor other land (if any) subject to the same agreement will suffer any material environmental damage as a result of the exchange;
f
is —
i
subject to an agreement made (in England and Wales) under the Nitrate Sensitive Areas (Designation) Order 1990 or (in Scotland) under section 31B of the Control of Pollution Act 1974 as it applies to Scotland; or
ii
situated within land in respect of which payments of aid may be made under the Nitrate Sensitive Area Regulations 1994 following a particular application thereunder,
unless he is satisfied that neither the ineligible land nor other land (if any) subject to the same agreement or, as the case may be, covered by the same application will suffer any material environmental damage as a result of the exchange;
g
is subject to an agreement entered into under section 4 of the Countryside Act 1968 and designated a Countryside Stewardship Scheme agreement (in England) or Tir Cymen agreement (in Wales) unless he is satisfied that neither the ineligible land nor other land (if any) subject to the same agreement will suffer any material environmental damage as a result of the exchange;
h
is situated within land in respect of which payments of aid may be made under the Habitat (Water Fringe) Regulations 1994 , the Habitat (Former Set-Aside Land) Regulations 1994 , the Habitat (Salt-Marsh) Regulations 1994 , the Habitat (Broadleaved Woodland) (Wales) Regulations 1994 , the Habitat (Water Fringe) (Wales) Regulations 1994 , the Habitat (Coastal Belt) (Wales) Regulations 1994 , the Habitat (Species-Rich Grassland) (Wales) Regulations 1994 or the Habitats (Scotland) Regulations 1994 following a particular application thereunder, unless he is satisfied that neither the ineligible land nor other land (if any) covered by the same application will suffer material environmental damage as a result of the exchange;
i
is situated within an area which has never been cropped during the period of twenty years ending on 22nd April 1995 unless that ineligible land is situated within an existing orchard planted after 22nd April 1965;
j
is situated within an existing orchard planted before 23rd April 1965 unless he is satisfied that such of the ineligible land as is situated within that orchard will not suffer material environmental damage as a result of that exchange;
k
is situated within land comprising an Ancient Monument which is included in the schedule compiled by the Secretary of State pursuant to section 1(1) of the Ancient Monuments and Archaeological Areas Act 1979 unless the Minister is satisfied that there will not be a harmful effect on the preservation of the Ancient Monument as a result of the exchange;
l
is situated within an area designated as an area of archaeological importance by the Secretary of State under section 33 of the Ancient Monuments and Archaeological Areas Act 1979 unless the Minister is satisfied that there will not be a harmful effect on the preservation of the archaeological importance of that area as a result of the exchange; or
m
is situated within a production region (as specified in regulation 3(1)) different from that in which any of the eligible land is situated.
7
Where approval has been given under paragraph (5) above, but —
a
any declaration included in, or information given by the applicant in connection with, the application was false in any material particular; or
b
any declaration required to have been included in the application by virtue of paragraph (3) or (4) above was not so included,
then the application shall for all purposes be treated as if it had never been approved.
.
4
Paragraph (3)(b) of regulation 9 (transfer of the obligation to set aside to anothe farmer) shall be replaced by the following —
b
either —
i
a nitrate sensitive area as designated (in England and Wales) by the Nitrate Sensitive Areas (Designation) Order 1990 or (in Scotland) under section 31B of the Control of Pollution Act 1974 as it applies in Scotland; or
ii
a nitrate sensitive area as defined in the Nitrate Sensitive Area Regulations 1994;
.
5
After regulation 10, insert the following regulation —
Delivery notifications for non-food raw materials
10A
1
The declaration which a farmer is required to make by Article 7(3) of Commission Regulation 334/93 shall be made by 15th November in the scheme year in respect of which set-aside compensatory payments have been claimed in respect of the land used to grow the raw material referred to in that provision.
2
For the purposes of sub-paragraph (a) of Article 8(4) of Commission Regulation 334/93, the date by which a collector or first processor shall provide the information referred to in that sub-paragraph shall be 15th November in the scheme year in respect of which set-aside compensatory payments have been claimed in respect of the land used to grow the raw material referred to in that provision.
3
The declaration referred to in paragraph (1) above shall be made, and the information referred to in paragraph (2) above provided, in such form as the Minister may reasonably require.
4
If the declaration referred to in paragraph (1) above is not made by the date specified in that paragraph, the Minister may deduce the set-aside compensatory payment due to the farmer in respect of the land used to grow the raw material referred to in that paragraph —
a
by up to 10% if the notification is made after, but not more than 20 working days after, the date specified in that paragraph; or
b
by up to 15% if the notification is made more than 20 working days after the date specified in that paragraph.
.
6
In regulation 11 (keeping and retention of records by a farmer), insert the following paragraph after paragraph 3 —
3A
A farmer who makes an application under regulation 5A which is approved by the Minister shall retain all documents relating to that application from the time at which he makes the application until the end of the fourth year following the year in which the approval is granted.
.
7
In regulation 12 (keeping and retention of records by a collector and by a processor) —
a
in paragraph (1) for “multiannual raw materials in accordance with the provisions of Commission Regulation 2595/93” substitute “raw materials, listed in Annex II to Commission Regulation 334/93, in accordance with the provisions of that Regulation”; and
b
in paragraph (3)(a) for “Annex II” substitute “Annex III ”.
8
In Schedule I (derogation from requirement to have farmed set-aside land for two years), in both Part I (derogations in respect of land in England or Wales) and Part II (derogations in respect of land in Scotland) —
a
in paragraph 1(b) —
i
delete “of sixty hectares or more”; and
ii
after paragraph (ii) insert “and he sets aside no more than 10 per cent of that part of the unit for which he claims a compensatory payment”; and
b
at the end of paragraph 1(d) insert “or”, and for paragraphs 1(e) and 1(f) substitute —
e
where he satisfies the Minister that he farms his holding by organic means or is converting to doing so.
Saving provision
3
Notwithstanding paragraph (8) of the previous regulation, where a farmer occupied or contracted to occupy any particular area of land before 28th July 1995, his entitlement to claim set-aside compensatory payments on any part of that particular area shall survive as if the amendments made by that paragraph had not been made.
Tony Baldry
Minister of State, Ministry of Agriculture, Fisheries and Food
24th October 1995
Lindsay
Parliamentary Under Secretary of State, Scottish Office
24th October 1995


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Local Government Changes for England (Community Charge and Council Tax, Administration and Enforcement) Regulations 1995 and shall come into force on 1st April 1995.
Interpretation
2
1
In these Regulations —
“the principal Regulations ” means the Local Government Changes for England (Finance) Regulations 1994 ;
“the 1989 Regulations ” means the Community Charges (Administration and Enforcement) Regulations 1989 ;
“the 1992 Regulations ” means the Council Tax (Administration and Enforcement) Regulations 1992 ; and
“relevant successor authority” means —
in connection with a community charge payable to the abolished authority by virtue of a residence, property or dwelling situated in any part of its area, the successor authority for that part; and
in connection with council tax payable to the abolished authority in respect of a dwelling situated in any part of its area, the successor authority for that part.
2
In these Regulations the following expressions shall have the same meaning as in the principal Regulations —
“abolished authority”, “the Act”, “the 1992 Act”, “preceding year”, “preliminary period”, “the reorganisation date”, “section 17 order” and “successor authority”.
3
In these Regulations —
a
any reference to a relinquishing authority is a reference to a local authority which, by virtue of a section 17 order, ceases to have functions in relation to a part of its area (referred to in these Regulations as “the transferred area”) from the reorganisation date; and
b
any reference to an acquiring authority is a reference to an authority which, by virtue of a section 17 order, has from the reorganisation date all the functions which prior to that date were the functions of the relinquishing authority (or would have all the functions but for an order under sections 21 and 22 of the Act) in relation to the transferred area.
PART II
TRANSITIONAL PROVISIONS: COMMUNITY CHARGE
Community Charges (Administration and Enforcement) Regulations 1989
Charging authorities
3
References to a charging authority in the 1989 Regulations shall, on or after the reorganisation date, include a county council to which are transferred, by or in consequence of a section 17 order, the functions of district councils in relation to the county council’s area.
Rights and duties of successor and relinquishing authorities
4
1
The 1989 Regulations shall have effect, on or after the reorganisation date, as if the rights and duties exercisable by or in relation to an abolished authority in connection with a community charge payable to it by virtue of a residence, property or dwelling situated in any part of its area were rights and duties exercisable by or in relation to the relevant successor authority and any references to a charging authority in those Regulations shall be read accordingly.
2
For the purposes of paragraph (1) anything done by or in relation to an abolished authority in the exercise of its functions under the 1989 Regulations shall be treated as if it had been done by or in relation to the relevant successor authority.
3
The 1989 Regulations shall have effect on or after the reorganisation date as if the rights and duties exercisable by or in relation to a relinquishing authority in connection with a community charge payable to it by virtue of a residence, property or dwelling situated in part of its area in which, from the reorganisation date, it ceases to have functions continued to be exercisable by or in relation to the relinquishing authority in relation to that part, and as if the acquiring authority had no rights and duties in connection with such a community charge, and any references to a charging authority in those Regulations shall be read accordingly.
Information
5
For the purposes of regulation 6(3)(d) (information from public bodies) of the 1989 Regulations information obtained by an abolished authority or a relinquishing authority in its capacity as a police authority or as a constituent council of such an authority shall from the beginning of the preliminary period be treated as if it had been obtained in that capacity by respectively the successor authority or the acquiring authority.
Supply of information to Secretary of State
6
For the purposes of regulation 7(1) (supply of information to Secretary of State) of the 1989 Regulations information obtained by a registration officer for an abolished authority shall from the beginning of the preliminary period be treated as if it had been obtained by the registration officer for the successor authority.
Application for liability order
7
Where before the reorganisation date an abolished authority applied for a liability order under regulation 29 (application for liability order) of the 1989 Regulations and the order is made on or after that date —
a
regulation 29(6)(b) of the 1989 Regulations shall apply, on or after the reorganisation date, as if the costs referred to were those reasonably incurred by the abolished authority and the relevant successor authority in obtaining the order; and
b
regulation 29(7) of the 1989 Regulations shall apply, on or after that date, as if the costs of the abolished authority in making the application had been the costs of the relevant successor authority.
Duties of debtors and making of attachment of earnings order
8
Where a liability order was applied for by, or made on the application of, an abolished authority under regulation 29 (application for liability order) of the 1989 Regulations, regulations 31(1) and 32(1) (duties of debtors subject to liability order and making of attachment of earnings order) of those Regulations shall apply on or after the reorganisation date as if the order had been applied for by or made on the application of the relevant successor authority as the case may be.
Attachment of earnings order: ancillary powers and duties
9
Where an attachment of earnings order was made by an abolished authority under regulation 32 (making of attachment of earnings order) of the 1989 Regulations, regulations 34(4), 34(6), 35(1) and 36 (attachment of earnings order: powers and duties) of those Regulations shall apply on or after the reorganisation date as if the order had been made by the relevant successor authority.
Distress
10
Where a liability order was made under regulation 29 (application for liability order) of the 1989 Regulations on the application of an abolished authority, regulation 39 (distress) of those Regulations shall apply on or after the reorganisation date as if the liability order had been applied for by the relevant successor authority.
Appeals in connection with distress
11
Where an abolished authority has levied or attempted to levy a distress under regulation 39 of the 1989 Regulations, regulation 40(2) to (4) (appeals in connection with distress) of those Regulations shall apply on or after the reorganisation date as if the levy had been made or attempted by the relevant successor authority.
Commitment to prison
12
Where an abolished authority has sought to levy an amount by distress under regulation 39 of the 1989 Regulations, regulation 41(1) (commitment to prison) of those Regulations shall apply on or after the reorganisation date as if it had been the relevant successor authority which had sought to levy the distress and as if the costs of the abolished authority in seeking to levy the distress had been the costs of the successor authority.
Charging orders
13
Where a liability order was made under regulation 29 of the 1989 Regulations on the application of an abolished authority —
a
regulation 44(3)(a) (charging orders) of the 1989 Regulations shall apply on or after the reorganisation date as if the liability order had been applied for by the relevant successor authority; and
b
regulation 44(3)(c) of those Regulations shall apply on or after that date as if the costs referred to were the costs reasonably incurred by the abolished authority and the relevant successor authority in obtaining the charging order.
Charging orders: further provision
14
Where a charging order was made under regulation 44 of the 1989 Regulations on the application of an abolished authority, regulation 45(4) (charging orders: further provision) of those Regulations shall apply on or after the reorganisation date as if the charging order had been made on the application of the relevant successor authority.
Magistrates' courts
15
Regulation 47(4) (magistrates' courts) of the 1989 Regulations shall apply on or after the reorganisation date in relation to any proceeding prosecuted or continued by the successor authority as if the reference to the applicant authority included the abolished authority.
PART III
TRANSITIONAL PROVISIONS: COUNCIL TAX
Council Tax (Administration and Enforcement) Regulations 1992
Billing authorities
16
For the purposes of the 1992 Regulations references to a “billing authority” shall during the preliminary period include an authority which has functions under Part I of the 1992 Act by virtue of regulation 49(1) of the principal Regulations.
Rights and duties of successor and relinquishing authorities
17
1
The 1992 Regulations shall have effect on or after the reorganisation date as if the rights and duties exercisable by or in relation to an abolished authority in connection with council tax payable to it in respect of a dwelling situated in any part of its area were rights and duties exercisable by or in relation to the relevant successor authority and any references to a billing authority in those Regulations shall be read accordingly.
2
For the purposes of paragraph (1) anything done by or in relation to an abolished authority in the exercise of its functions under the 1992 Regulations shall be treated as if it had been done by or in relation to the relevant successor authority.
3
The 1992 Regulations shall have effect on or after the reorganisation date as if the rights and duties exercisable by or in relation to a relinquishing authority in connection with council tax payable to it in respect of a dwelling situated in the transferred area continued to be exercisable as regards any preceding year by or in relation to the relinquishing authority in relation to that area, and as if the acquiring authority had no rights and duties in connection with such a council tax as regards any preceding year, and any references to a billing authority in those Regulations shall be read accordingly.
Information
18
For the purposes of regulations 4(3)(b) (information from public bodies) of the 1992 Regulations information obtained by an abolished authority or a relinquishing authority in its capacity as a police authority or as a constituent council of such an authority shall from the beginning of the preliminary period be treated as if it had been obtained in that capacity by respectively the successor authority or the acquiring authority.
Valuation lists
19
References in regulation 10(3)(a) and 17(1A)(a) (notification of assumption and interpretation and application of Part V) of the 1992 Regulations to the authority’s valuation list shall, on or after the reorganisation date, include in the case of a successor, relinquishing or acquiring authority the list, or the valuation list read in conjunction with the notice of the effect of alterations, supplied to it under regulation 46 of the principal Regulations.
Application for liability order
20
Where a liability order was made under regulation 34 (application for liability order) of the 1992 Regulations on the application of an abolished authority —
a
regulation 34(7)(b) of the 1992 Regulations shall apply on or after the reorganisation date as if the costs referred to were those reasonably incurred by the abolished authority and the relevant successor authority in obtaining the order; and
b
regulation 34(8) of the 1992 Regulations shall apply on or after that date as if the costs of the abolished authority in making the application had been the costs of the relevant successor authority.
Duties of debtors and making of attachment of earnings order
21
Where a liability order was applied for by, or made on the application of, an abolished authority under regulation 34 of the 1992 Regulations, regulations 36(1) and 37(1) (duties of debtors subject to liability order and making of attachment of earnings order) of those Regulations shall apply on or after the reorganisation date as if the order had been applied for by or made on the application of the relevant successor authority.
Attachment of earnings order: ancillary powers and duties
22
Where an attachment of earnings order was made by an abolished authority under regulation 37 of the 1992 Regulations, regulations 39(4) and (6), 40(1) and 41 (attachment of earnings order: ancillary powers and duties) of those Regulations shall apply on or after the reorganisation date as if the order had been made by the relevant successor authority.
Distress
23
Where a liability order was made under regulation 34 of the 1992 Regulations on the application of an abolished authority, regulation 45 (distress) of those Regulations shall apply on or after the reorganisation date as if the liability order had been applied for by the relevant successor authority.
Appeals in connection with distress
24
Where an abolished authority has levied or attempted to levy a distress under regulation 45 of the 1992 Regulations, regulation 46(2) to (4) (appeals in connection with distress) of those regulations shall apply on or after the reorganisation date as if the levy had been made or attempted by the relevant successor authority.
Commitment to prison
25
Where an abolished authority had sought to levy an amount by distress under regulation 45 of the 1992 Regulations, regulation 47(1) (commitment to prison) of those Regulations shall apply, on or after the reorganisation date, as if it had been the relevant successor authority which had sought to levy the distress and as if the costs of the abolished authority in seeking to levy the distress had been the costs of the successor authority.
Charging orders
26
Where a liability order was made under regulation 34 of the 1992 Regulations on the application of an abolished authority —
a
regulation 50(3)(a) (charging orders) of the 1992 Regulations shall apply on or after the reorganisation date as if the liability order had been applied for by the relevant successor authority; and
b
regulation 50(3)(c) of those Regulations shall apply on or after that date as if the costs referred to were the costs reasonably incurred by the abolished authority and the relevant successor authority in obtaining the charging order.
Charging orders: further provision
27
Where a charging order has been made under regulation 50 of the 1992 Regulations on the application of an abolished authority, regulation 51(4) (charging orders: further provision) of those Regulations shall apply on or after the reorganisation date as if the charging order had been made on the application of the relevant successor authority.
Magistrates' courts
28
Regulation 53(4) (magistrates' courts) of the 1992 Regulations shall apply, on or after the reorganisation date, in relation to any proceeding prosecuted or continued by the successor authority as if the reference to the applicant authority included the abolished authority.
Signed by authority of the Secretary of State
David Curry
Minister of State,
Department of the Environment
2nd February 1995


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Special Parking Area) (Royal Borough of Kingston upon Thames) (Amendment) Order 1995 and shall come into force on 31st March 1995.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991;
“the excluded areas” means the areas in the royal borough of Kingston upon Thames referred to in the Schedule to this Order; and
“the principal order ” means the Road Traffic (Special Parking Area) (Royal Borough of Kingston upon Thames) Order 1994 .
Exclusions from special parking area
3
1
The excluded areas shall cease to form part of the special parking area designated by article 3(1) of the principal order.
2
The modifications of the 1984 and 1991 Acts contained in articles 4 and 5 of the principal order shall cease to have effect in relation to the excluded areas.
Amendment of Schedule to the principal order
4
1
The Schedule to the principal order shall be amended as follows.
2
For paragraph 10 there shall be substituted —
10
Haycroft Road between its junction with Hook Road and a point 6.5m west of that junction.
3
For paragraph 13 there shall be substituted —
13
Hook Road —
a
(west side) between the southern kerbline of Gladstone Road and a point 8.5m south of the common boundary of 3 and 4 King Edward Drive; and
b
(east side) between a point 2.5m south of the northern flank wall of 177 Hook Road and a point 8.5m south of the common boundary of 3 and 4 King Edward Drive, including the circulatory carriageway of Hook roundabout.
4
For paragraph (iv) of paragraph 21(b) there shall be substituted —
iv
(service road fronting 1 to 67 Robin Hood Way) between its junction with Robin Hood Way (A3) and a point 2m north of the southern flank wall of 23 Robin Hood Way.
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
8th March 1995


text:
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 1995 and shall come into force on 1st July 1995.
2
1
Schedule 2 to the Goods Vehicles (Plating and Testing) Regulations 1988 shall be amended as follows.
2
For paragraph 6 there shall be substituted —
6
Tower wagons as defined in —
a
paragraph 8 of Schedule 1 to the Vehicle Excise and Registration Act 1994 as originally enacted; or
b
paragraph 17 of Schedule 2 to that Act as originally enacted.
3
In paragraph 7, for the words “section 4(2) of the 1971 Act” there shall be substituted the words “section 61 of the Vehicle Excise and Registration Act 1994 as originally enacted”.
4
For paragraph 16, there shall be substituted the following paragraph —
16
A motor vehicle at a time when it is being used on a public road during any calendar week if —
a
it is being used only in passing from land in the occupation of the person keeping the vehicle to other land in his occupation, and
b
it has not been used on public roads for distances exceeding an aggregate of six miles in that calendar week,
and to a trailer drawn by a motor vehicle that is being used on a public road in such circumstances.
For the purposes of this paragraph “public road” has the meaning given in section 62(1) the Vehicle Excise and Registration Act 1994.
Signed by authority of the Secretary of State
Steven Norris
Parliamentary Under Secretary of State
Department of Transport
8th June 1995